JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
FIRST PORTION Commenced at Atlanta, Monday, January 14th 1963 and
adjourned Friday, January 25th, 1963 SECOND PORTION
Commenced at Atlanta, Monday February llth, 1963 and adjourned Friday, March 15th, 1963
1963 LONGING & PORTER, INC.
HAPEVILLE, GA.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES 1963
GEORGE T. SMITH_____________________...___Speaker
GRADY COUNTY
GUY W. RUTLAND______________.__.___Speaker Pro Tern.
DEKALB COUNTY
GLENN W. ELLARD _________ ______________________
HABERSHAM COUNTY
_Clerk
JANETTE HIRSCH _________________________________________________ Assistant Clerk
FULTON COUNTY
JACK GREEN_______________________Assistant Clerk
RABUN COUNTY
AMELIA SMITH_________________-________Assistant Clerk
FULTON COUNTY
HUGH SKELTON____________________Journal Clerk
HART COUNTY
BARBARA BATES_____________._____Calendar Clerk
DEKALB COUNTY
HERSCHEL FARMER ________________________________________________..Messenger
HEARD COUNTY
NORMAN B. DOSTER___-_________________________________________________ Doorkeeper
WILCOX COUNTY
MONDAY, JANUARY 14, 1963
93
Representative Hall, Atlanta, Georgia, Monday, January 14, 1963.
The Representatives-elect of the General Assembly of Georgia for the years 1963-1964 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock a.m., this day and were called to order by Honorable Glenn W. Ellard, Clerk of the House of Representatives.
Prayer was offered by Elder V. II. Hooks, Sr., Pastor of the New Hope Primitive Baptist Church, Lexy, Georgia.
The following communications from Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Representatives-elect for the years 1963-1964, were received and read:
SECRETARY OP STATE Ben W. Fortson, Jr. Atlanta 3, Georgia
Honorable Glenn W. Ellard Clerk of the House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I am transmitting herewith the names of the Representatives elected at the General Election held on November 6, 1962, to represent the various counties in the General Assembly for the years 1963 and 1964 together with copies of correspondence and a copy of the consolidated return sheet for State and County Officers from Calhoun County. This return shows the number of tie votes cast for Representative in that county for Mr. W. H. Jordan and Mr. Joe Salter; all of this information being of file and record in this office.
Sincerely yours,
/s/ Ben W. Fortson, Jr. Secretary of State
BWF-ls enclosures
94
JOURNAL OF THE HOUSE,
REPRESENTATIVES IN GENERAL ASSEMBLY ELECTED IN GENERAL ELECTION NOVEMBER 6, 1962.
COUNTY
NAME
Appling----------------_.----------Curtis C. Herndon Atkinson...-------------- .------Waldo Henderson Bacon--------------------------.. H. Dorsey Deen Baker-------__------_..._---- J. R. (Jimmy) Rhodes, Jr. Baldwin------._------_----------._ J. Floyd Harrington Baldwin^----_....._---- --... Philip M. Chandler Banks .--------..----_--------_...._. J. Grover Simmons Barrow------_--._--__-_--.James W. Paris Bartow--__--..------------------J. R. Cullens Bartow...----------_--------__.William B. Greene Ben Hill----.....------.------.----A. "Brad" C. Dorminy, Jr.
Berrien------------__..........--....W. D. (Jack) Knight Bibb-- --------------..__._--__.Denmark Groover, Jr. Bibb--.--------------------------_--Mitchel P. House, Jr. Bibb--------------------------.William E. Laite, Jr. Bleckley------__------------_----J. R. (Jim) Mullis Brantley.._----.----._--_____..Hoke S. Wilson Brooks....----_.___--_--_._....Henry L. Reaves Bryan......._------------.--_------.--Jack W. Shuman Bulloch....._--.-----____--.__--.--W. Jones Lane Bulloch------------_----------Paul E. Nessmith, Sr. Burke--------_----.__---------- Memory King Tucker Butts ----------.------------.---- Bailey Woodward Calhoun....--------------..--,,..----.W. Harvey Jordan Camden------------_.--------------J. Nolan Wells Candler......----._-------------- Hines L. Brantley Carroll------------------------_--.J. Ebb Duncan
Carroll--.-----_----_.._..._..._.....Hayne Waldrop Catoosa.--.........--..._--_.----.Joe T. Clark Catoosa ------_------------____Joe B. Tucker Charlton ---------- _........ ...... H. Ben Rodgers Chatham.------------_...----.._.Arthur J. Funk Chatham.----------------------Willis J. (Dick) Richardson, Jr. Chatham------------------------.--Bart E. Shea Chattahoochee----------------.--Joe N. King Chattooga----------------------James H. Floyd Ch'erokee------_----_--------------Grady Newton Coker, M.D. Cherokee---------------------- Marion T. Pope, Jr. Clarke-----------_----------------.W. Randall Bedgood, Jr. Clarke--_------_--------------.Chappelle Matthews Clay------------------------.Henry G. McKemie Clayton.------____._.......------..__ Edgar Blalock Clayton...---------------------- Wm. J. (Bill) Lee Clinch ----------------------------Grover B. Lee Cobb ......-------------------.... E. W. (Bill) Teague Cobb----------_------_----..Joe Mack Wilson Cobb ---------------------- -- Robert E. Flournoy Coffee-------------------------- George J. Williams Coffee.----------------_--------.Henry R. Milhfollin Colquitt ___--------.--------------Dorsey R. Matthews Colquitt --------------------------David L. Newton
MONDAY, JANUARY 14, 1963
95
COUNTY
NAME
Columbia...__..____...____ G. S. Phillips Cook....._______._______________ Wilson B. Wilkes Coweta.-__________________ Henry N. Payton Coweta--_________________.D. B. Blalock Crawford________...___________.John C. Scarborough, Jr. Crisp....________________Howard Rainey Dade..__.._____________._--------Maddox j. Hale Dawson_____________________ Ralph W. Bowen Decatur..___________________________ J. Willis Conger Decatur-______________R. A. "Cheney" Griffin DeKalb.___________________.--James A. Mackay DeKalb________________Guy W. Rutland, Jr. DeKalb--__________.____ J. Robin Harris Dodge...________..______W. S. Stuckey Dooly....._______________Thomas I. Sangster Dougherty______________----George D. Busbee Dougherty________________Colquitt H. Odom Dougherty.__________________ William S. (Billy) Lee Douglas-..__..__________..Alpha A. Fowler, Jr.' Early...._._________________Leon Hodges Baughman Echols--._______.__.__....Louis T. Raulerson Effingham--______._______.B. Frank Arnsdorff Elbert --_______________Dr. A. S. Johnson, Sr. Emanuel_________________.Geo. L. Smith II Evans__.___________________ G. Ed Perry Fannin...._____________..._A. C. Duncan Fayette__________________ A. Hewlette Harrell Floyd....-..--,,____--____...--.Sidney Lowrey Floyd...__._____________.J. E. (Red) Jordan Forsyth...._______________A. C. Smith Franklin..._____._______.C. Patrick Milford Fulton....________._______.Wilson Brooks Fulton--.________________Jack Etheridge Fulton...._______________.Ralph McClelland Gilmer.--_.___________________B. C. Logan, "Sr. Glascock_______.______________.W. G. Todd Glynn--______________...._.... William R. Killian Glynn...__._____.__.__.--.Joe Isenberg Gordon..____.__....______..Troy Causby Grady...._____________..... George T. Smith Greene...___.__.______......Alien P. Roper Gwinnett..._....._.______._.Handsel Morgan Gwinnett-________.___._Earl P. Story Habersham .__.__._._.___ ....Richard Russell Smith Hall.........__.._______._ W. M. (Bill) Williams Hall...._....______________Howard T. Overby' Hancock..___.__________.Marvin E. Moate Haralson.--______________Thomas B. Murphy Harris.--_..___________.-- William Burton Steis Hart...._..._____________M. Parks Brown Heard._______________Truitt Davis Henry..._.___...____.____Edward E. McGarity Houston....--_______._____David C. Peterson Houston....______--____. Paul Stalnaker
96
JOURNAL OF THE HOUSE,
COUNTY
NAME
Irwin_________._.___----------.Harry Mixon Jackson----------__..._____,,__. Mac Barber Jasper________----------------Roy R. Kelly Jeff Davis.-_--------------------James L. (Jimmy) Conner Jefferson----------------------J. Roy McCracken Jenkins--_____________________ A. Sid Newton Johnson----------_...--__..._.,,. Emory L. Rowland Jones.---------_-------------- Corbin Carlton Roberts Lamar.--------_--_--------------Haygood Keadle Lanier._----....__--------_------__ Robert C. Pafford Laurens .------_------.-------- D. W. (Bill) Knight, Jr. Laurens------------------_----__.William Malcolm Towson Lee ..--___------_..___----------H. Goodwin Hall
Liberty.-------_..---------------- Charles M. Jones Lincoln -- _____________---Henry F. Partridge Long----------__----------.--_J. Tyron Shaw Lowndes--_.__--_____------_____ W. J. Gibbons Lowndes--_--______--.----------...Fred H. Walker Lumpkin..._--_-_._----_----------Fred C. Jones, Jr. Macon._________________________ J. Paul Sinclair Madison_____________--____-Edwin C. Poss Marion .________________.Eldridge W. Perry McDuffie_._..____-_------_--._- Leonard N. Lokey Mclntosh--__________..------...Daniel H. White Meriwether...._----...__....._...Render Hill Miller--_...____----..._._.__Buck Tabb Mitchell-_____..__--------...Frank S. Twitty Monroe.__--_____--___._..._.....Harold G. Clarke Montgomery..__----____._--__ Joe C. Underwood Morgan..------.-_._____----____--___E. Roy Lambert Murray--------_._..._------____-Gerald H. Leonard Muscogee------...__----._----Harry Dicus Muscogee------...___.----------Milton Jones Muscogee-------_.------------Mac Pickard Newton...----------__--............ W. D. (Donald) Ballard Newton.----___________________ Jack H. Morgan Oconee..__----_____..____------.Hubert H. Wells
Oglethorpe--_----------------.George B. Brooks Paulding ,,________--____------___. George Talmadge Bagby Peach ______.--______ _________ D. Warner Wells Pickens --_----........_---------Will Poole Pierce---_....___--------------. Francis Houston Pike------------_-------------- Caleb Powers Watson Polk-------------------------- Nathan D. Dean Polk --...--__.__-_....--___ John Harvey Moore Pulaski-------------------------John H. Anderson, Jr. Putnani------------...------...-- N. Dudley Horton, Jr. Quitman----------________.__ Joe J. Hurst Rabun .__,,--_________.--____.___ Knox Bynum Randolph--_________.____-- A'Delbert (Dell) Bowen Richmond------_--------------William M. Fleming, Jr. Richmond------_--------------James M. Hull, Jr. Richmond--_------------------ John C. Bell Rockdale--_.___...--_.____,,_-- Clarence R. Vaughn, Jr.
MONDAY, JANUARY 14, 1963
97
COUNTY
NAME
Schley.--_-__--_._._--_.___--Marvin E. DeVane Scr even---_._.._..._...__.__ H. Walstein Parker Seminole------.__-------------- J. O. Brackin Spalding- --_--------------------.Arthur K. Bojton Spalding--_--------_---------- Quimby Melton, Jr. Stephens------..--------------....--.J. A. (Jim) Andrews Stewart--_----___--___-------- Sam S. Singer Sumter-------.------------------ William E. Blair Sumter.---------_------------. J. W. Sewell Talbot ._--------------------------Jesse C. Watts Taliaferro----.--------------------Wales T. Flynt Tattnall--------------------. H. E. Kirkland Taylor.----------------_------ _ Ralph R. Underwood Telfair--------------------...----E. B. Smith, Jr. Terrell-------------------------Ed Pulford Thomas---_...._--_--__--.---- James W. Keyton Thomas.--------------------------Henry P. Russell, Jr. Tift-------------------------Henry Banks Alien Tift.---------------------------.Warren Frank Branch Toombs.----------_----------- Ross P. Bowen Towns.--------------------------Dr. John W. Aaree Treutlen.--_._._.----____-------J. Wyman Fowler Troup --------._--------.------------Harry R. Spikes Troup----------------------------J. Crawford Ware Turner--------.------------------Roy N. Coker Twiggs--------___--------------Homer L. Chance Union.--------------------_---- William T. Meeks Upson----------------------------Johnnie L. Caldwell Upson.--------------__----------Talmage B. Echols Walker-----.-------------------- Billy Shaw Abney Walker----------------------------. Wayne Snow, Jr. Walton----------.------------.--. J. T. Byrd Ware------------------------_-W. K. Ponsell Ware----------.---------------- Harry D. Dixon Warren.--__--------------------.Bobby W. Johnson Washington....------------..----Tom C. Carr Wayne.------.._.---------------- James E. Warren Webster--------------___------. ---- J. Lucius Black Wheeler-----------------------Mackie Simpson White------------------------.__ Thomas James McDonald, Jr. Whitfield.-------_------------Thomas M. Mitchell Whitfield.-----------------------Virgil T. Smith Wilcox------------------------------Cecil D. Crummey Wilkes....--------_-----------William R. Lindsey Wilkinson__-------------------- E. Brooks Lewis Worth.--------------_--------.David Campbell Jones
The roll was called and the following- Representatives-elect answered to their names:
Abney Acree Alien
Anderson Andrews Arnsdorff
Bagby Ballard Barber
98
JOURNAL OF THE HOUSE,
Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt
Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale
Hall Harrell Harrington Harris Henderson Herndon
Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun
Keadle
Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien
Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Leonard
Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt
McClelland McCracken McDonald
McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate
Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Payton Perry of Marion Perry of Evans Peterson
Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Rutland Sangster Sewell Shaw Shea
Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Spikes Stain aker Steis Story Stuckey Tabb Teague Todd
MONDAY, JANUARY 14, 1963
99
Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop
Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden
White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
The oath of office was administered to the Representatives-elect by Judge Robert Jordan, Judge of Court of Appeals of Georgia.
The following resolution was read and adopted:
HR 1. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to the member of the House of Representatives from Calhoun County; and for other purposes.
WHEREAS, at the General Election on November 6, 1962, Honor able W. Harvey Jordan, the Democratic Nominee for Representative from Calhoun County, and Honorable Joe Salter, a write-in candidate for such office, each received the same number of votes and the Ordi nary of said County has so certified to the Secretary of State; and
WHEREAS, on November 16, 1962, Mr. Salter wrote a letter to Mr. Jordan, with copies to the Governor, the Speaker of the House, and others, stating that he was relinquishing whatever right he might have in the race to represent Calhoun County in the Georgia House of Rep resentatives; and
WHEREAS, it is incumbent upon this House to provide for repre sentation for the people of Calhoun County, and the Constitution of this State provides in Article III, Section VII, Paragraph I, that each House shall be the judge of the election, returns and qualifications of its mem bers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that in view of the above, Honorable W. Harvey Jordan is hereby declared to be the Representative from Calhoun County for the 1963-64 Term of the General Assembly of Georgia, and he shall be seated as a member of the House of Representatives from Calhoun County.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to. the present Governor, the incoming Governor, the Secretary of State, Honorable W. Harvey Jordan, and Honorable Joe Salter.
100
JOURNAL OF THE HOUSE,
The following communication from Honorable Ben W. Fortson, Jr., Secretary of State, was received and read:
SECRETARY OF STATE Ben W. Fortson, Jr. Atlanta
January 14, 1963
Honorable George T. Smith Speaker of the House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Speaker:
This is to notify you that Honorable Cecil D. Crummey has in formed me to let you know that he has had a heart attack and is in the hospital. He is doing all right, but it will be several days before he can come up here and take the oath of office.
Very sincerely yours,
BWF/jkr
/s/ Ben W. Fortson, Jr. Secretary of State.
cc: Honorable Glenn W. Ellard Clerk of the House of Representatives State Capitol Atlanta, Georgia
Representative-elect Henry F. Partridge of Lincoln was administered the oath of office individually by Judge Robert Jordan, Judge of Court of Appeals of Georgia, due to being unavoidably detained.
Representative-elect John C. Scarborough, Jr., of Crawford was administered the oath of office individually by Judge Robert L. Russell, Judge of Court of Appeals, due to being unavoidably detained.
The next order of business being the election of a Speaker of the House for the ensuing term of two years, Mr. Harvey Jordan of Calhoun placed in nomina tion the name of Honorable George T. Smith of Grady, which nomination was seconded by Messrs. Wilson Brooks of Fulton, James H. Floyd of Chattooga, and Frank Twitty of Mitchell.
Mr. Bolton of Spalding moved that the nomination be closed and that the Clerk of the House cast the vote of the entire body for Representative Smith.
MONDAY, JANUARY 14, 1963
101
The motion prevailed and the Chair announced Representative George T. Smith, duly elected Speaker of the House of Representatives.
The Chair appointed as a Committee of Escort to notify the Speaker of his election and escort him to the Speaker's stand:
Messrs. Ware of Troup, Walker of Lowndes, Newton of Colquitt, Maddox Hale of Dade, Jones of Worth, Carr of Washington, Dorminy of Ben Hill, Wilkes of Cook, Waldrop of Carroll and Rowland of Johnson.
Upon being presented to the House by the Chair, the Speaker delivered the following speech in expressing his appreciation for being elected Speaker of the House of Representatives:
GENTLEMAN OF THE HOUSE:
I would be guilty of ingratitude if I did not express to you, as the first order of business, my sincere appreciation for the confidence and faith you have placed in me.
Thank you for permitting me to be your Speaker.
I accept this gavel as Speaker of the House with a deep feeling of responsibility . . .
. . . and a devotion to duty.
In assuming this important position, I do so with full knowledge that there are 204 other Representatives of the people of Georgia in this great deliberative body.
By working together, as a team, we can succeed in our purpose of enacting those laws which will produce better lives for our four million citizens and which will insure a better future for all Georgia.
This is a significant time for our people. They have chosen govern mental leaders for the next four years, and prospects for growth and progress, under the guidance of these new leaders, are indeed promising.
Governor-Elect Sanders will present his State-of-the-State address and Budget Message at noon Wednesday to a joint session of the House and Senate.
At that time he will present, to us, his legislative and budgetary recommendations.
His will be a strong, forthright program, I am sure . . .
. . . one to promote the healthy growth and development of Geor gia to a place of prominence among the States of this nation
102
JOURNAL OF THE HOUSE,
As legislators, I know we will be vitally interested in the programs Governor Sanders will present to us Wednesday.
We are witnessing the start of a "New Day" in Georgia politics, my friends.
Indeed, this is an apt definition.
We will have the first Governor in many years elected by popular vote . . .
. . . We will have a continuing State Senate . . .
. . . And the first appropriations act under the new budget laws will be presented.
As we approach the appropriations act for the coming biennium, we must do so with the full realization that State government is Geor gia's biggest business . . .
. . . And it must be conducted on a business-like basis.
This means economy, efficiency, wise fiscal policies, and sound budgeting.
We must not forget the new Administration's unrelenting efforts to provide the necessary services under present revenue laws.
We must do our rightful part in seeing that all essential services are provided our citizens.
This means that it is our responsibility to help eliminate unneces sary spending in every possible case, and to help make every tax dollar cover only those services which are beneficial to the people of Georgia.
If we of the Legislature are to properly exercise our newly-won right of overseeing fiscal affairs of the State . . .
. . . Then, my friends, we must ourselves practice economy and efficiency in all our official actions.
As we begin this legislative session, let each of us strive to make this General Assembly outstanding in Georgia history.
We can--and we will--by working diligently, constructively, and with dedication . . .
. . . and, by cooperating with each other, with the Senate, and with the new Administration.
My fellow Georgians, we in the House will face many matters of great importance in the days ahead.
MONDAY, JANUARY 14, 1963
103
In order to consider and act on them intelligently--and in a manner befitting the dignity of this House--we must abide by our rules of con duct and accepted procedure.
All of us know that the Rules of the House were adopted by the membership for the benefit of all.
And, to be effective, they must be obeyed by all.
I urge that you assist me in seeing that this is done.
With your cooperation, it will not be necessary for me to use this gavel unnecessarily, and waste this important body's valuable time.
However, I wish to emphasize now that when the rules of this House are broken, I will enforce them.
Since our adjournment a year ago, several minor changes have been made in the procedure of entertaining visitors on the House floor.
The lobbies on either side of this chamber, and in the rear, have been set aside for use by those who have the privilege of the floor.
If you find it necessary to talk with your constituents, the lobbies are provided for this purpose.
Further, our friends with the press, radio and television, have agreed to conduct all interviews in the lobbies, thereby cutting down some of the confusion of past years.
As you know, your families have been issued passes that entitle them to admittance to a reserved section in the gallery. This pass will also admit them to the lobbies.
/ request that yota strictly observe the House rule pertaining to pages
Beginning next Monday, this rule will be enforced to the letter.
Until then, it is my desire that you be given a period in which to make your plans accordingly.
As your new Speaker, I have two requests that I feel will benefit the entire membership; one concerning local legislation, the other deal ing with the wearing of name plates.
I believe that it will greatly benefit you--and your constituents-- if you will introduce your local legislation as early in the session as possible.
Those of you who have had experience with local legislation know that it is useless to wait until the waning days of the session to intro duce it.
104
JOURNAL OF THE HOUSE,
On the matter of name tags, I suggest you wear them for the first two weeks.
This will help all of us become more familiar with each other, and with new members.
And now, allow me to say that I shall endeavor to be fair in all rulings and in all dealings with the members of this House.
My friends, it will be my goal to conduct this body with the dignity that has become the tradition of the Georgia House of Representatives.
I believe that you, as a legislative body, expect and want this from your Speaker.
/ can assure you, that is what you will receive.
With this as my avowed creed, I accept with gratitude the high honor as Speaker of the Georgia House of Representatives.
I pledge to you that I will strive to carry well the faith and trust you have placed in me.
The Speaker's office is at your service. I want you to feel free to call upon me, or those in my office, at any time.
Thank you.
The Speaker announced as the next order of business the election of a Clerk of the House and Mr. Bolton of Spalding placed in nomination the name of Hon orable Glenn W. Ellard of Habersham County, which nomination was seconded by Messrs. Underwood of Montgomery and Hull of Richmond.
Mr. Bolton of Spalding moved that the nomination be closed and that the Clerk of the House cast the vote of the entire House for Honorable Glenn W. Ellard.
The motion prevailed and the Speaker announced Mr. Ellard as the duly elected Clerk of the House of Representatives for the sessions of 1963-1964.
The Speaker appointed the following Committee to escort the Clerk to the Clerk's stand:
Messrs. Simmons of Banks, Smith of Habersham, Matthews of Clarke, Smith of Emanuel, Kelly of Jasper and Hill of Meriwether.
Upon being presented to the House by the Speaker, the Clerk in brief, wellchosen words expressed to the members his deep appreciation of his election as Clerk of the House.
MONDAY, JANUARY 14, 1963
105
The Speaker administered the oath of office to the Clerk.
The following resolutions were read and adopted:
HR 2. By Messrs. Smith of Grady and Bolton of Spalding:
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 has organized by the election of Honorable George T. Smith of Grady County as Speaker, and Honorable Glenn W. Ellard of Habersham County as Clerk, and is now ready for the transaction of business.
HR 3. By Messrs. Smith of Grady and Bolton of Spalding:
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 President, be appointed to notify His Excellence, 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 3, the Speaker appointed the following as a Committee on the part of the House:
Messrs. Busbee of Dougherty, Melton of Spalding, Twitty of Mitchell, Underwood of Montgomery, Matthews of Clarke, Hill of Meriwether, and Newton of Colquitt.
HR 4. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to officials, attaches and employees of the House of Repre sentatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Speaker of the House is hereby authorized to appoint three
106
JOURNAL OF THE HOUSE,
Aides to the Speaker and three Secretaries, each of whom shall be paid the same per diem, compensation, expenses and allowances as members of the General Assembly. He is authorized to appoint twelve Assistant Doorkeepers at $8.00 per diem, two Porters at $7.00 per diem, and Pages at $3.00 per diem. He is authorized to retain the services of persons skilled in legislative matters and fix the compensation therefor. He is authorized to appoint a Sheriff of the House, Chaplains for the House, the Postmaster or Postmistress of the House, and a Director of Pages, and fix the compensation for each at not to exceed the compensation, per diem, expenses and allowances received by members of the General Assmbly. He is authorized to appoint three Assistant Directors of Pages and fix the compensation for each at not to exceed $30.00 per diem. In addition to any other per diem, compensation, expenses and allowances allowed by the Constitution, Statutes, Resolutions and Rules, the Speaker shall receive an allowance of $30.00 per day to cover other expenses incident to his position, and the Vice-Chairman of the Rules Committee shall receive an allowance of $20.00 per day to cover other expenses incident to his position.
BE IT FURTHER RESOLVED that the Administration Floor Leader is hereby authorized to appoint one Assistant and one Secretary, each of whom shall receive the same per diem, compensation, expenses and allowances received by members of the General Assembly.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized to appoint nine Porters at $7.00 per diem, four Assist ants, one Reading Clerk, one Calendar Clerk, and one Journal Clerk, each of whom shall receive the same per diem, compensation, expenses and allowances received by members of the General Assembly, ten Copy Readers, ten Typists, four Multilith operators, two Xerox operators, two Collator operators, and one sound machine operator, each of whom shall receive not more than $20.00 per diem.
BE IT FURTHER RESOLVED that the provisions of this Resolu tion shall become effective beginning with January 14, 1963, and shall remain effective through March 15, 1963, and the Speaker, the Admin istration Floor Leader, and the Clerk are hereby authorized to keep their offices open and retain such of the foregoing officials, attaches and employees as they deem necessary and advisable during the period between the first and second portions of the regular 1963 session, and such personnel shall be compensated on the same basis as during the regular session.
HR 5. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Adopting the Rules of the House; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that, except as herein provided, the Rules of the House of Representa tives in force at the adjournment of the Regular 1962 Session of the
MONDAY, JANUARY 14, 1963
107
General Assembly are hereby adopted as the Rules of the House of Representatives for the 1963 Session.
BE IT FURTHER RESOLVED that Rule 212 of the Rules of the House of Representatives is hereby amended:
(1) By striking the following:
"The Speaker shall be an ex-officio member of all standing committees of the House, but shall have no vote as an ex-officio member except on the Committee on Rules, of which he shall be Chairman. The Vice Chairman of the Rules Committee shall be an ex-officio member of the Appropriations, State of Republic, and Ways and Means Committees."
and inserting in lieu thereof the following:
"The Speaker shall be an ex-officio member of all standing committees of the House, but shall have no vote as an ex-officio member except on the Committee on Rules, of which he shall be Chairman."
(2) By striking the last paragraph as follows:
"The Speaker shall appoint a Chairman, a Vice Chairman, and a Secretary for all standing committees and for all subcommittees created by him."
and inserting in lieu thereof the following:
"Except as hereinafter provided, the Speaker shall appoint a Chairman, a Vice-Chairman, and a Secretary for all standing com mittees and for all subcommittees created by him. The Administra tion Floor Leader appointed by the Governor shall automatically be Vice-Chairman of the Rules Committee and shall also be an ex officio member of the Committee on Appropriations, the Committee on State of Republic, and the Committee on Ways and Means. He shall have a vote on each of said committees the same as any other member of said committees. Such Floor Leader shall serve on the aforesaid four committees, and if the Speaker so desires he may appoint such Floor Leader to such other number of committees as provided hereinbefore for other Representatives. Prior to serving on the four committees listed above, the Administration Floor Leader must be certified as such by the Governor to the Speaker of the House and to the Clerk of the House."
HR 6. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to canvassing and publishing the election returns; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the House and the Senate meet in joint session in the Hall of
108
JOURNAL OF THE HOUSE,
the House of Representatives at 9:15 o'clock A.M., Tuesday, January 15, 1963, for the purpose of canvassing and publishing the election returns relative to State officials and declaring the results thereof.
BE IT FURTHER RESOLVED that the Speaker of the House appoint three tellers, and the President of the Senate appoint two tellers for the purpose of canvassing the aforesaid returns, and that the tellers submit their report to the aforesaid joint session of the General As sembly.
Under the provisions of HR 6, the Speaker appointed as Tellers on the part of the House, the following:
Messrs. Sinclair of Macon, Conner of Jeff Davis, and Murphy of Haralson.
HR 7. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to the Committee on arrangements for the Inauguration of the Governor and Lieutenant Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a Committee of eleven, seven to be named by the Speaker, and four to be named by the President, be appointed to confer with the present Governor, the present Lieutenant Governor, the Governor-Elect, and the Lieutenant Governor-Elect, relative to the arrangements for the Inauguration of Honorable Carl E. Sanders as Governor and the Hon orable Peter Zack Geer as Lieutenant Governor.
Under the provisions of HR 7, the Speaker appointed as a Committee on the part of the House, the following:
Messrs. Acree of Towns, Clarke of Monroe, Ballard of Newton, Isenberg of Glynn, Horton of Putnam, Payton of Coweta, and Fulford of Terrell.
HR 8. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Providing for a joint session for the Inauguration; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the House and Senate meet in joint session at 9:15 o'clock A.M., Tuesday, January 15, 1963, for the purpose of inaugurating Hon-
MONDAY, JANUARY 14, 1963
109
orable Carl E. Sanders as Governor and Honorable Peter Zack Geer as Lieutenant Governor.
BE IT FURTHER RESOLVED that a Committee of nine, six to be named by the Speaker, and three to be named by the President, be appointed to escort the incoming Governor and the retiring Governor, the incoming Lieutenant Governor and the retiring Lieutenant Governor to the scene of the Inauguration.
Under the provisions of HR 8, the Speaker appointed as a Committee on the part of the House, the following:
Messrs. Bolton of Spalding, Busbee of Dougherty, Blalock of Coweta, Milhollin of Coffee, Jordan of Calhoun, and Andrews of Stephens.
HR 9. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Calling a joint session of the House and Senate for the purpose of electing the Legislative Counsel; and for other purposes.
WHEREAS, the Law creating the Office of Legislative Counsel provides that the Legislative Counsel shall be elected by the Legislative Services Committee subject to the approval of both branches of the General Assembly in joint session; and
WHEREAS, the Committee has met and elected a Legislative Coun sel;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a joint session of the Senate and the House of Representatives be held in the Hall of the House of Represen tatives at 9:15 o'clock A.M., Tuesday, January 15, 1963, for the purpose of considering the action of the Legislative Services Committee in elect ing the Legislative Counsel.
The next order of business being the election of a Speaker Pro-Tempore, Mr. Mackay of DeKalb placed in nomination the name of Honorable Guy Rutland of DeKalb, which nomination was seconded by Messrs. Busbee of Dougherty and Barber of Jackson.
Mr. Bolton of Spalding moved that the nominations be closed and that the Clerk of the House cast the vote of the entire body for Representative Rutland.
The motion prevailed and the Chair declared Representative Guy Rutland duly elected Speaker Pro-Tempore of the House of Representatives for the ensuing term of two years.
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JOURNAL OF THE HOUSE,
The Speaker appointed the following committee to escort the Speaker ProTempore to the Speaker's stand:
Messrs. Blalock of Clayton, Williams of Hall, Newton of Colquitt, Baughman of Early, and Wells of Oconee.
Upon being presented to the members of the House by the Speaker, the Speaker Pro-Tempore addressed the members in words of appreciation for his election to this office.
The next order of business being the election of a Messenger of the House, Mr. Melton of Spalding placed in nomination the name of Hershell Farmer of Heard County, which nomination was seconded by Mr. Ware of Troup.
Mr. Bolton of Spalding moved that the nominations be closed and that the Clerk of the House cast the vote of the entire body for Honorable Farmer.
The motion prevailed and the Chair announced Honorable Hershell Farmer of Heard duly elected Messenger of the House for the ensuing term of two years.
The Speaker appointed as a Committee of Escort to escort the Messenger to the Speaker's stand, the following:
Messrs. Hill of Meriwether, Lee of Clayton, Waldrop of Carroll, Wells of Oconee and Harrell of Fayette.
The Messenger was escorted to the Speaker's stand and addressed the House in a few well chosen words.
The next order of business being the election of a Doorkeeper of the House, Mr. Stuckey of Dodge placed in nomination the name of Honorable Norman B. Doster of Wilcox County, which nomination was seconded by Mr. Sangster of Dooly, and Mr. Perry of Marion.
Mr. Bolton of Spalding moved that the nominations be closed and that the Clerk cast the vote of the entire body for Honorable Doster.
The motion prevailed and the Chair announced Honorable Norman B. Doster duly elected Doorkeeper of the House for the ensuing term of two years.
The Speaker appointed as a Committee of Escort to escort the Doorkeeper to the Speaker's stand, the following:
Messrs. Roper of Green, Fowler of Douglas and Carr of Washington.
MONDAY, JANUARY 14, 1963
111
The Doorkeeper was escorted to the Speaker's stand and addressed 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 resolutions of the Senate and House, to wit:
SR 1. By Senator Pannell of the 54th:
A Resolution to notify the House that the Senate has convened and or ganized by the election of the Honorable Harry Jackson of the 16th as President Pro Tempore and Honorable George D. Stewart as Secretary.
HR 3. By Mr. Bolton of Spalding:
A Resolution by the House of Representatives, the Senate concurring, 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 president, be appointed to notify His Excellency, the Governor, that the General As sembly has convened in regular session and is now ready for the trans action of business.
The president appointed as a committee the following Senators:
Senators Downing of the 1st, Searcey of the 2nd, Oliver of the 4th and Gaynor of the 5th.
HR 6. By Messrs. Smith of Grady, Bolton of Spalding:
A Resolution relative to canvassing and publishing the election returns; and for other purposes.
The president appointed as a committee the following Senators: Senators Zorn of the 6th and McKinnon of the 7th.
HR 7. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution relative to the committee on arrangements for the inaugu ration of the Governor and Lieutenant-Governor; and for other purposes.
The president appointed as a committee the following Senators:
Senators Rowan of the 8th, Spinks of the 9th, Pelham of the 10th and Webb of the llth.
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JOURNAL OF THE HOUSE,
HR 8. By Messrs. Smith of Grady and Bolton of Spalding: A Resolution providing for a joint session for the Inauguration; and for other purposes.
The president appointed as a committee the following: Senators Knox of the 24th, Gillis of the 20th and Smalley of the 28th.
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 9. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution calling a joint session of the House and Senate for the purpose of electing the Legislative Counsel; and for other purposes.
The following communication was received and read:
STATE OF GEORGIA Executive Department
Atlanta
EXECUTIVE ORDER
BY THE GOVERNOR:
WHEREAS: Georgia Code Section 40-205 provides that the Gov ernor of the State of Georgia may suspend collection of taxes, or any part thereof due the State until the next meeting of the General As sembly; 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 26th day of February, 1962, to be effective as of February 26, 1962.
/s/ S. Ernest Vandiver, Governor.
BY THE GOVERNOR: /s/ Wallace L. Jernigan,
Executive Secretary.
MONDAY, JANUARY 14, 1963
113
EXECUTIVE ORDER
BY THE GOVERNOR:
WHEREAS: There are a number of independent colleges and uni versities located within the State of Georgia which are making signifi cant contributions to the cause of higher education in this State; and
WHEREAS: These private and independently supported universi ties and colleges now provide approximately one-third of Georgia's total college enrollment and thereby offer quality education for many thou sands of Georgia's finest youth; and
WHEREAS: The costs of operating these institutions have in creased annually far in excess of their endowments, income from tuition charges and special grants from the federal government; and
WHEREAS: It has been made to appear to me that these institu tions are confronted with a financial crisis and that their educational programs, so essential to the future of this State, are in danger; and
WHEREAS: Section 40-205 of the Code of Georgia provides that the Governor of the State may suspend collection of taxes or any part thereof, due the State until the next meeting of the General Assembly but no longer; it is therefore
ORDERED: That effective October 1, 1962, the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on purchases and leases of tangible personal property and services exclusively for educational purposes by those Georgia schools of college grade level only, the academic credits of which are accepted as equiva lents by the educational units of the University System of Georgia, where it is determined that the University System of Georgia enjoys immunity from such taxes, be suspended until the next meeting of the General Assembly of Georgia.
This 25th day of September, 1962.
/s/ S. Ernest Vandiver, Governor.
BY THE GOVERNOR:
/s/ Charles T. White, Executive Secretary.
GEORGIA, FULTON COUNTY:
The undersigned, as Secretary of the Executive Department of the State of Georgia, hereby certifies that the above and foregoing is a true
114
JOURNAL OF THE HOUSE,
and correct transcript of an order, writing or document, signed by the Governor of said State and of record in this department.
This 25th day of September, 1962.
/s/ Charles T. White, Secretary Executive Department.
Mr. Bolton of Spalding moved that the House do now adjourn until 8:45 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 8:45 o'clock tomorrow morning.
TUESDAY, JANUARY 15, 1963
115
Representative Hall, Atlanta, Georgia, Tuesday, January 15, 1963.
The House met pursuant to adjournment at 8:45 o'clock this morning and was called to order by the Speaker.
Prayer was offered by Elder V. H. Hooks, Sr., Pastor of the New Hope Primi tive Baptist Church, Lexy, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, and Engrossing, Journals, reported that the Journal of yesterday's proceedings 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:
HR 10. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that immediately after the dissolution of the joint session of the House and Senate, which will be held today, January 15, 1963, for the purpose of inaugurating the Governor and Lieutenant Governor, the House stand adjourned until 11:00 o'clock A.M., Wednesday, January 16, 1963.
HR 11. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to the per diem, expenses and allowances of members of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of the House of Representatives for the 1963-64 term
116
JOURNAL OF THE HOUSE,
shall receive, during the 1963 and 1964 Sessions, the same per diem, expenses and allowances which members of the House of Representatives received for the 1962 Session.
Because of official business, Representative-elect J. A. Andrews of Stephens did not take the oath of office with the other members of the House. In view of this fact, the oath of office was administered to Mr. Andrews by Honorable Winebert Dan Flexer, II, Judge of the Superior Courts of the Brunswick Judicial Cir cuit.
Speaker Smith appointed Honorable Jack M. Tyson as Sheriff of the House and administered the oath of office to Sheriff Tyson.
The following Committee report was received:
SECRETARY OF STATE Ben W. Fortson, Jr. Atlanta
January 15, 1963
Honorable Glenn Ellard, Clerk House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Ellard:
In compliance with Resolution Act #36 of 1961 (Ga. Laws 1961, p. 276), I am today filing with you and the Speaker of the House of Rep resentatives, the President of the Senate, Secretary of the Senate, and all members of the 1963 General Assembly a copy of the final report of the Election Laws Study Committee.
Very sincerely yours,
/s/ Ben W. Fortson, Jr. Secretary of State. Chairman, Election Laws Study Committee.
BWF:ct Encl.
TUESDAY, JANUARY 15, 1963
117
REPORT OF THE ELECTION LAWS STUDY COMMITTEE
The Election Laws Study Committee was created by Resolution Act #36 which was passed at the 1961 Session of the General Assembly (Ga. Laws 1961, p. 276). The Committee is composed of Honorable Ben W. Fortson, Jr., Secretary of State, Chairman; Garland T. Byrd, Lieutenant Governor; Geo. L. Smith II, Speaker, House of Representatives; Eugene Cook, Attorney General; Senators D. B. Blalock, A. Sid Newton and John C. Peterson; Representatives J. Roy McCracken, P. T. McCutchen, Virgil T. Smith, Joe C. Underwood and Harold S. Willingham; Mrs. Iree Pope, Ordinary, Richmond County; Richard W. Watkins, Jr., Ordi nary, Butts County; and Thomas Vann, Registrar, Thomas County.
The original resolution placed a twenty (20) day time limitation on the work of the Committee. The Committee made a preliminary report to the 1962 Session of the General Assembly as required by the Resolu tion. The report was accompanied by proposed legislation and a request that the time limitation be removed in order that the Committee might have an opportunity to continue work on the monumental task assigned to it. This time limitation was removed at the 1962 Session .
The many court suits, the extraordinary sessions of the General Assembly, the reapportionment of the State Senate, the various cam paigns, primaries and elections, and many other matters which occurred in 1962 presented a multitude of new problems which needed to be settled prior to any concrete recommendations being made by the Com mittee. The Committee felt that it would be useless for it to make any recommendations for changes in the law until some of these problems had been solved and Court decisions rendered. Consequently, in view of the above, the Committee has met only one time since the removal of the time limitation and the fact that needless meetings were not held has resulted in considerable savings to the taxpayers of this State.
The need for a complete revision of the election laws, however, still remains and, in fact, is needed even more as a result of some of the occurrences referred to hereinbefore. Consequently, the Committee strongly recommends that a New Election Laws Study Committee be created at the 1963 Session so that a Georgia Elections Code may be prepared for presentation to the General Assembly.
Attached to this report is a letter from Dr. Albert Saye, Professor of Political Science, University of Georgia, who has given the Commit tee the benefit of his counsel and advice. Also attached find recommen dations from individual members of the Committee.
Respectfully submitted,
ELECTION LAWS STUDY COMMITTEE
/s/ Ben W. Fortson, Jr. Secretary of State. Chairman.
118
JOURNAL OF THE HOUSE,
THE UNIVERSITY OF GEORGIA Department of Political Science Athens, Georgia
Mr. Ben W. Fortson, Jr. Secretary of State State Capitol Atlanta, Georgia
December 19, 1962
Dear Mr. Fortson:
This letter is written in response to the request by Senator Blalock that I express my views on the need for continuing the Election Laws Study Committee.
Unquestionably there is need for both a revision and a reeodification of the laws of Georgia governing elections. As I understand the matter, the Study Committee was inactive in 1962 because of the turbu lent political climate resulting from injunctions by the courts in matters relating to elections, and from activity associated with the gubernatorial election.
I think it advisable either to continue a study committee made up along the lines of the present Election Laws Study Committee, or to create a new committee with fewer members.
Sincerely yours,
ABS:dh
/s/ Albert B. Saye Professor of Political Science.
The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session convened for the purpose of canvassing and publishing the election returns and declaring the results thereof for Governor, Lieutenant-Governor, and all State House Officers, and the election of a Legislative Counsel, was called to order by the President of the Senate.
The Secretary of the Senate read the Resolutions providing for the joint session.
The following report of the Committee of Tellers was read:
TO THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SES SION:
We, the tellers, appointed to canvass the votes for Governor, Lieu-
TUESDAY, JANUARY 15, 1963
119
tenant Governor, and other State House officers, as required by the Constitution, beg leave to submit the following report:
For Governor Carl E. Sanders-...----_.--.___._..._._..._.....______.__--__--311,524
For Lieutenant Governor Peter Zack Geer--_--__.___------.--_____--___________.--..-297,345
For Secretary of State Ben W. Fortson, Jr.--__-------_--_--_.__,,_----.--_--___._298,240
For Comptroller General James L. (Jimmy) Bentley--------------------_-. ___.----300,200
For Attorney General Eugene Cook.__--__----.-----------------____._._------___--296,168
For State Treasurer Jack B. Ray----__----------------___.__---______-294,652
For State Superintendent of Schools Claude Purcell----.------_--------.._______-_____-294,680
For Commissioner of Agriculture Phil Campbell....__.------.---------_..._..._--.__----.--..296,524
For Commissioner of Labor Ben T. Huiet--------____----__._----_--_....___....._...__-294,975
For Public Service Commissioner
(Unexpired Term of W. H. Kimbrough) W. H. Kimbrcugh-----------___---------_____----__-_----.287,677
For Public Service Commissioner W. H. Kimbrough........_____________ .-----------__.--285,141
*See attached sheets for miscellaneous write-in votes.
We recommend the candidates named above, who have received a majority of the votes be and they are hereby declared elected to their respective offices.
Respectfully submitted:
ON THE PART OF THE SENATE: /s/ Talmadge McKinnon /s/ Wm. A. Zorn
ON THE PART OF THE HOUSE: /s/ J. Paul Sinclair /s/ Thomas B. Murphy /s/ James Conner
120
County Appling
Brooks Burke Cherokee Crisp Decatur Jones Monroe Worth
JOURNAL OP THE HOUSE,
GOVERNOR
Independent Party
Marvin Griffin Hunter Johnson J. A. Milteer Byron Lamar Murray Marvin Griffin Garland Byrd Marvin Griffin Nat Walker Marvin Griffin James H. Gray
Charlton
True Democratic Party Marvin Griffin
Candler Liberty Morgan Tattnall
Republican Party
Marvin Griffin W. R. Tucker James Dorsey J. A. Milteer
Brooks Calhoun Chatham
Clarke Clayton
Constitution Party
J. A. Milteer
Write-in
Marvin Griffin
P. B. Edwards J. A. Milteer James E. Gray Jack B. Partick Ralph Nesmith Marvin Griffin Whitmire Martin Luther King John Wells Lester Maddox J. Walter Cowart Richard Hall Mills B. Lane Mrs. J. Milton Lent Marvin Pittman
Grace Thomas Marvin Griffin
James H. Gray Marvin Griffin Lester Maddox
Number of Votes 1 1 1 1 1 1 7 1 1 6
1 13 25
1 1 8 1 1 1 1 1 1 1 1 1 1 2 1 4 1
TUESDAY, JANUARY 15, 1963
County Coffee Dade Dougherty
Effingham
Glascock Hall Lee Lincoln Pierce Terrell Worth
Write-in
Marvin Griffin
Marvin Griffin
Barker Gable R. L. Ray M. L. Griffin J. H. Gray Spencer
Buster Dillard J. A. Milteer James Gray
Marvin Griffin
Lester Maddox
Thad Gibson James Gray
Marvin S. Griffin
Hoke O'Kelley Marvin Griffin
James Gray Marvin Griffin
Marvin Griffin
121
Number of Votes
1
1
1 1 1 17 13 1
1 3 2
4
1
1 2
2
1 2
2 3
2
County Chatham
Clarke
Clayton Coffee Dougherty Douglas Effingham Floyd Lumpkin
LIEUTENANT GOVERNOR
Write-in
Marvin Griffin Garland Byrd J. C. Metts Martin Luther King Carl Seller Lester Maddox
Garland Byrd Peyton Hawes Wilson Maddox
Garland Byrd Lestar Maddox
Edd Wilson Lester Maddox
G. F. Byrd
Garland T. Byrd
Willie Watson
Garland Byrd Lester Mattox
James V. Carmichael
Number of Votes
2 12
1 1 1 4
20 7 6 2
2 2
1 1
122
County Pierce Wilcox
Cherokee Crisp Grady Marion Morgan
JOURNAL OF THE HOUSE,
Write-in Garland Byrd Roger Lawson
Independent Party
Garland Byrd Edd Wilson Garland Byrd Winston Burdine Garland Byrd
Number of Votes 1 1
Chatham Clayton
CONSTITUTIONAL OFFICERS
Write-in Comptroller General:
Bruce Edwards
Secretary of State: Frank Downs Paul Jones Garland Byrd Mrs. Milton Lent
Commissioner of Agriculture: Hoot Gibson
Comptroller General: Bruce B. Edwards
By unanimous consent, the report of the Tellers was adopted.
Under the provisions of HR 9, the following Resolution was read and unani mously adopted:
HR 12-JR 1. By Senator Pannell of the 54th and Mr. Bolton of Spalding:
A RESOLUTION
Relative to the election of the Legislative Counsel; and for other purposes.
TUESDAY, JANUARY 15, 1963
123
WHEREAS, the Law creating the Office of Legislative Counsel provides that the Legislative Counsel shall be elected by the Legislative Services Committee subject to the approval of both branches of the General Assembly in joint session; and
WHEREAS, the Committee has met and elected Honorable Frank H. Edwards as Legislative Counsel and recommends to the General As sembly the approval thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA. IN JOINT SESSION ASSEMBLED, that the election of Honorable Frank H. Edwards by the Legislative Services Committee as Legislative Counsel, is hereby approved and he is hereby declared to be Legislative Counsel as provided by Law.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Governor and to the Secretary of State.
The President declared that Honorable Frank H. Edwards is the duly elected Legislative Counsel.
The hour of convening the joint session, under the provisions of HR 8 having arrived, the members of the General Assembly proceeded to the Washington Street entrance to the Capitol, where the joint session, called for the purpose of inaugu rating Governor-Elect Carl E. Sanders, and Lieutenant-Governor-Elect Peter Zack Geer, was called to order by Honorable George T. Smith, Speaker of the House of Representatives.
The inaugural program was as follows:
INAUGURAL PROGRAM
CARL E. SANDERS Governor
PETER ZACK GEER Lieutenant Governor
Inauguration of the Governor of Georgia
January 15, 1963
124
JOURNAL OF THE HOUSE,
CARL E. SANDERS
Governor
Carl Edward Sanders was born May 15, 1925, in Augusta, Georgia. He mar ried Betty Bird P'oy of Statesboro, Georgia in 1947, after a college courtship on the University of Georgia campus. The Governor and his wife have two children, ten-year-old Betty Poy and nine-year-old Carl, Jr.
Educated in the public schools of Richmond County, Georgia, Governor San ders later attended the University of Georgia, receiving a Bachelor of Law degree from the University Law School in December, 1947.
At the age of 17, he enlisted in the Nation's aviation cadet program, becoming First Pilot of a B-17 heavy bomber at the age of 19 and achieving the rank of first lieutenant before the end of World War II.
Beginning an active career in public service with election to the Georgia House of Representatives from Richmond County in 1954, he was chosen in 1956 to represent the Counties of Richmond, Jefferson and Glascock in the State Senate. He was sent again to the Senate in 1958 when Jefferson County yielded its turn to Richmond, and still again in 1960 when Glascock yielded in order to offer him an unprecedented third consecutive term.
In the General Assembly he was chosen Senate Floor Leader in 1959 and elected President Pro-Tempore of the Senate in 1960. Nominated over four other candidates for Governor of Georgia in the State Democratic Primary of Septem ber 12, 1962. by a 162,000-vote victory margin, he received 494,978 of 852,000 votes. His election resulted from the first statewide primary of modern time in which a Governor was chosen by popular vote. Under the old county unit system, however, his mandate would have been similarly onesided.
Admitted to the Georgia Bar Association upon passing the bar examination several months before receiving his law degree, he soon became a partner in the Augusta firm of Hammond, Kennedy and Sanders. Ultimately, he became a senior partner of the firm of Sanders, Thurmond, Hester and Jolles, and is widely known as both a trial lawyer and a corporate attorney.
Long active in the Young Men's Christian Association, he has held high office in the organization. He has also served in official capacities with the Geor gia-Carolina Boy Scout Council, the Augusta Chapter of the American Red Cross, and as a member of the Augusta, Georgia, and American Bar Associations, the Phi Delta Phi legal fraternity, the Chi Phi fraternity, and the American Legion, and as a Moose, Mason and Elk. Governor Sanders is also a deacon of the Hill Baptist Church of Augusta, and has served as a teacher of the Young Men's Bible Class at his home church for more than 14 years.
In 1955 his home city honored him as Young Man of the Year, and in 1959 the Georgia Junior Chamber of Commerce selected him as one of five of the State's most outstanding young men.
A strong proponent of physical fitness, Governor Sanders was an outstanding athlete during his high school and college years. As a member of the Academy of Richmond County football squad, he earned All-State honors, and played varsity football at the University of Georgia.
TUESDAY, JANUARY 15, 1963
125
PETER ZACK GEER
Lieutenant Governor
Peter Zack Geer, Jr. was born August 24, 1927, at Colquitt, Miller County, Georgia.
He descends from a family long prominent among Georgia's public servants. His father was a Superior Court Judge, his grandfather was a member of the General Assembly of Georgia, and an uncle presently serves on the Superior Court Bench. The Lieutenant Governor and his wife, the former Mary Jean Robinson, have a thirteen-year-old daughter, Carol.
Lieutenant Governor Geer was educated in Georgia. He attended public schools at Colquitt, the Georgia Military College at Milledgeville, Middle Georgia College at Cochran, and Oglethorpe and Mercer Universities. He graduated from Mercer University with a Bachelor of Arts degree, and is Cum Laude graduate of Mer cer's Walter F. George School of Law.
Beginning his public career as Miller County's County Attorney, he served in the Georgia House of Representatives in 1953-54, and later served as Chairman of the Civil War Centennial Commission. In 1959 he was named Executive Secre tary to Governor S. Ernest Vandiver and served in that capacity until December, 1961.
Mr. Geer has also been active in charitable, religious and educational endeav ors as a Methodist, and also as a member of the Loyal Order of Moose and the Fraternal Order of Elk. He is the immediate past Chairman of the Alumni Asso ciation of the Walter F. George School of Law.
The Lieutenant Governor led a field of nine contenders for his position in the 1962 State Democratic Primary. He was nominated for the office in the September run-off primary by a substantial majority and elected in the November general election.
126
JOURNAL OF THE HOUSE,
INAUGURAL PROGRAM
January 15, 1963 -- Washington Street Entrance -- State Capitol
Inaugural Parade
10:00 A.M. Parade Route -- Washington Street
11:30 A.M.
Band Selections --------------The Dixie Redcoat Band of the University of Georgia
Joint Session..------__________________Called to order by Honorable George T. Smith, Speaker, House of Representatives
Invocation .. Reverend T. E. Boehm, Hill Street Baptist Church, Augusta, Georgia Recognition.-----....--_..--------of State House Officers and Distinguished Guests
Presentation----...----__----of Honorable S. Ernest Vandiver, Outgoing Governor
Delivery of Great Seal of Georgia to Governor.------Honorable Ben W. Fortson, Secretary of State
12:00 Noon
Administration of Oath of Office to Governor Elect Honorable Joseph D. Quillian, Associate Justice, Supreme Court
Delivery of the Great Seal of Georgia to the Secretary of State Governor Carl E. Sanders
Inaugural Address--------------------------_----__..--._Governor Carl E. Sanders
Administration of Oath of Office to Lieutenant Governor Honorable Carlton Mobley, Associate Justice, Supreme Court
Address------------_----__.,,___------Lieutenant Governor Peter Zack Geer
Benediction.... Reverend J. Robert Smith, First Baptist Church, Statesboro, Georgia
Dissolution of Joint Session--------------..--Lieutenant Governor Peter Zack Geer 4:00 P.M. to 6:00 P.M.
Reception....___________--....All Friends Invited ..._--___.____Executive Mansion 9:00 P.M. to 12:00 P.M.
Inaugural Ball--__________________ All Friends Invited...__._.....Dinkier Plaza Hotel The Old Guard -- Honorary Escort
TUESDAY, JANUARY 15, 1963
127
CONSTITUTIONAL OFFICERS Governor------__----_.------------______.________._.._.._______.Carl E. Sanders Lieutenant Governor-.---._------____.___..----_....__...-________.Peter Zack Geer Speaker of House of Representatives------------_._._._.,,.._.,,__George T. Smith Secretary of State..._--_______--_------._--___._..__--.------.Ben W. Fortson Comptroller General____--. _-----___..--________...._.._... James L. Bentley Attorney General_______.._--.__.____________._--__..________--__Eugene Cook State Treasurer...._._.._________._._.__________________________Jack Ray Superintendent of Schools._......___________________________________----Claude L. Purcell Commissioner of Agriculture.--_.__--_______._____,__..___.____,,_.Phil Campbell Commissioner of Labor.._....--___._____...__________________Ben T. Huiet
Public Service Commissioners
Crawford L. Pilcher Chairman
Alien Chappell William Kimbrough
Walter R. McDonald Ben T. Wiggins
128
JOUENAL OF THE HOUSE,
SUPREME COURT Chief Justice-------- .__._...------------__.._.--____.______----W. H. DuckwortK
Presiding Justice--_---------- ..___________________-____._______T. Grady Head Associate Justice------_--____--_--_--_----__-_--__________.___._.T. S. Candler
Associate Justice--_______ _____________,,____.____________----Bond Almand Associate Justice-------_--.________________-----_.___--_.____.__Carlton Mobley Associate Justice----.------------------------______.___-Joseph D. Quillian Associate Justice-----...------------------------__._.__._....__.Benning M. Grice
COURT OP APPEALS Chief Judge--------_...._-___.__.._.__------------------_......._...__. Jule W. Felton Presiding Judge----_._....__.__________----________._______Ira Carlisle Presiding Judge----------_____--_--______._____._--_--__._._--.___H. E. Nichols Judge--------------_..........___--_____--____....._._...John Sammons Bell Judge------------..-_-__.......__---------_.__.__----__..._-John E. Frankum Judge------------_--....____---_-__...__._-._.__._.....________ Robert H. Jordan Judge---__--------.----__-.-----------------------__-........--..--Robert H. Hall Judge----------------------.--..,,.--__----------__.__...__.....Homer C. Eberhardt Judge----------._....--_--..._.------..----__.--._.__._Robert L. Russell, Jr.
TUESDAY, JANUARY 15, 1963
129
GEORGIA STATE SENATE PETER ZACK GEER, Lieutenant Governor
Frank 0. Downing
Roy Noble
Leroy R. Johnson
William A. Searcey
Hugh M. Gillis
Oby T. Brewer, Sr.
Harris Slotin
Milton A. Carlton
J. M. Salome
Clinton Oliver
J. B. Fuqua
Dan I. Maclntyre, III
John M. Gaynor, III
Milford A. Scott
H. McKinley Conway, Jr.
William A. Zorn
W. A. Knox
Ben F. Johnson
Talmadge McKinnon
Culver Kidd
W. Hugh McWhorter
Robert A. Rowan
William J. Hunt
S. Tom Ellis
Ford B. Spinks
J. Taylor Phillips
Brooks Pennington, Jr.
Glenn Pelham
Robert H. Smalley, Jr. Paul C. Broun
Julian Webb
R. Shaefer Heard
Robert E. Lee, Jr.
A. W. Holloway
Lamar R. Plunkett
Harold Harrison
Martin Young
Albert F. Moore
Erwin Owens
Jimmy Carter A. Perry Gordy Harry C. Jackson Garland T. Byrd Stanley F. Smith, Jr.
Edward S. Kendrick
Zell Miller
Kyle Yancey
Jack Fincher
Charlie Brown
J. Battle Hall
Frank E. Coggin
Joseph E. Loggins
James P. Wesberry, Jr. Charles A. Pannell
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JOURNAL OF THE HOUSE,
GEORGIA HOUSE OF REPRESENTATIVES GEORGE T. SMITH, Speaker
Curtis C. Herndon Waldo Henderson H. Dorsey Deen J. R. Rhodes, Jr. J. Floyd Harrington Philip M. Chandler J. Grover Simons James W. Paris J. R. Cullens William B. Greene A. B. C. Dorminy, Jr. W. D. Knight Denmark Groover, Jr. Mitchel P. House, Jr. William E. Laite, Jr. J. R. Mullis Hoke S. Wilson Henry L. Reaves Jack W. Shuman W. Jones Lane Paul E. Nessmith, Sr. Memory King Tucker Bailey Woodward W. Harvey Jordan J. Nolan Wells Hines L. Brantley J. Ebb Duncan Hayne Waldrop Joe T. Clark Joe B. Tucker H. Ben Rodgers Arthur J. Funk Willis J. Richardson, Jr. Bart E. Shea
Joe N. King James H. Floyd Grady Newton Coker Marion T. Pope, Jr. W. Randall Bedgood, Jr. Chappelle Matthews Henry G. McKemie Edgar Blalock William J. Lee Grover B. Lee E. W. Teague Joe Mack Wilson Robert E. Flournoy, Jr. George J. Williams Henry R. Milhollin Dorsey R. Matthews David L. Newton G. S. Phillips Wilson B. Wilkes Henry N. Payton D. B. Blalock John C. Scarborough, Jr. Howard Rainey Maddox J. Hale Ralph W. Bowen J. Willis Conger R. A. Griffin James A. Mackay Guy W. Rutland, Jr. J. Robin Harris W. S. Stuckey Thomas I. Sangster George D. Busbee Colquitt H. Odom
William S. Lee Alpha A. Fowler, Jr. Leon Hodges Baughman Louis T. Raulerson B. Frank Arnsdorff Dr. A. S. Johnson, Sr. Geo. L. Smith, II G. Ed Perry A. C. Duncan A. Hewlette Harrell Sidney Lowrey J. E. Jordan A. C. Smith C. Patrick Milford Wilson Brooks Jack Etheridge Ralph McClelland B. C. Logan, Sr. W. G. Todd William R. Killian Joe Isenberg Troy Causby Alien P. Roper Handsel Morgan Earl P. Story Richard Russell Smith W. M. Williams Howard T. Overby Marvin E. Moate Thomas B. Murphy William Burton Steis M. Parks Brown Truitt Davis Edward E. McGarity
TUESDAY, JANUARY 15, 1963
131
GEORGIA HOUSE OP REPRESENTATIVES--Continued
David C. Peterson Paul Stalnaker Harry Mixon Mac Barber Roy R. Kelly James L. Conner J. Roy McCracken A. Sid Newton Emory L. Rowland Corbin Carlton Roberts Haygood Keadle Robert C. Pafford D. W. Knight, Jr. William Malcolm Towson H. Goodwin Hall Charles M. Jones Henry F. Partridge J. Tyron Shaw W. J. Gibbons Fred H. Walker Fred C. Jones, Jr. J. Paul Sinclair Edwin C. Poss Eldridge W. Perry Leonard N. Lokey Daniel H. White Render Hill Buck Tabb Frank S. Twitty Harold G. Clarke Joe C. Underwood E. Roy Lambert Gerald H. Leonard Harry Dicus
T. Milton Jones Mac Pickard W. D. Ballard Jack H. Morgan Hubert H. Wells George B. Brooks George Talmadge Bagby D. Warner Wells Will Poole Francis Houston Caleb Powers Watson Nathan D. Dean John Harvey Moore John H. Anderson, Jr. N. Dudley Horton, Jr. Joe J. Hurst Knox Bynum A'Delbert Bowen William M. Fleming, Jr. James M. Hull, Jr. John C. Bell Clarence R. Vaughn, Jr. Marvin E. DeVane H. Walstein Parker J. O. Brackin Arthur K. Bolton Quimby Melton, Jr. J. A. Andrews Sam S. Singer William E. Blair J. W. Sewell Jesse C. Watts Wales T. Flynt H. E. Kirkland
Ralph R. Underwood E. B. Smith, Jr. Ed Fulford James W. Keyton Henry P. Russell, Jr. Henry Banks Alien Warren Frank Branch Ross P. Bowen Dr. John W. Acree J. Wyman Fowler Harry R. Spikes J. Crawford Ware Roy N. Coker Homer L. Chance William T. Meeks Johnnie L. Caldwell Talmage B. Echols Billy Shaw Abney Wayne Snow, Jr. J. T. Byrd W. K. Ponsell Harry D. Dixon Bobby W. Johnson Tom C. Carr James E. Warren J. Lucius Black Mackie Simpson Thomas J. McDonald, Jr. Thomas M. Mitchell Virgil T. Smith Cecil D. Crummey William R. Lindsey E. Brooks Lewis David Campbell Jones
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JOURNAL OF THE HOUSE,
INAUGURAL COMMITTEE
George J. Hearn--------..._....,,____ Adjutant General and Director of Civil Defense Robert R. Richardson....---.. _-.--_._---.------.------_------__------.Chief of Staff D. Douglas Barnard-_.------------.___,,_----_--_..__...__.Executive Secretary Larry D. Lloyd.------_------------------_--------------------.Aide to Governor George T. Smith ----_.____--....,,------.--...Speaker of House of Representatives Ben W. Fortson........___________________----------------_.____...__.__--.Secretary of State J. B. Fuqua--.--.._....._--'----------_----Chairman, Democratic Party of Georgia James L. Gillis, Sr...._----------------------------._Chairman, State Highway Board Harry C. Jackson--.._..------_----------------------_--------.__________...___..Senator D. B. Blalock--._...._....._________.--______--.___--_------------Representative Glenn W. Ellard....--.--...._____.._....._.____...._____.___..Clerk, House of Representatives Col. Harold B. Parker.----_..._.._--Commandant, Old Guard of the Gate City Guard
James Dunlap Walter Dyal Sam J. Gardner, Jr. Judge J. Bowie Gray
Paul Stone
Quimby Melton Robert C. Norman Charles A. Pannell Lonnie Pope
Ladies Committee
Reception and Inaugural Ball
Mrs. Jack Adair Mrs. Henry Perkins Mrs. George Gardner
Mrs. Robert Watt Mrs. William S. Morris Mrs. H. P. Whitehead
TUESDAY, JANUARY 15, 1963
133
Governor Sanders delivered the following address immediately after taking the oath of office from Georgia Associate Supreme Court Justice Joseph D. Quillian:
GOVERNOR VANDIVER, LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, MEMBERS OF THE GENERAL ASSEMBLY, STATE OFFICIALS, HONORED GUESTS AND MY FELLOW GEORGIANS:
My friends, on this solemn occasion I am filled with emotion and gratitude, emotion and gratitude which I find difficult to express.
My innermost thoughts and feelings are:
A simple handclasp with every Georgian;
A thank you;
A full heart;
Fond memories;
Our historic traditions;
Our State motto: "Wisdom, Justice and Moderation";
Those men who have preceded me in discharging this responsibility;
Humility, as I approach the task;
A deep sense of duty.
These are my thoughts. These things I feel.
It is with pride that my Administration succeeds that of a Gov ernor in whose administration I have taken an active part and whose record is exemplary.
This is a new Georgia.
This is a new day.
This is a new era.
A Georgia on the threshold of new greatness.
We are faced with both the greatest challenge and the brightest promise of our history.
As your 74th Governor, it shall be my dedicated purpose to seek workable methods both to meet the challenge and to achieve the promise.
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JOURNAL OF THE HOUSE,
And in so doing, we shall apply as the test of our progress not whether we add to those who have much, but whether we provide larger opportunities for those who have little.
And this we will accomplish during the next four years through:
Better roads and highways than ever before;
More schools and colleges;
A higher quality of education;
More hospitals and better mental health facilities;
New jobs and payrolls;
Higher incomes for our people;
More new and expanded industries;
A better farm and agricultural program;
A strong program for our youth;
Improved welfare administration;
More parks and recreational facilities;
Better port facilities and airports;
New and greater opportunities for all.
The improvement of education will be the first and foremost objec tive of this Administration.
If there is to be a star of the show in the four years of my term of office, it will be the Georgia child.
Georgia has many rich resources, but none of them can begin to match in importance our Georgia children.
The future is in their hands.
Nothing is more important than that we give them the best educa tion which time, knowledge and money can buy.
Our past gains have come only through sacrifice and study. And the gains of the future will be no different.
But we must begin work immediately . . . and we must work with out ceasing ... to achieve quality education geared to future needs.
TUESDAY, JANUARY 15, 1963
135
I ask all of you who share my conviction that education and the fu ture are inseparably related to join me in this effort to insure our State's rightful role in the latter part of this century by inspiring their children to use their minds and develop their capabilities to the highest possible degree.
As we do this, we will become increasingly aware that our State is just now in the spring of her growth.
We must not fail to make the most of the golden opportunity which is ours to build a greater Georgia for present and future generations.
We are now well into the Space Age.
New economic vistas are opened as each barrier of time falls. The lives of every . . . the worker, the farmer, the businessman, the housewife . . . are all affected.
The application of space technology to peaceful uses will provide mankind with perhaps his greatest economic boon since the industrial revolution of the last century. And the recent good news of Georgia's entry into this field marks only the beginning of what our State can expect if we begin now to gear our State's economy to the solid founda tion of a balance between new and expanded industry and a diversified, progressive agriculture.
Tourism, a sleeping giant, will be awakened to make its full con tribution to Georgia's economy. We will promote our beaches and our mountains, our fertile red hills and pine-covered lowlands, our winding rivers and beautiful lakes and our historical sites and modern cities.
And we will make Georgia a vacation paradise for Georgians as well as our welcomed visotads.
Georgia has wonderful natural resources which must be conserved and protected.
Our State's scenic countryside--unparalleled in all the Southland-- will be preserved and protected from wanton and wasteful practices.
To our senior citizens--to whom we owe so much and who expect so little--I pledge my cooperation, my support, my interest, my best and most constructive thoughts to help in making the evening years happy and rewarding ones.
To our cities and counties, I pledge my full cooperation in the strengthening of local government and local determination of purely local affairs.
To all of our people, I pledge responsible State government and determination to handle our affairs without outside interference or intervention.
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JOURNAL OF THE HOUSE,
As we look to the future, we must be ever mindful of the enduring lessons of the past.
The dark days of government for the benefit of the few--at the the expense of the many--when evil men triumphed because good men did nothing, are no more in Georgia.
They never again will be allowed to return so long as I am your Governor.
On that you have my solemn oath!
There can be no co-existence of good and bad government.
I pledge to you that there shall be none during the Sanders Administration!
Honest government demands sacrifice--sacrifice of self-interest and personal advantage.
The Sanders Administration will endeavor in every area of its operations to provide the dedicated leadership which will create such a climate.
And, in so doing, it is my hope to inspire a new and compelling interest in our State government by our younger citizens. Their energy and their idealism are necessary to Georgia's achievement of her high est destiny.
It is a source of great satisfaction to me that the Administration which is being inaugurated today is the product of history's greatest participation by Georgia citizens in the electoral process. I shall con stantly remind myself--and those who serve with me--of the fact, and it shall serve as a continuing inspiration to all of us.
To realize our hopes and achieve our goals, we must have unity among all Georgians.
By unity, I mean teamwork and cooperation.
Teamwork among officials at all levels of government.
Cooperation among citizens of every geographic area and economic segment of our State.
In short: An unqualified belief in one Georgia by all Georgians.
Last year, I told the people of Georgia that I tipped my hat to the past, but took off my coat to the future.
I am not one of those who support change just for the sake of change. Change in government can be dangerous, but to refuse to
TUESDAY, JANUARY 15, 1963
137
change when the world around you is changing is even more dangerous. And I believe, and believe strongly, that change to achieve efficiency, economy and better government is both wise and justified.
We revere the past.
We adhere to the values of respectability and responsibility which constitute our tradition.
We believe in law and order and in the principle that -all laws apply equally to all citizens.
Tomorrow, I shall go before the General Assembly to state in clear and concise terms the legislative program of our Administration. At the same time, I shall set forth a proposed budget and submit an appropriations bill.
During the next four years, the State of Georgia will collect and disburse nearly two billion of your tax dollars.
You may be certain that every dollar will be accounted for and spent wisely for the people's benefit and that those who handle such funds will be dedicated to the principle that a public office is a public trust.
The change in the moral climate of Georgia's government in re cent years has been both amazing and gratifying.
Every employee and official whom I appoint to serve you, the people, will do so first and always as a servant of the public interest.
Those men and women whom I have chosen to work with me in carrying out your mandate have been selected on the basis of their vital dedication to the principles of a sound, businesslike administration.
With them, and with all Georgians, I am reminded of a prophetic stanza:
"There is a destiny that makes us brothers; "None goes his way alone. "All that we send into the lives of others, "Comes back into our own."
Our mandate is good government by competent people.
The recent gains made in State budgeting are impressive and augur well for the future. Much ground still remains to be covered, especially in the field of better personnel recruitment, better personnel utilization and better personnel management.
I wish to assure those efficient public servants who have made their careers in the government of our State that they have nothing to fear from my Administration.
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JOURNAL OP THE HOUSE,
The Sanders Administration will be a working administration.
Everyone on the State payroll will be required to do a full day's work.
My Administration does not now, nor will it ever, subscribe to a vengeful pattern of patronage. Our policy will be to assist and help only those who can best help our State.
My friends, I appeal to all Georgians to close ranks for the good
of all Georgia.
I hold malice toward none and I hope no one holds malice toward me.
I earnestly seek the support, advice and prayers of all Georgians.
You have given me the greatest blessing of faith the people of Georgia can bestow . . . that of being chosen to serve you in our State's highest office of government.
It is a responsibility which I accept with humility and a deep sense of duty.
It is my heartfelt hope that the time capsules of the future will thus record my efforts:
He offered to the people his finest; his worst he kept, his best he gave.
My friends, our future is brighter than ever before.
Together, we shall walk into the bright gardens of tomorrow.
Together, we shall ford all rivers of trial and doubt which may cross our path.
Together, we shall serve others, and in so doing, serve ourselves.
Together, we shall build a Georgia on which we, our children, and our children's children, can look with pride and in the certain knowledge that God smiled upon our humble efforts.
These are my words.
This is my pledge.
TUESDAY, JANUARY 15, 1963
139
Lieutenant-Governor Peter Zack Geer delivered the following address:
GOVERNOR AND MRS. SANDERS, GOVERNOR AND MRS. VANDIVER, SPEAKER SMITH, MEMBERS OF THE GENERAL AS SEMBLY OP GEORGIA, JUDGE QUILLIAN, JUDGE MOBLEY, DISTINGUISHD PLATFORM GUESTS, DISTINGUISHED CON STITUTIONAL OFFICERS, MY FRIENDS AND FELLOW GEOR GIANS:
As I take the oath of office as your Lieutenant Governor, on this auspicious occasion, I do so with great solemnity, with complete hu mility, and with the full knowledge of the high responsibility of the office which has been given to me by the people of Georgia.
During most of the past four years, it has been my privilege to have been part and parcel of an honorable and forward-looking admin istration under the leadership of Governor S. Ernest Vandiver, the cardinal objective of which has been to serve the best interest of the people of Georgia. For my part in that administration, I am proud.
The words, tenor and meaning of the Inaugural Address, here de livered by Governor Sanders, is a great source of gratification to me and I am sure to the members of the General Assembly and to the people of Georgia. I share the views and adhere to the policies today expressed by his Excellency, the Governor, and it shall be my purpose to work in cooperation and partnership with the Chief Executive dur ing the next four years, to afford the people of Georgia a richer, more meaningful and grander destiny.
"All Government of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them" - - - - -
These are the words, contained in the Bill of Rights, of the Con stitution of Georgia, that were so wisely and eloquently laid down by those mental giants of the past, so that the people then, and genera tions to come, could live in peace and prosperity and enjoy the pursuit of happiness. The theory contained in this section of our Georgia Constitution, is the only principle upon which the rights of free men can be preserved and freedom long endure, giving all citizens the op portunity to make progress under God.
As your Lieutenant Governor, I shall always recognize that all Government of right originates with the people and is founded upon their will only.
As the State's second highest Officer, I shall ever be conscious, too, that all Government is instituted solely for the good of the whole.
As a public officer, I shall conduct myself as a trustee and servant of the people, and will always be amenable to them.
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JOURNAL OF THE HOUSE,
It is upon these and other fundamental principles that I assume the oath of office as Lieutenant Governor of the State of Georgia, and embark for the next four years upon a program of progress, prosperity
and happiness for our citizens, undergirded with public morality and responsibility.
As the President of the Senate, let me, my fellow Georgians, once again pledge to you that I shall preside with fairness and impartiality and conduct the business of the Senate in a manner that will reflect dignity and credit upon that august body.
During the next four years, the Legislative processes of the Geor gia Senate will be carried on with order and with the underlying objec tive of doing what is best for Georgia and Georgia people.
Let us remember the enlightening lessons of the past, and cast our thoughts, our energies and our objectives towards the future and once again place the mighty State of Georgia at the pinnacle of the sisterhood of States.
We must meet the challenge of the Sixties--in doing so, these things are all inevitably high on the list:
Industrialization--New jobs and payrolls.
A better education for Georgia youth at the common school, the Junior College and the University level.
Development of the tourist industry, and performing such acts as are necessary to achieve this end.
An increased agricultural and forestry research and development program.
An improved program in physical and mental health.
A better program of welfare, old age assistance, aid to dependent children, the handicapped and the blind.
State youth programs--to build character and body.
An expanded and reformed highway program.
State aid to Georgia Municipalities.
Preservation of States' Rights and Constitutional Government, which inherently pre-supposes the meeting of State responsibilities.
Financial responsibility in State Government, predicated upon care fully planned, well-thought-out, long-range spending policies.
Honorable conduct in State Government--public morality--just plain, old-fashioned honesty and decency.
TUESDAY, JANUARY 15, 1963
141
These, my fellow Georgians, are some of the fundamental proposi tions and considerations that must be dealt with forthrightly, in order for Georgia to move forward at a rapid and desired pace, and upon which to build a great and glorious future.
As your Lieutenant Governor, my talents, my energies, my thoughts, together with the authority and facilities of the office with which I have been gifted, shall be trained in those directions.
Working together, the Governor, the Lieutenant Governor, the General Assembly, all State officials, and the people of Georgia can form a mighty phalanx that will march us on to lofty and majestic accomplishments.
Our potential is unlimited--our future is bright. Let us be on with the business at hand, clinging steadfastly to the epitaph inscribed on the great seal of Georgia--Wisdom, Justice and Moderation--and look ing confidently into the rising sun of tomorrow, we shall have the divine blessing of Almighty God.
Senator Pannell 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.
Under the provisions of HR 10, previously adopted, the House stood ad journed until tomorrow morning at 11:00 o'clock.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, January 16, 1963
The House met pursuant to adjournment at 11:00 o'clock this morning and was called to order by the Speaker.
Prayer was offered by Rev. Robert Baggett, Pastor of the 1st Baptist Church, Newnan, Georgia.
The roll was called and the following members answered to their names:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blaloek of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin
Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger
Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk
Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg
Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Logan Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity Meeks Melton Milford Milhollin Mitchell Mixon
WEDNESDAY, JANUARY 16, 1963
143
Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves
Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story
Stuckey Tabb Teague Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, and Engrossing, Journals, reported that the Journal of yesterday's proceedings 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 resolution was read and adopted:
HR 13. By Messrs. Smith of Grady and Bolton of Spalding: 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 Carl E. Sanders, is hereby invited
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JOURNAL OF THE HOUSE,
to address a joint session of the House and Senate at 12:00 o'clock Noon, January 16, 1963, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House and Senate be held in the Hall of the House of Representatives at 11:45 o'clock A. 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, and five to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.
ON PART OF HOUSE
Roper of Greene Story of Gwinnett Mixon of Irwin Richardson of Chatham Mackay of DeKalb Byrd of Walton Hull of Richmond
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 13. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution calling a joint session of the House and Senate for the purpose of hearing a message from the Governor; and for other pur poses.
The president appointed as a committee of escort on, the part of the Senate the following:
Senators Fuqua of the 22nd, Knox of the 24th, Byrd of the 17th, Gayner of the 5th and Brown of the 34th.
Pursuant to HR 13 adopted by the House and Senate, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from His Excellency, Carl E. Sanders, Governor, and was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
WEDNESDAY, JANUARY 16, 1963
145
Accompanied by the Committee of Escort and other distinguished guests, Governor Sanders appeared upon the floor of the House.
Lieutenant Governor Peter Zack Geer in well-chosen words presented Gov ernor Sanders.
Governor Carl E. Sanders delivered the following address:
(Text of State of the State and Budget Message of Governor Carl E. Sanders, delivered at high noon, Wednesday, January 16, 1963, to the General Assembly of Georgia convened in Joint Session. The Gov ernor's address was broadcast and telecast over a statewide network of Georgia radio and television stations.)
LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, MY FELLOW CITIZENS AND FRIENDS THROUGHOUT ALL OF GEORGIA:
It is with a deep sense of humility, and an awareness of our chal lenge for a better Georgia, that I make this report to you today. It will be our task to consolidate the gains that have been registered, to hold the line on expenditures, and to see that our State moves ahead, steadily and unceasingly, through improved governmental practices.
During the past few years we have seen great changes. Many of you are here for the first time today, and many also were here during the dark times of crisis which faced our beloved State not so long ago.
We came through this period of peril with honor and dignity, and the new Georgia which has emerged stands stronger, taller, more secure in the bright rays of hope and opportunity.
The prospects for our State are brighter than ever.
Gentlemen, I am happy to report to you that--
THE STATE OF OUR GRAND OLD STATE OF GEORGIA IS EXCELLENT!
With Georgia boasting a solvent treasury and a full-time Budget Staff, I am proud to present to you on the third day of your assem blage, for the first time in the history of this State, a really compre hensive, balanced budget for the next two years.
We meet today to proclaim to the world that the Legislative and Executive Departments of this State government are ready to assume their responsibilities, that the General Assembly of Georgia--the peo-
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pie's representatives--has regained its rightful responsibilities over the appropriation of public funds.
My friends, the Legislature of Georgia is once again master in its own house!
Not only that, the two-year budget which I am presenting to you does not call for the enactment of any new or additional taxes!
Down to Business This is a solemn occasion for me, and I know for all of you, when we get down to the real business of launching together a new Georgia State administration.
We enter upon this new partnership with confidence . . . with clear-cut aims and a solid determination to achieve those aims.
What are they?
New jobs.
New industries.
New payrolls.
Increased incomes.
Expanded research.
New capital.
Resource development.
Quality education.
Improved health and welfare.
Better highways.
A people moving.
A people united.
A State on the go. The hopes . . . the prayers . . . the faith of four million people, gentlemen, are with us today, suporting our efforts to reassert Geor gia's pioneering spirit and all its traditional strength and drive.
You and I will work tirelessly and harmoniously to improve the opportunities offered our young people and all Georgians, no matter what their station or condition.
One Georgia In the platform I offered to the people of Georgia during last sum mer's campaign, I said that rural and urban areas have many interests in common and many goals to achieve.
WEDNESDAY, JANUARY 16, 1963
147
I stressed that no part of our State can reach its full potential unless all parts prosper.
I repeat that now!
Stable, responsible, effective State government, serving ALL Geor gia's needs, is my philosophy.
That is what I consider a truly unified, a "one" Georgia, and that will be the program theme of my Administration.
Look to Future
My friends, the question uppermost in the minds of all our people at this hour is what do the coming four years hold?
What will be the policy of the new General Assembly and the new Administration?
CONSOLIDATING OUR GAINS AND MOVING AHEAD!
Now it is up to us to carry out the people's mandate, to translate the brave promises for the future into realities.
Our Own House in Order
While I am speaking of the rights of the people, I want to mention the rights of the State of Georgia.
My friends, these rights have undergone many onslaughts in recent years. No one can tell how far the battle will be pressed, or when it will end.
We all agree, however, that much of this problem has come about only because the states of this nation failed to solve their own problems. This Administration will work to solve our problems and to eliminate the specter of Federal intervention in our State.
My responsibility . . . your responsibility ... is to the people of this State. The people of Georgia have proved their responsibility and their determination to solve their own problems and handle their own affairs.
They have shown time and again that they are law-abiding citizens who recognize their duties to State and country.
We are a responsible government.
This being true--interference or intervention--into the purelyinternal affairs of Georgia--is totally unjustified and will not be tol erated without the strongest protest and every lawful resistance.
The New Budget
For those of us who have served in previous General Assemblies, this is a day to which we have long looked forward--a day when we
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would receive at the beginning of our Session a comprehensive, detailed budget and an appropriations bill.
I now take pleasure in presenting to the Lieutenant Governor and to the Speaker, copies of the following documents:
1. A draft of my Budget Message.
2. A summary of State appropriations and estimates.
3. Comparative charts showing how expenditures are divided by function.
4. And a detailed budget covering all aspects of the general gov ernment, department by department, agency by agency, calling for the expenditure of nearly one BILLION dollars over the biennium.
Hold the Line
During the coming fiscal year 1963-64, the budget calls for an expenditure of $465,000,000 and during the fiscal year 1964-65, for $489,000,000.
It is my considered judgment and that of the budget authorities, after careful study, that this budget can be financed provided estimated income and surpluses materialize. I would point out to you that this is predicated upon an estimated amount of $18,000,000 expected to accrue to the State by certain changes in collection procedures, and by placing corporations on a withholding basis similar to that now provided for individuals.
Let me emphasize that we must hold expenditures to the recom mended maximums for each fiscal year. We must firmly resist unrea sonable demands for spending money which we don't have and couldn't expect to have under any kind of tax structure.
Briefly, here are some of the highlights of the new budget:
Common Schools Education has the number one priority.
The budget provides for--
A $300 teacher raise; $100 for the first fiscal year of the biennium, and an additional $200 for the second year. That is in addition to the $200 raise granted four months ago, the cost of which is also in this budget. This is an increase of $500 across the board in a period of 22 months.
In our proposed budget, the State of Georgia is providing for--1275 new teachers.
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149
175 additional teachers for exceptional children.
$2,000,000 to open and begin operation of a statewide system of area trade schools.
$200,000 to begin operation of two new educational television sta tions.
There are also funds to finance amortization of $25,000,000 in new school construction to provide classrooms for rapidly-growing areas.
University System
For the University System, the appropriation bill provides an addi tional $4,330,000 dollars in the first year of the biennium, and a further increase of $3,300,000 dollars in the second year.
This will provide:
Funds to open new buildings costing $13,000,000 now being com pleted on the campuses of the colleges of Georgia.
Additional teaching staff necessary to accommodate 4,100 new col lege students during the period.
Faculty salary increases comparable to those provided for teachers in the common schools.
Funds to finance $16 million dollars in new classrooms, laboratories and other facilities.
Added money for the Eugene Talmadge Memorial Hospital.
A new plant for Armstrong College at Savannah, with plans for its future development as a four-year institution.
Expansion at Augusta College, making it a four-year institution.
Support for a new junior college at Brunswick.
Community Colleges
I have long been an advocate of the community four-year and junior college program.
Under the appropriations contained in the new budget, and through the Board of Regents, I am told that funds can be made available for operating three new junior colleges--two in northwest Georgia and one in southwest Georgia--and that there are communities in these areas which can now provide the local capital for these new institu tions. We will expand this program into other areas of the State just
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as soon as determination can be made as to their ability to support a community college program.
Every boy and girl in Georgia, no matter how rich or poor, should have the opportunity of a college education and it is my intention to make this possible.
Teacher Retirement
In the budget, you will find an increased appropriation for the State Teacher Retirement System to match additional teacher contribu tions occasioned by annual salary increases.
Support of Education
May I point out here that aside from the mandatory and auto matic constitutional appropriation to the Highway Department, Edu cation in the budget is receiving 72 per cent of all increases. I think it noteworthy to point out that a summary of State fund appropriations and estimates indicates that in the first year of the biennium, appro priations to education will comprise 56.1 per cent of total expenditures, and in the second year, 56.9 per cent--the highest percentages ever.
Gentlemen, the principal reason why teachers' salaries in Georgia now lag behind the national average by some $1,000 is the inadequacy of local support under the present "1946 model" educational fund formula.
It is amazing that Georgia is seventh in the nation in State sup port of education, but 41st in local support.
In little more than a decade, State funds for education have quad rupled.
But on the local level, they have only doubled.
Local support for education in Georgia is only half enough and until this lack of local support is attacked fundamentally, Georgia can not expect to do the job for her teachers and children which should be done.
I am unwilling to ask you for further vast amounts of new money, other than those suggested in the Budget today, to be pumped into the present antiquated educational formula until you and I have a closer look at how present funds are being spent.
We will do this through a representative commission to study the needs of education at all levels.
Let there be no mistake about it, on the part of anyone.
Let no department or department head suffer any illusion.
When this State committed itself to a modern budgeting system, the day of the unjustified lump-sum appropriations to any department,
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without the Governor and the General Assembly knowing specifically how the money is to be spent, is over and done with in Georgia.
Highways
For highways, the constitutional mandate is being carried out-- a total increase of $5,480,000 during the two fiscal years, including the sum of $1,000,000 in each year for grants to cities and towns to assist them in the construction and upkeep of their streets.
Agriculture
Also provided in the new budget is more than ten million dollars for the biennium to carry forward the greatly expanded agricultural programs introduced in fiscal 1962. Support is provided for the Com missioner's office, farm information services, marketing, laboratories, inspection, seed and plant control, livestock disease control, entomology, farmers' markets and the Georgia Milk Commission.
Mental Health
In the vital field of mental health, an increase of $9,703,000 is budgeted for the next two years.
These funds will go to Milledgeville State Hospital, Gracewood State School and Hospital, and the State Mental Health Center.
Youth Department
To staff a new Department of Youth, we have included $150,000 for the first year of the biennium and $300,000 for the second year of the biennium.
Other Items
Funds are also included to:
Strengthen the Highway Patrol and Drivers' License Program.
Reorganize and modernize the Revenue Department.
Meet the interest costs of private loans to counties for property revaluation programs.
Improve working hours and the compensation of employees in our prison system, and provide for better sanitation and some psychiatric services in our prisons.
Institute closer and stricter Parole and Probation supervision sys tems.
Expand operations of the new State Board of Industry and Trade to more effectively promote new and expanded industry and tourism by providing a million-dollar-per-year program in this field.
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Continue construction of hospitals and hospital additions through out the State.
Continue the development of Stone Mountain and Jekyll Island.
Open and operate a new State Archives Building.
Legislative Program
The Appropriations Bill, of course, is the first item in the Adminis tration's legislative program.
Although time does not permit a detailed explanation of every item, my major proposals are:
CONSTITUTIONAL REVISION--Since the Session this year will adjourn in order to allow study of the Appropriations Bill, I ask the Lieutenant Governor and the Speaker to name a joint committee from the House and Senate to study and advise with me between now and the time you reconvene on the advisability of creating a representative constitutional revision commission to revise and to present to the Gen eral Assembly for submission to the people of Georgia, a proposed new Constitution.
I suggest this because the present Georgia Constitution has been amended a total of 381 times since it was adopted in 1945. It has become a disjointed document, more in the nature of a local code than a State Constitution. In 1962 alone, we voted on 109 amendments. The General Election ballot often has the appearance of a bedsheet, frustrating the true expression of the people.
HIGHWAY REFORM--A bill, to become effective immediately, to create a 10-member State Highway Board and a director; a constitu tional amendment to place this reform in the organic law. Their pur pose--to take the highway department out of politics, to assure a plan ned long-range State system of well-maintained rural roads, a main highways, through streets, and interstate routes. It will be my recom mendation that as one of its first tasks, the new Highway Board com plete a study of total highway needs for the next twenty-five years.
STRUCTURAL REORGANIZATION--A resolution to create a Governor's Commission for Efficiency and Improvement of Govern mental Operations. A companion bill authorizing the Governor to effect consolidation of functions and agencies of the State government, within constitutional limitations, subject to the ratification or rejection of the next sitting General Assembly.
EDUCATIONAL ADMINISTRATION AND FINANCE--A reso lution to create a Commission to Improve Education in Georgia, to study and report on the needs of Georgia's common school and higher edu cation programs.
LEGISLATIVE REORGANIZATION--Constitutional amendment: A resolution to strengthen continuity in the Senate by placing Senators on four-year terms.
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153
CORPORATE WITHHOLDING--A bill to extend the phenomenally successful practice of withholding to corporate returns, putting State income on a level flow and minimizing evasion or losses.
INDUSTRIAL EXPANSION--An effective bill to limit the sales or use tax on productive machinery for new industry or expansion of existing industry, where it is related to increased employment.
DEPARTMENT OF YOUTH--A measure creating a Department of Youth.
MOUNTAIN AUTHORITY--A bill to establish a Georgia Moun tains Authority to develop the State's scenic mountain and lake attrac tions.
LOCAL GOVERNMENT COOPERATION--A bill to authorize State departments and agencies to extend service cooperation to county and municipal governments to achieve actuarilly sound pension plans, prudent debt practices and better financial administration. Another bill authorizing the cooperation and granting by the State of incentives to local governments to consolidate services across county lines where studies show the same to be economically feasible, and a bill to end speed traps.
GRANTS TO COUNTIES FOR TAX EQUALIZATION--A bill to provide grants to counties for paying interest on tax equalization loans.
PAYMENT OF TAXES WITH PURCHASE OF TAGS--A reso lution to provide that ad valorem taxes on motor vehicles will be col lected at the time of the purchase of the tags.
COUNTY MERGERS--An amendment to Paragraph IV of Section I of Article XI of the Constitution, which would allow the merger of two or more counties with the concurrence of a majority of the voters in each county affected, instead of the two-thirds as is now required.
Fair Elections Code
Every time we have elections in Georgia, we read of practices that are shocking, and which, if we allow to spread, can serve only in the end to deprive our people of every semblance of representative gov ernment. To correct these injustices, I will propose to you that we re write this year, and present at your next regular Session, a fair Elec tions Code for Georgia.
Crime and Punishment
As Governor, I intend to mobilize all the resources of State gov ernment against the rampant forces of crime and lawlessness. We will strengthen the State's law enforcement arms and cooperate with local enforcement agencies in a battle to eradicate crime from our State. We must establish and operate a police academy. We must also enact legis-
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lation to institute an enlightened and effective program for rehabilita tion of all types of offenders. Particularly, we must do this in regard to juvenile defenders by revising our laws with reference to their trial and punishment.
I hereby place all criminals and criminal elements on notice that Georgia is not going to become a haven or harbor for any type of unlawful activity.
My friends, I extend the hand of friendship and cooperation to every member here, and indeed, to every Georgia citizen. With some of you, I have waged political battle, and with others I have been allied. To all, I repeat that I harbor no malice, and I pray that no person harbors malice for me.
Gentlemen, we have an order to fill--
Dynamic, Progressive, honest, economical State government.
I look forward enthusiastically to working with the people of our State--with you--with every constructive group in marshaling our God-given resources and bringing into the fore our best talent, our best brainpower, our best abilities, to carry Georgia to the summit of esteem and recognition in our nation.
Together, we shall make a growing Georgia, a going Georgia.
Senator Jackson of the 16th moved that the Joint Session of the General Assembly be 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. Bolton of Spalding moved that the House do now adjourn until tomorrow morning at 10:30 o'clock and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:30 o'clock.
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155
Representative Hall, Atlanta, Georgia Thursday, January 17, 1963
The House met pursuant to adjournment at 10:30 o'clock this morning and was called to order by the Speaker.
Prayer was offered by Rev. Robert Baggett, Pastor of the 1st Baptist Church, Newnan, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, and Engrossing Journals, reported that the Journal of yesterday's proceedings 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 were read and adopted:
HR 22. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
WHEREAS, our great Democratic Party of Georgia is sponsoring a Jefferson-Jackson Day Dinner on Tuesday, January 22, 1963 at the Biltmore Hotel in Atlanta; and
WHEREAS, this Dinner is being given by the Party in honor of our great new Governor, the Honorable Carl E. Sanders, and our great former Governor, the Honorable S. Ernest Vandiver, and paying tribute to our fine United States Senators, the Honorable Richard B. Russell and the Honorable Herman E. Talmadge; and
WHEREAS, it is expected that this will be the largest gathering of Georgians ever to assemble to pay tribute to our above-mentioned native sons and tribute to our great Democratic Party;
WHEREAS, space for this gala affair is becoming limited;
NOW THEREFORE BE IT RESOLVED that this House go on record as commending our great Georgia Democratic Party for sponsor ing this affair; and
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BE IT FURTHER RESOLVED that all Democrats who have not done so obtain their tickets from the Jefferson-Jackson Day headquarters in the Biltmore Hotel or from the Secretary of the Democratic Party (and/or Senate) or the Clerk of the House of Representatives.
HR 23. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Expressing appreciation for the open house at Athens, 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-Georgia Tech Football Game on December 1, 1962; and
WHEREAS, the hosts on this occasion were Honorable Chappelle Matthews and Honorable Julian Cox, Representatives from Clarke County, Dr. O. C. Aderhold, President, University of Georgia, and the City of Athens; and
WHEREAS, the fellowship and the luncheon were thoroughly en joyed 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 officials of the City of Athens, the officials 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 here by instructed to transmit a suitable copy of this Resolution to each of the above.
HR 24. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Expressing appreciation to the officials of the Georgia Institute of Technology; and for other purposes.
WHEREAS, the members of the General Assembly were guests of the Georgia Institute of Technology for a most delightful luncheon, tour of the Campus, and the Georgia Tech-Tulane Football Game on October 27, 1962; and
WHEREAS, the hosts on this occasion were Dr. Edwin D. Harrison, President, and other officials of Georgia Tech; and
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157
WHEREAS, the occasion was thoroughly enjoyed by all who at tended and President Harrison and the officials are to be commended for the progress made by this great educational institution;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body hereby ex press sincere appreciation to Dr. Edwin D. Harrison and the other officials of the Georgia Institute of Technology for the most delightful luncheon, tour and football game.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Dr. Harrison and the other officials of Georgia Tech.
HR 25. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Expressing appreciation for the Institute for Legislators; and for other purposes.
WHEREAS, the third Institute for Legislators was held at the State Capitol in Atlanta, Georgia on December 16-18, 1962; and
WHEREAS, the Institute was highly successful and all the SenatorsElect and Representatives-Elect who attended will be 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, many hours of difficult work were necessary in order that the Institute achieve this noteworthy success;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby express their deepest appreciation to Dr. 0. C. Aderhold, President, University of Georgia, Dean J. Alton Hosch, University of Georgia Law School, Dr. M. W. H. Collins, Director, Institute of Law and Government, Dr. Hugh Masters, Director, Georgia Center for Continuing Education, Mr. Ted L. Hammock, Institute of Law and Government, to the members of the Program Committee, to all those who appeared on the program, and to all others who were instrumental in the success of the third Institute for Legislators.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a suitable copy of this Resolution to each of the aforesaid persons.
HR 26. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Expressing appreciation for the dinner during the Institute for Legislators; and for other purposes.
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WHEREAS, on Monday evening, December 17, 1962, the members of the General Assembly attending the Institute for Legislators in Atlanta were entertained at a most delightful social hour and dinner sponsored by the Georgia Motor Trucking Association; and
WHEREAS, it was a most successful affair and was thoroughly enjoyed by all those in attendance;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body hereby ex press their sincerest appreciation to the Georgia Motor Trucking Asso ciation for the aforesaid social hour and dinner, and particular appre ciation is hereby expressed to Mr. Winton Teagle, President of the Association, and to Mr. Clinton L. Sanders, President of the American Motor Trucking Association, for their kind hospitality.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. Winton Teagle and Mr. Clinton L. Sanders.
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.
By unanimous consent, the following Bills and Resolutions of the House were read the first time, and referred to the Committees:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Bill to be entitled an Act to reorganize the State Highway Board, and for other purposes.
Referred to the Commitee on State of Republic.
HB 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend the Current Income Tax Payment Act of 1960; to provide for the filing of declarations of estimated in come tax by certain corporations; and for other purposes.
Referred to the Committee on Ways and Means.
HB 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to repeal an Act, defining "Machinery for new and expanded industry or agriculture", and for other purposes.
Referred to the Committee on Ways and Means.
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159
HB 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt the sale of machinery which is used in establishing new, or expanding the produc tive capacity of existing plants, and for other purposes.
Referred to the Committee on Ways and Means.
HB 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland and Mackay of DeKalb, Busbee of Dougherty, Andrews of Stephens and Steis of Harris:
A Bill to be entitled an Act creating the Georgia Department for Youth, and for other purposes.
Referred to the Committee on State of Republic.
HB 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to be known as the "Disposition of Unclaimed Property Act"; to provide for presumptions of abandonment of property or funds held by banking and financial organizations, and for other purposes.
Referred to the Committee on Ways and Means.
HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris, Hale of Dade, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A Bill to be entitled an Act to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equalization pro grams for ad valorem tax purposes; to remove the millage limits pro scribed in Code Sections 92-3702 and 92-3706; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 8. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act, so as to increase the amount for which revenue bonds may be issued; and for other purposes.
Referred to the Committee on State of Republic.
HB 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955, so as to provide that the
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Governor's personal staff shall consist of one chief of aides-de-camp, with the rank of brigadier general; to change the eligibility requirement for the Assistant Adjutants General; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HR 14-9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution proposing an amendment to the Constitution by adding a new Section creating the State Highway Board; to provide for the elec tion qualification and tenure of members; to provide for appointment by the Board of a Director of the State Highway Dept., and for other purposes.
By unanimous consent, HR 14-9 was withdrawn from further consideration of the House.
HR 15-9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify, approve, and confirm the executive order of the Governor, dated February 26, 1962, 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 until the next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.
HR 16-9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify, approve, and confirm the executive order of the Governor, dated September 25, 1962, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the purchases of tangible personal property and services for educational purposes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 10. By Mr. Walker of Lowndes:
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 for vehicles; and for other purposes.
Referred to the Committee on Highways.
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161
HB 11. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Chattooga County on a salary in lieu of the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 12. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act placing the ordinary of Chattooga County on a salary in lieu of the fee system, so as to increase authorization for clerical expenditures; and for other purposes.
Referred to the Committee on Local Affairs.
HB 13. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to place the Tax Collector of Chattooga County on an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 14. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to place the Tax Receiver of Chattooga County on a salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 15. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to place the Sheriff of Chattooga County on the salary system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 16. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to increase the compensation of the Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HR 17-16. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Dade and Steis of Harris:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to enact legisla tion treating any and all motor vehicles including trailers, as a sepa rate class from other classes of tangible property for ad valorem tax purposes.
Referred to the Committee on Ways and Means.
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HR 18-16. By Mr. Fowler of Douglas:
A Resolution to compensate W. H. Nicholson (Highway Dept.) and for other purposes.
Referred to the Committee on Appropriations.
HB 17. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Voters' Registration Act", so as to provide that county registrars appointed by county authorities shall retain their civil service status; and for other purposes.
Referred to the Committee on Judiciary.
HB 18. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, in order to provide for the procedure and practice in garnishments, in issuing executions from said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 19. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the incorpora tion of the City of Moultrie, so as to change the millage rate on all taxable property for school purposes; and for other purposes.
Referred to the Committee on Local Affairs.
HB 20. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend the Charter of the City of Woodstock; to permit sale of water outside the city limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 21. By Messrs. Coker and Pope of Cherokee:
A Bill to be entitled an Act to increase the corporate limits of the City of Canton; and for other purposes.
Referred to the Committee on Local Affairs.
HB 22. By Messrs. Coker and Pope of Cherokee:
A Bill to be entitled an Act to increase the corporate limits of the City of Canton; to provide a referendum; and for other purposes.
Referred to the Committee on Local Affairs.
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163
HB 23. By Mr. Sinclair of Macon:
A Bill to be entitled an Act to change the charter of the City of Montezuma; and for other purposes.
Referred to the Committee on Local Affairs.
HR 19-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Resolution proposing an amendment to the Constitution by adding thereto a new Section creating the State Highway Board; to provide for the election, qualifications and tenure of members; and for other purposes.
Referred to the Committee on State of Republic.
HR 20-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A Resolution proposing an amendment to the Constitution so as to pre scribe more democratic provisions for the merger, consolidation and division of counties; to provide for a referendum; and for other purposes.
Referred to the Committee on State of Republic.
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution creating the "Governor's Commission To Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.
Referred to the Committee on State of Republic.
HB 24. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act creating in each county, city and town an Industrial Development Authority; and for other purposes.
Referred to the Committee on State of Republic.
The Speaker announced the following Committee assignments:
AGRICULTURE COMMITTEE
Newton of Colquitt, Chairman Lowrey, Vice-Chairman Milhollin, Secretary
Anderson
Arnsdorff Black Bowen of Dawson Bowen of Toombs
164
JOURNAL OF THE HOUSE,
Brackin Brantley Byrd Causby Clark of Catoosa Crummey Deen of Bacon Dorminy Duncan of Pannin Flynt Fowler of Douglas
Fowler of Treutlen Hall Henderson Herndon Hurst Johnson of Warren
Jordan of Calhoun Lindsey
McKemie Mixon Morgan of Newton Mullis Nessmith Newton of Jenkins Parker Perry of Evans Peterson Ponsell Eaulerson
Reaves Rhodes Russell Sewell Smith of Forsyth Smith of Telfair
Todd Wells of Oconee
AGRICULTURE SUB-COMMITTEES
GENERAL AGRICULTURAL MATTERS
Arnsdorff, Chairman Hall, Vice-Chairman Brantley, Secretary
Byrd Peterson
Black, Chairman Brackin, Vice-Chairman Hurst, Secretary
MILK & MILK CONTROL
Causby Parker Ponsell
MARKETS & MARKETING
Newton of Jenkins, Chairman Johnson of Warren, Vice-Chairman Morgan, Secretary
Dorminy Henderson Jordan of Calhoun
AGRICULTURAL CHEMISTRY & ENTOMOLOGY
Bowen of Toombs, Chairman Fowler of Treutlen, Vice-Chairman McKemie, Secretary
Mixon Sewell Smith of Telfair
Deen of Bacon, Chairman Mullis, Vice-Chaairman Herndon, Secretary
Lindsey
LIVESTOCK MATTERS
Millhollin Reaves Russell
THURSDAY, JANUARY 17, 1963
165
POULTRY MATTERS
Fowler of Douglas, Chairman Anderson, Vice-Chairman Bowen of Dawson, Secretary
Nessmith Perry of Evans Smith of Forsyth
APPROPRIATIONS COMMITTEE
Blalock of Coweta, Chairman Wilkes, Vice-Chairman Simpson, Secretary
Andrews Barber Bedgood Blair Bowen of Randolph Bowen of Toombs Branch Brown Carr Chandler Duncan of Carroll Floyd Fowler of Douglas Fulford Greene Groover Hill Horton Isenberg Jones of Worth
Kelly Kirkland Lane McClelland McDonald Melton Newton of Jenkins Newton of Colquitt Odom Parker Perry of Marion Perry of Evans Phillips Richardson Roper Sangster Simmons Sinclair Story Underwood of Montgomery Waldrop Walker Ware
APPROPRIATIONS SUB-COMMITTEES
AGRICULTURE, PARKS & PUBLIC WORKS
Fowler of Douglas, Chairman Kirkland, Vice-Chairman Fulford, Secretary
Bowen of Toombs Newton of Colquitt
DEPARTMENT OF REVENUE
Waldrop, Chairman Groover, Vice-Chairman Greene, Secretary
Blair Chandler Floyd
Sinclair, Chairman Parker, Vice-Chairman Brown, Secretary
EDUCATION
Andrews Perry of Marion Story
166
JOURNAL OF THE HOUSE,
HEALTH, WELFARE & RELATED AGENCIES
Duncan of Carroll, Chairman Jones of Worth, Vice-Chairman Roper, Secretary
Barber Phillips
HIGHWAY DEPARTMENT & RELATED AGENCIES
Odom, Chairman Underwood of Montgomery,
Vice-Chairman Perry of Evans, Secretary
Carr Groover Melton Newton of Jenkins
LABOR, DEFENSE & PUBLIC SAFETY
Kelly, Chairman Horton, Vice-Chairman McDonald, Secretary
Hill Sangster
LAW, LEGISLATIVE & REGULATORY AGENCIES
Walker, Chairman Lane, Vice-Chairman Ware, Secretary
Bowen of Randolph Richardson
AUDITING, ENROLLING, ENGROSSING & JOURNALS COMMITTEE
Clarke of Monroe, Chairman Black, Vice-Chairman Rowland, Secretary
Abney
Brooks of Oglethorpe
Conger Hall Perry of Marion Pickard
Watts
BANKS & BANKING COMMITTEE
Mackay, Chairman Payton, Vice-Chairman Perry of Evans, Secretary
Bagby Blalock of Clayton Brantley Chance Coker of Cherokee Conger Conner Dicus Harris
Hull Jones of Worth Knight of Laurens Laite Moate Murphy Pafford Smith of Telfair Spikes Tucker Underwood of Taylor
THURSDAY, JANUARY 17, 1963
167
BANKS & BANKING SUB-COMMITTEES
GENERAL BANKING
Murphy, Chairman Knight of Laurens, Vice-Chairman Conger, Secretary
Hull Smith of Telfair Tucker
Bagby, Chairman Pafford, Vice-Chairman Laite, Secretary
Conner
INDUSTRIAL LOANS
Dicus Harris Moate
DEFENSE & VETERANS AFFAIRS COMMITTEE
Steis, Chairman Fowler of Douglas, Vice-Chairman Knight of Laurens, Secretary
Andrews Davis Dean of Polk Duncan of Fannin Floyd Fowler of Douglas Harrell
House Houston Leonard Morgan of Gwinnett Overby Russell Smith of Forsyth Underwood of Taylor Watson
DEFENSE & VETERANS AFFAIRS SUB-COMMITTEES
MILITARY AFFAIRS
Harrell, Chairman Smith of Forsyth, Vice-Chairman Russell, Secretary
Davis Morgan
CIVIL DEFENSE AFFAIRS
Andrews, Chairman Watson, Vice-Chairman Leonard, Secretary
Underwood of Taylor
Floyd, Chairman House, Vice-Chairman Overby, Secretary
VETERANS AFFAIRS
Duncan of Fannin Knight of Laurens
168
JOURNAL OF THE HOUSE,
EDUCATION COMMITTEE
Melton, Chairman Parker, Vice-Chairman Story, Secretary
Acree Alien Arnsdorff Barber Black Brackin Byrd Chandler Conner Cullens DeVane
Duncan of Carroll Etheridge Punk Greene Griffin
Harris
Jones of Lumpkin Jones of Muscogee Keadle
Keyton Knight of Berrien Lee of Clinch Lee of Clayton Lowrey McGarity Moore Mullis Pafford Peterson Rainey
Sinclair Spikes Watts Williams of Coffee
Wilson of Cobb
EDUCATION SUB-COMMITTEES
AUTHORITIES & RETIREMENT SYSTEM
Barber, Chairman Spikes, Vice-Chairman
Sinclair, Secretary
Conner Duncan of Carroll
Story, Chairman Harris, Vice-Chairman Byrd, Secretary
COMMON SCHOOLS
Etheridge Jones of Lumpkin Lowrey
SCHOOL BUILDINGS & SUPPLIES
Funk, Chairman Lee of Clayton, Vice-Chairman Watts, Secretary
Griffin Peterson
Keadle, Chairman Keyton, Vice-Chairman Alien, Secretary
TRANSPORTATION
Acree DeVane Knight of Berrien
VOCATIONAL EDUCATION
Moore, Chairman Williams of Coffee, Vice-Chairman Lee of Clinch, Secretary
Pafford
THURSDAY, JANUARY 17, 1963
169
HIGHWAY COMMITTEE
Ballard, Chairman Branch, Vice-Chairman Funk, Secretary
Baugman Blalock of Coweta Bowen of Randolph Bynum Clarke of Monroe Coker of Turner Dean of Polk Dixon Fulford Gibbons Henderson House Johnson of Warren Jones of Liberty
Jordan of Floyd Lee of Clinch Matthews of Colquitt Mitchell Mixon Morgan of Newton Nessmith Poole Pope Russell Shea Simpson Stalnaker Stuckey Teague Watson
HIGHWAY SUB-COMMITTEES
Mixon, Chairman Fulford, Vice-Chairman Dixon, Secretary
HIGHWAY AUTHORITIES
House Lee of Clinch
HIGHWAY MAINTENANCE SHOP & FACILITIES
Teague, Chairman Dean of Polk, Vice-Chairman Coker of Turner, Secretary
Russell
INTERSTATE HIGHWAY SYSTEM
Blalock of Coweta, Chairman Mitchell, Vice-Chairman Jordan of Floyd, Secretary
Clarke of Monroe
Bynum, Chairman Pope, Vice-Chairman Baughman, Secretary
STATE HIGHWAY SYSTEM
Poole Stalnaker
HYGIENE & SANITATION COMMITTEE
Murphy, Chairman Woodward, Vice-Chairman Greene, Secretary
Abney Acree Byrd
170
JOURNAL OP THE HOUSE,
Causby Chance Coker of Cherokee Harris Herndon Johnson of Elbert Jones of Muscogee Keyton Logan Lowrey
McGarity McKemie Overby Reaves Roberts Underwood of Taylor Williams of Coffee Wilson of Cobb Woodward
HYGIENE & SANITATION SUB-COMMITTEES
GENERAL HEALTH
Lowrey, Chairman Underwood of Taylor, Vice-Chairman Reaves, Secretary
Abney Keyton
PROFESSIONS RELATING TO HYGIENE & SANITATION
Chance, Chairman Overby, Vice-Chairman Wilson of Cobb, Secretary
Herndon McKemie
PURE FOODS & DRUGS
Acree, Chairman Coker of Cherokee, Vice-Chairman Roberts, Secretary
Logan
NURSING HOMES & HOMES FOR AGED
Woodward, Chairman Jones of Muscogee, Vice-Chairman Williams of Coffee, Secretary
McGarity
INDUSTRIAL RELATIONS COMMITTEE
Lee of Clayton, Chairman Hill, Vice-Chairman Bagby, Secretary
Caldwell Cullens Dean of Polk Funk Hale Knight of Berrien Lambert Lane McCracken
Pickard Rowland Scarborough Shuman Simmons Singer Spikes Stuckey Tucker of Burke Towson Twitty
THURSDAY, JANUARY 17, 1963
171
INDUSTRIAL RELATIONS SUB-COMMITTEES
EMPLOYMENT SERVICES
Stuckey, Chairman Rowland, Vice-Chairman Tucker of Burke, Secretary
Punk Spikes
GENERAL LABOR AFFAIRS
Hale, Chairman Knight of Berrien, Vice-Chairman Caldwell, Secretary
Dean of Polk Lane Simmons
WORKMENS COMPENSATION
Twitty, Chairman Pickard, Vice-Chairman Shuman, Secretary
Bagby Cullens
INDUSTRY COMMITTEE
Twitty, Chairman Horton, Vice-Chairman
Groover, Secretary
Clark of Catoosa Deen of Bacon Gibbons Harrell
Harrington Isenberg
Jordan of Floyd Kirkland Laite Lee of Clinch
Matthews of Colquitt McClelland
Mullis Pickard
Rodgers
Roper Sewell Shea Smith of Emanuel
Snow Stalnaker
Story Warren Wells of Camden Woodward
INDUSTRY SUB-COMMITTEES
INDUSTRIAL DEVELOPMENT
Smith of Emanuel, Chairman Gibbons, Vice-Chairman Sewell, Secretary
Isenberg
Laite Mullis Roper
INDUSTRIAL INFORMATION & COORDINATION
McClelland, Chairman Clark of Catoosa, Vice-Chairman Woodward, Secretary
Deen of Bacon Warren Wells of Camden
172
JOURNAL OF THE HOUSE,
TOURIST RELATIONS
Shea, Chairman Harrington, Vice-Chairman Snow, Secretary
Jordan of Floyd Matthews of Colquitt Pickard
INSURANCE COMMITTEE
Conner, Chairman Jones of Worth, Vice-Chairman Bowen of Randolph, Secretary
Brantley Dicus
Echols Hurst Lee of Dougherty Leonard
Lindsey McCracken Pafford Poss Singer
Smith of Whitfield Todd Wilkes
INSURANCE SUB-COMMITTEES
FIRE, CASUALTY & ALLIED LINES
Smith of Whitfield, Chairman Lee of Dougherty, Vice-Chairman Lindsey, Secretary
Hurst Jones of Worth
HEALTH, LIFE & ACCIDENT
Wilkes, Chairman Singer, Vice-Chairman Leonard, Secretary
McCracken
SURETY & TITLE
Bowen of Randolph, Chairman Poss, Vice-Chairman Todd, Secretary
Pafford
INTERSTATE COOPERATION COMMITTEE
Smith of Emanuel, Chairman Phillips, Vice-Chairman Andrews, Secretary
Sinclair Jordan of Calhoun
JUDICIARY COMMITTEE
Busbee, Chairman Hull, Vice-Chairman Wells of Peach, Secretary
Bynum Clarke of Monroe Conger
THURSDAY, JANUARY 17, 1963
173
Etheridge Flournoy Gibbons Hale House Jones of Liberty Killian Lambert Lee of Dougherty
Mackay McClelland McCracken Mixon Overby Snow Tucker of Catoosa Walker White
JUDICIARY SUB-COMMITTEES
GENERAL LAW & PROCEDURE
Jones of Liberty, Chairman Flournoy, Vice-Chairman Etheridge, Secretary
Conger House
LAW ENFORCEMENT
McCracken, Chairman White, Vice-Chairman Tucker of Catoosa, Secretary
Bynum Snow
PARDONS & PAROLES
Wells of Peach, Chairman Lambert, Vice-Chairman Killian, Secretary
Clarke of Monroe Hale
TRUSTS & ESTATES
Walker, Chairman McClelland, Vice-Chairman Lee of Dougherty, Secretary
Mackay
LOCAL AFFAIRS COMMITTEE
Hale, Chairman Etheridge, Vice-Chairman Tucker of Catoosa, Secretary
Cullens Davis Griffin Killian King
Meeks Milford Morgan of Newton Partridge Ponsell Smith of Forsyth Tabb
MOTOR VEHICLES COMMITTEE
Williams of Hall, Chairman Teague, Vice-Chairman Jones of Lumpkin, Secretary
Anderson Baugman Blalock of Clayton
174
JOURNAL OF THE HOUSE,
Caldwell Clark of Catoosa DeVane Flynt Harrell Horton Johnson of Warren Lewis Matthews of Clarke
McDonald Poole Roberts Shuman Smith of Emanuel Tabb Tucker of Catoosa Twitty Wilson of Brantley
MOTOR VEHICLE SUB-COMMITTEES
MOTOR CARRIERS
Poole, Chairman Flynt, Vice-Chairman Johnson of Warren, Secretary
Clark of Catoosa Twitty Wilson of Brantley
TITLE & LICENSE AFFAIRS
McDonald, Chairman Jones of Lumpkin, Vice-Chairman DeVane, Secretary
Anderson Lewis Tucker of Catoosa
TRAFFIC & SAFETY CONTROL
Matthews of Clarke, Chairman Tabb, Vice-Chairman Harrell, Secretary
Horton
NATURAL RESOURCES COMMITTEE
Dorminy, Chairman Simmons, Vice-Chairman Kelly, Secretary
Acree Alien Arnsdorff Bagby Bowen of Dawson Bowen of Toombs Brackin Brown Bynum Coker of Cherokee Crummey Deen of Bacon Dixon Henderson Houston Johnson of Elbert
Killian King Knight of Laurens Knight of Berrien Leonard Lewis Lokey McDonald Meeks Milhollin Moore Payton Perry of Marion Poole Poss Rainey Raulerson Reaves Rodgers
THURSDAY, JANUARY 17, 1963
175
Roper Sewell Shaw Shuman Simp son Singer Smith of Telfair
Teague Wells of Oconee Wells of Camden White Williams of Hall Woodward
NATURAL RESOURCES SUB-COMMITTEES
FORESTRY & SOIL CONSERVATION
Shuman, Chairman Wells of Oconee, Vice-Chairman Houston, Secretary
Bowen of Dawson Kelly Rainey
Bagby, Chairman Henderson, Vice-Chairman Arnsdorff, Secretary
Milhollin, Chairman Lokey, Vice-Chairman Shaw, Secretary
GAME & PISH
Brackin Johnson of Elbert Meeks
GAS & OIL
Coker of Cherokee Rodgers Williams of Hall
GEOLOGY, MINES & MINERALS
Roper, Chairman Payton, Vice-Chairman Simmons, Secretary
Crummey King Raulerson
WATER SUPPLY & RIPARIAN RIGHTS
Moore, Chairman Simpson, Vice-Chairman Smith of Telfair, Secretary
Killian Poss Singer
Mr. Speaker, Chairman Bolton, Vice-Chairman Richardson, Secretary
Brooks of Fulton Fulford Hill Hull Isenberg Jones of Liberty
RULES COMMITTEE
Lambert Melton Phillips Rutland Underwood of Montgomery Vaughn Waldrop Ware
176
JOURNAL OF THE HOUSE,
RULES SUB-COMMITTEES
PRIVILEGE RESOLUTIONS
Hill, Chairman Underwood of Montgomery,
Vice-Chairman Isenberg, Secretary
Lambert
RULE CHANGES
Brooks of Pulton, Chairman Jones of Liberty, Vice-Chairman Hull, Secretary
Phillips Waldrop
SPECIAL JUDICIARY COMMITTEE
Brooks of Fulton, Chairman Vaughn, Vice-Chairman Fleming, Secretary
Bell Caldwell Carr Groover
Houston Pope Rhodes Rutland Scarborough Steis Towson
SPECIAL JUDICIARY SUB-COMMITTEES
Pope, Chairman Bell, Vice-Chairman Houston, Secretary
CODE REVISION
Caldwell Groover
CONSTITUTIONAL AMENDMENTS
Fleming, Chairman Towson, Vice-Chairman Rhodes, Secretary
Scarborough Steis
ENQUIRY & INVESTIGATION
Rutland, Chairman Vaughn, Vice-Chairman Carr, Secretary
STATE INSTITUTIONS & PROPERTY COMMITTEE
Branch, Chairman Chandler, Vice-Chairman Rainey, Secretary
Bell Bolton Brooks of Oglethorpe
THURSDAY, JANUARY 17, 1963
177
Brown Coker of Turner Crummey Duncan of Fannin Echols Flynt Hall Harrington Johnson of Elbert Jones of Muscogee Keadle Kirkland Lewis Lokey Matthews of Clarke Morgan of Gwinnett Murphy
Nessmith Odom Paris Ponsell Richardson Roberts Rowland Shaw Shea Tabb Tucker of Burke Vaughn Watts Wells of Peach Wilson of Brantley Wilson of Cobb
STATE INSTITUTIONS & PROPERTY SUB-COMMITTEES
ELEEMOSYNARY INSTITUTIONS
Chandler, Chairman Rowland, Vice-Chairman Johnson of Elbert, Secretary
Bolton Echols Harrington
PENAL INSTITUTIONS
Morgan of Gwinnett, Chairman Odom, Vice-Chairman Ponsell, Secretary
Bell Murphy Vaughn
RECREATIONAL FACILITIES
Nessmith, Chairman Wilson of Cobb, Vice-Chairman Duncan of Fannin, Secretary
Flynt Tabb Watts
STATE INCOME PRODUCING PROPERTIES
Rainey, Chairman Lewis, Vice-Chairman Kirkland, Secretary
Brooks of Oglethorpe Coker of Turner Lokey
Richardson, Chairman Paris, Vice-Chairman Hall, Secretary
STATE PORTS
Jones of Muscogee Shea Wells of Peach
178
JOURNAL OF THE HOUSE,
STATE OF REPUBLIC COMMITTEE
Ware, Chairman Smith of Whitfield, Vice-Chairman Morgan of Gwinnett, Secretary
Bedgood Bell Blair Blaloek of Coweta Bolton Brooks of Fulton Busbee Carr Fleming
Fowler of Treutlen Jones of Lumpkin Jordan of Calhoun Lee of Clayton Mackay McKemie Milhollin Newton of Jenkins Payton Underwood of Montgomery Waldrop Williams of Hall
TEMPERANCE COMMITTEE
Paris, Chairman Dicus, Vice-Chairman Wells of Peach, Secretary
Baughman Davis DeVane
Echols McGarity Milford Raulerson Smith of Habersham Warren
TEMPERANCE SUB-COMMITTEES
DOMESTIC & FOREIGN WINES McGarity, Chairman Warren, Vice-Chairman Milford, Secretary
LIQUOR CONTROL
Dicus, Chairman Baughman, Vice-Chairman Smith of Habersham, Secretary
DeVane
Echols, Chairman Raulerson, Vice-Chairman Davis, Secretary
MALT BEVERAGES
UNIVERSITY SYSTEM OF GEORGIA COMMITTEE
Matthews of Clarke, Chairman Walker, Vice-Chairman Sangster, Secretary
Abney
Alien Anderson Andrews Ballard
THURSDAY, JANUARY 17, 1963
179
Barber Blair Brooks of Oglethorpe Busbee Fleming Plournoy Floyd Jordan of Floyd Kelly Keyton Lane Lee of Dougherty Lokey
Mitchell Moate Moore Odom Paris Pope Poss Scarborough Smith of Habersham Wells of Oconee Wilkes Williams of Coffee
UNIVERSITY SYSTEM OF GEORGIA SUB-COMMITTEE
LONG RANGE PROGRAM
Barber, Chairman Brooks of Oglethorpe, Vice-Chairman
Blair, Secretary Fleming
Paris Scarborough Wells of Oconee
WAYS & MEANS COMMITTEE
Towson, Chairman Jordan of Calhoun, Vice-Chairman Keadle, Secretary
Ballard Blalock of Clayton Chance Dixon Dorminy Flournoy Fowler of Treutlen Hurst King
Laite
Logan Moate Newton of Colquitt Partridge Peterson Phillips Rutland Sangster Smith of Emanuel Smith of Whitfield Steis Stuckey
WAYS & MEANS SUB-COMMITTEES
GENERAL MATTERS
Rutland, Chairman Laite, Vice-Chairman Blalock of Clayton, Secretary
Logan
INCOME & ESTATE TAXES
Sangster, Chairman Moate, Vice-Chairman Smith of Whitfield, Secretary
Dorminy
180
JOURNAL OF THE HOUSE,
REAL & INTANGIBLE TAX
Stuekey, Chairman Peterson, Vice-Chairman King, Secretary
Chance Smith of Emanuel
SALES & USE TAX
Jordan of Calhoun, Chairman Fowler of Treutlen, Vice-Chairman Newton of Colquitt, Secretary
Ballard Phillips
Steis, Chairman Keadle, Vice-Chairman Partridge, Secretary
TAX REVISION
Dixon Flournoy
WELFARE COMMITTEE
Duncan of Carroll, Chairman Sinclair, Vice-Chairman White, Secretary
Bedgood Bowen of Dawson Causby Coker of Turner Griffin Harrington Herndon Lindsey Logan Matthews of Colquitt Meeks
Milford Mitchell Partridge Rhodes Rodgers Shaw Smith of Habersham Snow Stalnaker Todd Warren Watson Wells of Camden Wilson of Brantley
WELFARE SUB-COMMITTEES
Wells of Camden, Chairman Causby, Vice-Chairman Meeks, Secretary
BENEFITS & AID
Partridge Shaw Todd
ELEEMOSYNARY MATTERS
Harrington, Chairman Stalnaker, Vice-Chairman
Bedgood, Secretary
Rhodes Smith of Habersham
THURSDAY, JANUARY 17, 1963
131
JUVENILE MATTERS
Matthews of Colquitt, Chairman Wilson of Brantley, Vice-Chairman Griffin, Secretary
Milford
Mitchell Watson
Mr. Bolton of Spalding moved that the House do now adjourn until 10:30 o'clock Monday morning and the motion prevailed.
The Speaker announced the House adjourned until 10:30 o'clock Monday morning.
182
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, January 21, 1963
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 Reverend B. M. Pulford, Pastor of the Tyson Meth odist Church, Moultrie, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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.
By unanimous consent, the following Bills and Resolutions of the House were read the first time, and referred to the Committees:
HB 25. By Messrs. Brooks, Etheridge 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 provide that the City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any personal property, other than motor vehicles, re moved from the sidewalks and streets in the City of Atlanta; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, JANUARY 21, 1963
183
HB 26. By Messrs. Brooks, Etheridge 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 water mains in the City of East Point; and for other purposes.
Referred to the Committee on Local Affairs.
HB 27. By Messrs. Brooks, Etheridge 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 sewers laid down or constructed through or over any private property; and for other purposes.
Referred to the Committee on Local Affairs.
HB 28. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to pensions to officers and employees in cities having a population of more than 150,000, so as to provide for a refund of contributions by members made for months for which no pension credit accrues; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 29. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 30. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to repeal an Act relating to pensions for members of the Police Department in cities having a population of 150,000; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 31. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to the Treasurer in cities having a population of more than 150,000; and for other pur poses.
Referred to the Committee on Special Judiciary.
HB 32. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
Referred to the Committee on Special Judiciary.
184
JOURNAL OP THE HOUSE,
HB 33. By Messrs. Brooks, Etheridge and McClelland of Pulton:
A Bill to be entitled an Act to amend an Act to repeal an Act relating to pensions for members of the police department in cities having a population of more than 150,000, and relating to the Treasure; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 34. By Messrs. Brooks, Etheridge 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 insurance on all employees; and for other purposes.
Referred to the Committee on Local Affairs.
HB 35. By Messrs. Brooks, Etheridge and McClelland of Fulton: 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 and relating to the State Board of Education; and for other purposes.
Referred to the Committee on Judiciary.
HB 36. By Messrs. Brooks, Etheridge 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 business or occupation license fees; and for other purposes.
Referred to the Committee on Local Affairs.
HB 37. By Messrs. Payton of Coweta and Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers, so as to exempt certain vehicles used exclusively for construction and mainte nance of federal facilities; and for other purposes.
Referred to the Committee on Highways.
HB 38. By Mr. Echols of Upson:
,
A Bill to be entitled an Act to repeal an Act requiring the entry of the names of colored and white taxpayers separately on the tax digest; and for other purposes.
Referred to the Committee on Ways and Means.
MONDAY, JANUARY 21, 1963
185
HB 39. By Messrs. Paris of Barrow and Echols of Upson:
A Bill to be entitled an Act to amend an Act relating to the criminal procedures of indictments, presentments and accusations, so as to pro vide that in the discretion of the Solicitor-General, a misdemeanor case may be tried in the Superior Court upon an accusation filed by the Solicitor-General; and for other purposes.
Referred to the Committee on Judiciary.
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act relating to criminal pro cedure, so as to provide that persons under the age of 21 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
Referred to the Committee on Judiciary.
HB 41. By Messrs. Chandler and Harrington of Baldwin:
A Bill to be entitled an Act to amend an Act providing that the salary of officials or employees of an incorporated town, city, county or state government may be garnished; and for other purposes.
Referred to the Committee on Judiciary.
HB 42. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to the State Highway Board, so as to change the procedures relating to expenditures of funds by the Highway Board, and for other purposes.
Referred to the Committee on Highways.
HB 43. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to the crime of Robbery and punishment therefor, so as to provide punishment for the robbery of banks and similar financial institutions; and for other purposes.
Referred to the Committee on Judiciary.
HB 44. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act providing for the licensing and regulation of livestock dealers in the State of Georgia, so as to require recording of the names of persons bringing in livestock, and for other purposes.
Referred to the Committee on Agriculture.
186
JOURNAL OP THE HOUSE,
HB 45. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide that vehicles used solely for the purpose of transporting logs or portions of trees from one cutting site to another shall not be required to be licensed under this Act; and for other purposes.
Referred to the Committee on Highways.
HB 46. By Mr. Jordan of Calhoun:
A Bill to be entitled an Act to change the terms of the Superior Court of Calhoun County; and for other purposes.
Referred to the Committee on Judiciary.
HB 47. By Messrs. Walker and Gibbons of Lowndes: A Bill to be entitled an Act to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collecting tax fi. fas. which are issued by tax commissioners; and for other purposes.
Referred to the Committee on Ways and Means.
HR 27-47. By Messrs. Smith of Grady and Bolton of Spalding: A Resolution providing for a Seal for the General Assembly and the House of Representatives and Senate; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 28-47. By Messrs. Walker and Gibbons of Lowndes: A Resolution to compensate Wainer Construction Company, Inc. (High way Dept.), and for other purposes.
Referred to the Committee on Appropriations
HR 29-47. By Messrs. Walker and Gibbons of Lowndes: A Resolution to compensate Mrs. Christine P. King, (State Highway Dept.), and for other purposes.
Referred to the Committee on Appropriations.
HR 30-47. By Mr. Duncan of Carroll: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the procedure for merging counties; and for other purposes.
Referred to the Committee on Special Judicary.
MONDAY, JANUARY 21, 1963
187
HR 31-47. By Mr. Fowler of Douglas:
A Resolution to create an interim Committee to study matters relative to urban renewal; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government; 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 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Bill to be entitled an Act to reorganize the State Highway Board; and for other purposes.
HB 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend the Current Income Tax Payment Act of 1960; to provide for the filing of declarations of estimated income tax by certain corporations; and for other purposes.
HB 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to repeal an Act, defining "Machinery for new and expanded industry or agriculture"; and for other purposes.
HB 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt the sale of machinery which is used in establishing new, or expanding the produc tive capacity of existing plants; and for other purposes.
HB 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland and Mackay of DeKalb, Busbee of Dougherty, Andrews of Stephens and Steis of Harris:
A Bill to be entitled an Act creating the Georgia Department for Youth, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 6. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to be known as the "Disposition of Unclaimed Property Act"; to provide for presumptions of abandonment of property or funds held by banking and financial organizations; and for other purposes.
HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris, Hale of Bade, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A Bill to be entitled an Act to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equaliza tion programs for ad valorem tax purposes; to remove the millage limits prescribed in Code Sections 92-3702 and 92-3706; and for other purposes.
HB 8. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act, so as to increase the amount for which revenue bonds may be issued; and for other purposes.
HB 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955, so as to provide that the Governor's personal staff shall consist of one chief of aides-de-camp, with the rank of brigadier general; to change the eligibility requirement for the Assistant Adjutants General; and for other purposes.
HR 15-9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify, approve, and confirm the executive order of the Governor, dated February 26, 1962, 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 until the next meeting of the General Assembly; and for other purposes.
HR 16-9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify, approve, and confirm the executive order of the Governor, dated September 25, 1962, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the purchases of tangible personal property and services for educational purposes; and for other purposes.
MONDAY, JANUARY 21, 1963
189
HB 10. By Mr. Walker of Lowndes:
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 restrictions for vehicles; and for other purposes.
HB 11. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Chattooga County on a salary in lieu of the fee system; and for other purposes.
HB 12. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act placing the ordinary of Chattooga County on a salary in lieu of the fee system, so as to increase authorization for clerical expenditures; and for other purposes.
HB 13. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to place the Tax Collector of Chattooga County on an annual salary in lieu of the fee system of compensation; and for other purposes.
HB 14. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to place the Tax Receiver of Chattooga County on a salary in lieu of the fee system of compensation; and for other purposes.
HB 15. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to place the Sheriff of Chattooga County on the salary system; and for other purposes.
HB 16. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to increase the compensation of the Commissioner; and for other purposes.
HR 17-16. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade and Steis of Harris:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem tax purposes.
190
JOURNAL OP THE HOUSE,
HR 18-16. By Mr. Fowler of Douglas:
A Resolution to compensate W. H. Nicholson (Highway Dept.) and for other purposes.
HB 17. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Voters' Registration Act", so as to provide that county registrars appointed by county authorities shall retain their civil service status; and for other purposes.
HB 18. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, in order to provide for the procedure and practice in garnishments, in issuing executions from said Court; and for other purposes.
HB 19. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the incorporation of the City of Moultrie, so as to change the millage rate on all taxable property for school purposes; and for other purposes.
HB 20. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend the Charter of the City of Woodstock; to permit sale of water outside the city limits; and for other purposes.
HB 21. By Messrs. Coker and Pope of Cherokee:
A Bill to be entitled an Act to increase the corporate limits of the City of Canton; and for other purposes.
HB 22. By Messrs. Coker and Pope of Cherokee:
A Bill to be entitled an Act to increase the corporate limits of the City of Canton; to provide a referendum; and for other purposes.
HB 23. By Mr. Sinclair of Macon:
A Bill to be entitled an Act to change the charter of the City of Montezuma; and for other purposes.
HR 19-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Resolution proposing an amendment to the Constitution by adding thereto a new Section creating the State Highway Board; to provide for the election, qualifications and tenure of members; and for other purposes.
MONDAY, JANUARY 21, 1963
191
HR 20-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A Resolution proposing an amendment to the Constitution so as to pre scribe more democratic provisions for the merger, consolidation and division of counties; to provide for a referendum; and for other purposes.
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A Resolution creating the "Governor's Commission To Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.
HB 24. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A Bill to be entitled an Act creating in each county, city and town an Industrial Development Authority; and for other purposes.
Mr. Steis of Harris County, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs 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 recomendation:
HB 9. Do Pass. Respectfully submitted, Steis of Harris, Chairman.
Mr. Ware of Troup 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
8. Do Pass.
HR 21-23. Do Pass.
HR 20-23. Do Pass, as Amended.
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JOURNAL OP THE HOUSE,
HB
1. Do Pass, as Amended.
HR 19-23. Do Pass, as Amended.
Respectfully submitted,
Ware of Troup,
Chairman.
The following communication from Governor Carl E. Sanders was received and read:
STATE OF GEORGIA Executive Department
Atlanta
January 15, 1963
Honorable George T. Smith Speaker of House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Smith:
Pursuant to Rule 212 of the Rules of the House of Representatives, this is to certify that Honorable Arthur K. Bolton, Representative from Spalding County, Georgia, has been duly appointed by me as Admin istration Floor Leader of the House of Representatives.
With kindest regards, I am
Sincerely,
/a/ Carl E. Sanders Carl E. Sanders Governor
CES:lag cc: Honorable Glenn W. Ellard
Honorable Frank Edwards
Mr. Busbee of Dougherty 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.
TUESDAY, JANUARY 22, 1963
193
Representative Hall, Atlanta, Georgia Tuesday, January 22, 1963.
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 Reverend B. M. Fulford, Pastor of the Tyson Methodist Church, Moultrie, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 49. By Mr. Watts of Talbot: A Bill to be entitled an Act to amend an Act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into 3 election districts; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OP THE HOUSE,
HB 50. By Messrs. Scarborough of Crawford, Keadle of Lamar, Pope of Cherokee, Rainey of Crisp, Underwood of Taylor, and Baughman of Early, and others:
A Bill to be entitled an Act to create the Georgia Board of Floral Designers; to provide for the appointment of members and to provide for their qualifications, terms, duties, powers and compensation; and for other purposes.
Referred to the Committee on Industry.
HB 51. By Messrs. Murphy of Haralson, Mixon of Irwin, Morgan of Gwinnett and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the definition of the practice of law, so as to provide for a new definition of the practice of law; and for other purposes.
Referred to the Committee on Judiciary.
HB 52. By Messrs. Pickard of Muscogee, Fowler of Douglas, Hale of Dade, Duncan of Carroll and Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change the per diem expense allowance for members of said Board; and for other purposes.
Referred to the Committee on Judiciary.
HB 53. By Messrs. Odom and Lee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to deductions from gross income for income tax purposes, so as to provide for the deduction of Federal income taxes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 54. By Messrs. House of Bibb, Pope of Cherokee, Watson of Pike, Clarke of Monroe, and Busbee of Dougherty:
A Bill to be entitled an Act to provide that a prior period of residency in a territory afterwards annexed to a municipality shall be deemed residence within the municipality for the purpose of qualifying a person to hold office; and for other purposes.
Referred to the Committee on Judiciary.
HB 55. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act to create The Steamship "Savannah" Com mission, a body corporate and politic and a public corporation of the State; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, JANUARY 22, 1963
195
HB 56. By Messrs. Richardson, Shea and Funk 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 extend to any official or employee who is covered under the provisions of any other system; and for other purposes.
Referred to the Committee on Judiciary.
HB 57. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend an Act incorporating Andrew Female College, so as to change the term of office of Trustees; and for other purposes.
Referred to the Committee on University System of Georgia.
HB 58. By Messrs. Murphy of Haralson, Mixon of Irwin, Morgan of Gwinnett and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act relating to additional duties of the Clerks of the Superior Courts, so as to provide that all instruments purporting to transfer or encumber title to real property shall have the name of the person preparing said instrument endorsed thereon; and for other purposes.
Referred to the Committee on Judiciary.
HB 59. By Messrs. Mixon of Irwin, Murphy of Haralson, Matthews of Colquitt and Morgan of Gwinnett:
A Bill to be entitled an Act to prohibit the imitation and simulation of legal process; to prohibit the circulation of any writing which imitates or simulates a form of court or legal process; and for other purposes.
Referred to the Committee on Judiciary.
HB 60. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act relating to guardianship of insane or deaf and dumb persons and persons non compos mentis, so as to provide that an insane person may make gifts to his minor children; and for other purposes.
Referred to the Committee on Judiciary.
HB 61. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to provide that no county shall exact any fee for parking on any public street from a person who has been issued an automobile license tax in accordance with the Act relating to issuance of tags to disabled veterans; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
196
JOURNAL OF THE HOUSE,
HB 62. By Mr. Rainey of Crisp:
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 having a population of not less than 17,650 and not more than 17,800; and for other purposes.
Referred to the Committee on Local Affairs.
HB 63. By Mr. Rainey of Crisp:
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; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 64. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act relating to the Budget Bureau, relating to the State Budget Officer; and for other purposes.
Referred to the Committee on Appropriations.
HB 65. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to provide a method for obtaining court approval of agreements for compensation for coun sel and expert witnesses employed by an administrator, executor, trus tee or guardian; and for other purposes.
Referred to the Committee on Judiciary.
HB 66. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to extra compensa tion for extraordinary services by administrators, so as to provide for the granting of such compensation only after petition, notice, and hearing; and for other purposes.
Referred to the Committee on Judiciary.
HB 67. By Mr. Ponsell 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 change the City limits of the City of Waycross; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, JANUARY 22, 1963
197
HB 68. By Mr. Ponsell of Ware:
A Bill to be entitled an Act to consolidate and abolish the offices of the Tax Collector and Tax Receiver of Ware County; to create the office of the Tax Commissioner of Ware County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 32-68. By Mr. Twitty of Mitchell:
A Resolution authorizing the conveyance of certain State Property in the City of Atlanta, which is a part of the property commonly known as the Western and Atlantic Railroad property; and for other purposes.
Referred to the Committee on Industry.
HR-33-68. By Messrs. Richardson, Shea and Funk of Chatham:
A Resolution authorizing the Georgia Forestry Commission to pay compensation to Mr. George W. Lott for damages to his trees, vines and azaleas caused by chemicals being sprayed on adjoining lands; and for other purposes.
Referring ot the Committees on Appropriations.
HR 34-68. By Messrs. Fleming, Bell and Hull of Richmond:
A Resolution providing for and authorizing the conveyance of certain State Property located in Richmond County; and for other purposes.
Referred to the Committee on State of Republic.
Mr. Paris of Barrow asked unanimous consent that the following Bill of the House be engrossed:
HB 69. By Messrs. Echols and Paris of Barrow: 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, to provide procedures for determining which malt beverages shall not be sold in a county; and for other purposes.
The consent was granted.
The Speaker ordered that HB 69 be engrossed, and referred the Bill to the Committee on Temperance.
Mr. Paris of Barrow asked unanimous consent that the following Bill of the House be engrossed:
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JOURNAL OF THE HOUSE,
HB 70. By Messrs. Paris of Barrow and Echols of Upson:
A Bill to be entitled an Act regulating malt beverages, so as to provide that the physical presence of 864 fluid ounces of malt beverages in a public place of business shall be prima facie evidence of possession of said beverages for sale; and for other purposes.
The consent was granted.
The Speaker ordered that HB 70 be engrossed, and referred the bill to the Committee on Temperance.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 25. By Messrs. Brooks, Etheridge 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 provide that the City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any personal property, other than motor vehicles, removed from the sidewalks and streets in the City of Atlanta; and for other purposes.
HB 26. By Messrs. Brooks, Etheridge 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 water mains in the City of East Point; and for other purposes.
HB 27. By Messrs. Brooks, Etheridge 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 sewers laid down or constructed through or over any private property; and for other purposes.
HB 28. By Messrs. Brooks, Etheridge and McClelland of Fulton: A Bill to be entitled an Act to amend an Act relating to pensions to officers and employees in cities having a population or more than 150,000, so as to provide for a refund of contributions by members made for months for which no pension credit accrues; and for other purposes.
HB 29. By Messrs. Brooks, Etheridge and McClelland of Fulton: A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
TUESDAY, JANUARY 22, 1963
199
HB 30. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to repeal an Act relating to pensions for members of the Police Department in cities having a population of 150,000; and for other purposes.
HB 31. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to the Treasurer in cities having a population of more than 150,000; and for other purposes.
HB 32. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
HB 33. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to repeal an Act relating to pensions for members of the police department in cities having a population of more than 150,000, and relating to the Treasury; and for other purposes.
HB 34. By Messrs. Brooks, Etheridge 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 insurance on all employees; and for other purposes.
HB 35. By Messrs. Brooks, Etheridge and McClelland of Fulton:
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 and relating to the State Board of Education; and for other purposes.
HB 36. By Messrs. Brooks, Etheridge 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 business or occupation license fees; and for other purposes.
HB 37. By Messrs. Payton of Coweta and Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers, so as to exempt certain vehicles used exclusively for construction and maintenance of federal facilities; and for other purposes.
200
JOURNAL OF THE HOUSE,
HB. 38. By Mr. Echols of Upson:
A Bill to be entitled an Act to repeal an Act requiring the entry of the names of colored and white taxpayers separately on the tax digest; and for other purposes.
HB 39. By Messrs. Paris of Barrow and Echols of Upson:
A Bill to be entitled an Act to amend an Act relating to the criminal procedures of indictments, presentments and accusations, so as to pro vide that in the discretion of the Solicitor-General, a misdemeanor case may be tried in the Superior Court upon an accusation filed by the Solicitor-General; and for other purposes.
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act relating to criminal pro cedure, so as to provide that persons under the age of 21 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
HB 41. By Messrs. Chandler and Harrington of Baldwin:
A Bill to be entitled an Act to amend an Act providing that the salary of officials or employees of an incorporated town, city, county or state government may be garnished; and for other purposes.
HB 42. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to the State Highway Board, so as to change the procedures relating to expenditures of funds by the Highway Board; and for other purposes.
HB 43. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to the crime of Robbery and punishment therefor, so as to provide punishment for the robbery of banks and similar financial institutions; and for other purposes.
HB 44. By Mr. Hilhollin of Coffee:
A Bill to be entitled an Act to amend an Act providing for the licensing and regulation of livestock dealers in the State of Georgia, so as to require recording of the names of persons bringing in livestock; and for purposes.
HB 45. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide that vehicles used solely for the purpose of
TUESDAY, JANUARY 22, 1963
201
transporting logs or portions of trees from one cutting site to another shall not be required to be licensed under this Act; and for other purposes.
HB 46. By Mr. Jordan of Calhoun:
A Bill to be entitled an Act to change the terms of the Superior Court of Calhoun County; and for other purposes.
HB 47. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collecting tax fi. fas. which are issued by tax commissioners; and for other purposes.
HR 27-47. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution providing for a Seal for the General Assembly and the House of Representatives and Senate; and for other purposes.
HR 28-47. By Messrs. Walker and Gibbons of Lowndes:
A Resolution to compensate Wainer Construction Company, Inc. (High way Dept.); and for other purposes.
HR 29-47. By Messrs. Walker and Gibbons of Lowndes:
A Resolution to compensate Mrs. Christine P. King, (State Highway Dept.); and for other purposes.
HR 30-47. By Mr. Duncan of Carroll:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the procedure for merging counties; and for other purposes.
HR 31-47. By Mr. Fowler of Douglas:
A Resolution to create an interim Committee to study matters relative to urban renewal; and for other purposes.
HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provided such appropriations for the operation of the State Government; and for other purposes.
202
JOURNAL OF THE HOUSE,
Mr. Hale of Dade 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 11. Do Pass. HB 12. Do Pass. HB 13. Do Pass. HB 14. Do Pass. HB 15. Do Pass. HB 16. Do Pass. HB 19. Do Pass. HB 20. Do Pass. HB 21. Do Pass. HB 22. Do Pass.
Respectfully submitted,
Hale of Dade, Chairman.
Mr. Towson of Laurens 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 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
3. Do Pass.
HB
4. Do Pass.
HR 15-9. Do Pass.
HR 16-9. Do Pass.
HR 17-16. Do Pass.
Respectfully submitted,
Towson of Laurens,
Chairman.
TUESDAY, JANUARY 22, 1963
203
Mr. Towson of Laurens 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 2. Do Pass, by Substitute.
Respectfully submitted,
Towson of Laurens,
Chairman.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 11. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to place the Clerk of the Superior Court of Chattooga County on a salary in lieu of the fee system; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was apssed.
HR 12. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to amend an Act placing the ordinary of Chattooga County on a salary in lieu of the fee system so as to increase authorization for clerical expenditures; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
204
JOURNAL OP THE HOUSE,
HB 13. By Mr. Ployd of Chattooga:
A Bill to be entitled an Act to place the Tax Collector of Chattooga County on an annual salary in lieu of the fee system of compensation, to provide for an effective date; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 14. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to place the Tax Receiver of Chattooga County on a salary in lieu of the fee system of compensation, to provide for employees to the Tax Receiver; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 15. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to place the Sheriff of Chattooga County on 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 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 16. By Mr. Floyd of Chattooga: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Chattooga County, so as to increase the compensation of the Commissioner; and for other purposes.
TUESDAY, JANUARY 22, 1963
205
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 19. By Messrs. Newton and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the incorporation of the City of Moultrie, so as to change the millage rate on all taxable property for school purposes; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 20. By Messrs. Pope and Coker of Cherokee: A Bill to amend the charter of the City of Woodstock; to permit sale of water outside 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 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 21. By Messrs. Pope and Coker of Cherokee: A Bill to increase the corporate limits of the City of Canton; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
206
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 22. By Messrs. Pope and Coker of Cherokee:
A Bill to increase the corporate limits of the City of Canton, to provide a referendum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the General Order of Business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Bill to be entitled an Act to reorganize the State Highway Board; and for other purposes.
The following Committee amendment was read and adopted:
The State of Republic Committee moves to amend HB 1 as follows:
By adding between the words "Department" and "from" as they appear in the first sentence of Subsection (c) of Section 4 as amended by Section 1 the following: "or a majority of the members of the Board", so that when so amended the first sentence of Subsection (c) shall read as follows:
The State Highway Board shall meet in regular session one day in each month, and at such other special meetings as may be called by the Director of the State Highway Department or a ma jority of the members of the Board from time to time."
By adding following the symbol and figures "$22,500.00" as they appear in the second sentence of Subsection (e) of Section 4 as amended by Section 1 the words "per annum", so that when so amended the second sentence of Subsection (e) shall read as follows:
TUESDAY, JANUARY 22, 1963
207
"The Director shall be a full-time official of the state, and shall receive as compensation the sum of $22,500.00 per annum payable monthly or semi-monthly, plus actual and necessary ex penses for travel, lodging and meals, incurred while engaged in the performance of his duties away from the Capitol."
By changing the period at the end of Subsection (e) of Section 4 as amended by Section 1 to a semicolon and adding thereto the following:
"provided, however, the Director shall resign as Director of the State Highway Department before accepting any such appointive office. Provided further, no officer, agent, official or employee of the State, or of any county or municipality thereof, nor any member of the General Assembly, shall be eligible for appointment or election as Director hereunder."
The following amendment was read and adopted:
Messrs. Smith of Grady, Bolton of Spalding, Andrews of Stephens and Busbee of Dougherty move to amend HB 1 as follows:
By striking from subsection (g) of Section 4 which Section is quoted in Section 1 of said Bill the words "malfeasance in office" and inserting in lieu thereof the words "just cause".
The following amendment was read:
Mr. Groover of Bibb moves to amend HB 1 as follows:
by amending the proposed sub-section 4(e) by striking from lines 4, 5 and 6 of the Clerk's print thereof, the words "all power and author ity of the State Highway Board when it is not in regular or called sessions, with full authority to execute contracts and all other under takings"; and substituting in lieu thereof the words:
"such power and authority as the State Highway Board shall from time to time delegate to him."
and to amend the caption accordingly.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Baughman Black Bowen of Randolph
Bowen of Dawson Brackin Brantley
Byrd Caldwell Conger
208
JOURNAL OF THE HOUSE,
Cullens Dixon Echols Flournoy Flynt Fowler of Douglas Griffin Groover Isenberg Johnson of Elbert Keyton Knight of Berrien Laite Lambert Lane
Lee of Clinch Lee of Dougherty Leonard Lindsey Logan McKemie Moate Murphy Nessmith Newton Odom Pafford Parker Poss Rainey
Raulerson Reaves Rhodes Richardson Russell Smith of Emanuel Smith of Habersham Snow Stalnaker Tucker of Burke Walker Warren Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Branch Brown Busbee Bynum Chance Chandler Clark of Catoosa Clarke of Monroe Coker Conner Davis Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Duncan of Carroll Etheridge Fleming Floyd Fulford
Funk Gibbons Greene Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Hull Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun
Keadle Kelly Killian King Kirkland Knight of Laurens Lee of Clayton Lewis Lowrey McClelland McCracken McDonald McGarity Meeks Melton Milford Mitchell
Mixon Moore Morgan of Newton Newton Overby Partridge Payton Peterson Phillips Ponsell Pope Roper Rutland Sangster Scarborough Sewell
Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Whitfield
Spikes Steis Stuckey Tabb Teague Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watson
TUESDAY, JANUARY 22, 1963
209
Watts Wells of Peach Wells of Oconee
Wells of Camden White Wilkes
Williams of Coffee Williams of Hall Woodward
Those not voting were Messrs.:
Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Carr Causby Coker Crummey Dicus Fowler of Treutlen Hill Houston Hurst Jones of Muscogee
Lokey Mackay Matthews of Clarke Matthews of Colquitt Milhollin Morgan Morgan of Gwinnett Mullis Paris Perry of Marion Perry of Evans Pickard Poole
Roberts Rodgers Rowland Simpson Singer Smith of Telfair Story Todd Towson Twitty Mr. Speaker
On the adoption of the amendment, the ayes were 53, nays 116.
The amendment was lost.
Mr. Isenberg of Glynn stated that due to being unfamiliar with the voting machine, he voted "Aye" and would like to be recorded as voting "Nay" on Mr. Groover of Bibb's amendment to HB 1.
Mr. Richardson of Chatham stated that he inadvertently voted "Aye" and would like to be recorded as voting "Nay", on Mr. Groover's amendment to HB 1.
The following amendment was read:
Mr. Murphy of Haralson moves to amend HB 1 as follows:
By striking Sub-section (g) of Section 4 as amended by Section 1, and inserting the following Sub-section (g).
(g). Selection of Director; Removal. "The first Director of the State Highway Department hereunder shall be appointed by the Gov ernor and shall serve at the pleasure of the Governor thru 1966. There after the Director shall be elected by a majority vote of the members of the Board and shall serve at the pleasure of the Board."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
210
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Baughman Bowen of Randolph Brantley Dorminy Echols Griffin Groover Johnson of Elbert Keyton Laite
Lambert Lane Lindsey McKemie Milhollin Morgan of Newton Murphy
Nessmith Odom Pafford Peterson
Rainey Raulerson Russell Smith of Telfair Smith of Habersham Snow Stalnaker Tucker of Burke Walker Wilson of Cobb
Those voting in the negative were Messrs.:
Acree Alien Anderson Andrews Bagby Barber Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Branch Brown Busbee Bynum Byrd Caldwell Chance Chandler Clark of Catoosa
Clarke of Monroe Coker of Cherokee
Conger Conner Davis Dean of Polk DeVane Dixon Duncan of Pannin Duncan of Carroll
Etheridge Fleming Floyd Flynt Fulford Punk Gibbons Greene
Hale Hall Harrell Harrington Harris
Henderson Herndon Hill
Horton House Hull Hurst Isenberg Johnson of Warren Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian King Kirkland Knight of Laurens Lee of Clinch Lee of Clayton
Lee of Dougherty Leonard Lewis Logan Lowrey Matthews of Clarke McClelland McCracken McDonald McGarity Meeks
Melton Milford Mitchell Moore Morgan of Gwinnett
Mullis Newton of Jenkins
Overby Parker Partridge Payton Perry Phillips Pickard Ponsell Poole Pope Poss Reaves Rhodes Richardson Rodgers Roper Rutland Sangster Scarborough Sewell Shaw Shea
Shurnan Simmons Simp son Sinclair Smith of Forsyth Smith of Whitfield
Spikes Steis Story Stuckey
TUESDAY, JANUARY 22, 1963
211
Tabb Teague Towson Tucker of Catoosa
Twitty Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee
Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson Woodward
Those not voting were Messrs.:
Arnsdorff Ballard Black Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Wilson Carr Causby Coker Crummey
Cullens Been of Bacon Dicus Flournoy Fowler of Douglas Fowler of Treutlen Houston Knight of Berrien Lokey Mackay Matthews of Colquitt Mixon
Moate Newton Paris Perry Roberts Rowland Singer Smith of Emanuel Todd Wilkes Mr. Speaker
On the adoption of the amendment, the ayes were 32, nays 18.
The amendment was lost.
Mr. Murphy of Haralson asked unanimous consent that his second amendment be withdrawn from further consideration of the House and the consent was granted.
The following amendment was read:
Mr. Bynum of Rabun moves to amend HB 1, by adding a sentence at the end of Section 6, to-wit:
Any Highway Board member aforesaid, or the Highway Director, who shall engage in partisan politics while serving in either of said offices, shall be guilty of malfeasance in office and subject to removal from office.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
212
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Bynum Griffin Groover
Hill Johnson of Elbert
Kelly Lee of Dougherty Lindsey
Milford Odom Rowland Smith of Habersham
Those voting in the negative were Messrs.:
Alien Anderson Andrews Ballard Barber Bedgood Bell Blair Blalock of Coweta
Blalock of Clayton Bolton Bowen of Dawson Branch Brantley Brown Busbee Byrd Caldwell Chance Chandler Clark of Catoosa
Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Da vis Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols
Etheridge Fleming Flournoy Floyd Flynt
Funk Gibbons Greene Hale Hall Harrell
Harrington Harris Henderson Herndon House Hurst Isenberg Johnson of Warren Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian King Kirkland Knight of Berrien Laite Lambert
Lee of Clinch Lee of Clayton Leonard Lewis Logan Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity Meeks
Melton Milhollin Mitchell Mixon Moate
Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith
Newton of Jenkins Newton of Colquitt Overby Pafford Paris Parker Partridge Payton Perry of Evans Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Rodgers Roper Russell Rutland Sangster Scarborough Sewell Shaw
Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Spikes Steis Story Stuckey Tabb Teague Tucker Catoosa
Twitty Underwood of
Montgomery
Vaughn Waldrop Walker Ware Warren Watson
TUESDAY, JANUARY 22, 1963
213
Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes
Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Arnsdorff Bagby Baughman Black Bowen of Randolph Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Carr Causby Crummey Cullens DeVane
Dicus Fowler of Douglas Fowler of Treutlen Fulford Horton Houston Hull Keyton Knight of Laurens Lane Lokey Matthews of Colquitt McKemie Perry of Marion
Peterson Pickard Raulerson Roberts Singer Smith of Emanuel Stalnaker Todd Towson Tucker of Burke Underwood of Taylor Mr. Speaker
On the adoption of the amendment, the ayes were 14, nays 151.
The amendment was lost.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson
Andrews Arnsdorff Bagby Ballard
Barber Baughman Bedgood Bell
214
JOURNAL OF THE HOUSE,
Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd
Flynt Fowler of Douglas Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon
Hill Horton House Hull Hurst Isenberg Johnosn of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Meeks
Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom
Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea S human Simmons
Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham
Smith of Whitfield Snow Spikes Stalnaker Steis
Story
Stuckey
Tabb
Teague
Todd
Towson
Tucker of Catoosa
Tucker of Burke
Twitty
TUESDAY, JANUARY 22, 1963
215
Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker Ware
Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White
Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Brooks of Fulton Carr Crummey Dicus
Fowler of Treutlen Houston Knight of Berrien Lokey
Matthews of Colquitt Mr. Speaker
On the passage of the Bill, as amended, the ayes were 195, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Houston of Pierce and Carr of Washington stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye" on HB 1.
By unanimous consent, HB 1 was ordered immediately transmitted to the Senate.
HR 19-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Resolution proposing an amendment to the Constitution by adding thereto a new Section creating the State Highway Board, to provide for the election, qualifications and tenure of members; and for other purposes.
The following Committee amendment was read and adopted:
The State of Republic Committee moves to amend HR 19-23 as follows:
By striking the word and symbol "Section X" wherever it shall appear and substituting in lieu thereof the word and symbol "Sec tion XI".
The previous question was ordered.
216
JOURNAL OF THE HOUSE,
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Dean of Polk Been of Bacon, DeVane Dixon Dorminy Duncan of Fannin
Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King
Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity McKemie Melton Milford Milhollin Mitchell Mixon Mo ate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Overby Pafford Paris Parker Partridge Pay ton Perry of Evans
Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea
TUESDAY, JANUARY 22, 1963
217
Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Burke Twitty
Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.: Davis and Odom.
Those not voting were Messrs.:
Bedgood Bowen of Toombs Brooks of Fulton Carr Causby Clark of Catoosa
Crummey Dicus Herndon Logan Lokey McClelland
Meeks Perry of Marion Peterson Tucker of Catoosa Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 186, nays 2.
The Resolution, having received the requisite constitutional two-thirds majority, was adopted, as amended.
Mr. Davis of Heard stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on HR 19-23.
Mr. Carr of Washington stated he was absent from the Hall of the House because of official business, but that had be been present at the time the roll was called he would have voted "Aye" on HR 19-23.
By unanimous consent, HR 19-23 was ordered immediately transmitted to the Senate.
218
JOURNAL OP THE HOUSE,
HB 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955," so as to provide that the Governor's personal staff shall consist of one chief of aides-de-camp, with the rank of brigadier general; to change the eligibilty requirement for the Assistant Adjutants General; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd C aid well Carr
Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Been of Bacon DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons
Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly
TUESDAY, JANUARY 22, 1963
219
Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Newton of Jenkins Newton of Colquitt
Odom Pafford Paris Parker Partridge Payton Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Rowland Russell Sangster Scarborough Sewell Shea Shuman Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham
Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs. :
Blalock of Coweta Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Causby Crummey Dicus Echols
Lane Lee of Clinch Lee of Clayton Lokey Mackay McClelland Nessmith Overby
Perry of Evans Pickard Roper Rutland Shaw Simpson Mr. Speaker
On the passage of the Bill, the ayes were 182, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Mackay of DeKalb was absent from the Hall of the House on official business, but stated had he been present when the roll was called he would have voted "Aye" on HB 9.
220
JOURNAL OF THE HOUSE,
By unanimous consent, HB 9 was ordered immediately transmitted to the Senate.
HB 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to repeal an Act, defining "Machinery for new and expanded industry or agriculture"; and for other pur poses.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd
Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy
Duncan of Fannin Duncan of Carroll Kchols Etheridge Flournoy Floyd Flynt Fowler of Douglas
Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin
TUESDAY, JANUARY 22, 1963
221
Jones of Muscogee Jordan of Ployd Jordan of Calhoun Keadle Kelly Keyton Killian Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Matthews of Clarke Matthews of Colquitt McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis
Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shea Shuman Simmons Sinclair
Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Watson Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs. :
Bell Black Brackin Brooks of Fulton Causby Crummey Dicus Fleming
Hurst King Lane Lokey Mackay McClelland McDonald Perry of Marion
Perry of Evans Shaw Simpson Singer Warren White Mr. Speaker
On the passage of the Bill, the ayes were 182, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
222
JOURNAL OF THE HOUSE,
Messrs. Lane of Bulloch and Mackay of DeKalb were absent from the Hall of the House on official business, but stated that had they been present at the time of the roll call, they would have voted "Aye" on HB 3.
By unanimous consent, HB 3 was ordered immediately transmitted to the Senate.
HB 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt the sale of machinery which is used in establishing new, or expanding the pro ductive capacity of existing plants; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin
Brantley Brown Busbee Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Davis Dean of Polk Deen of Bacon DeVane Dixon
Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale
TUESDAY, JANUARY 22, 1963
223
Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Ployd Jordan of Calhoun Keadle Keyton Killian King Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Mackay Matthews of Clarke Matthews of Colquitt
McCracken McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Evans Peterson Phillips Ponsell Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Rutland Scarborough
Sewell Shaw Shea Shunian Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Wilkes.
Those not voting were Messrs.:
Bagby Black Blalock of Clayton Branch Brooks of Oglethorpe Brooks of Fulton Bynum
Causby Conner Crummey Cullens Dicus Hill Kelly
Kirkland Lokey McClelland McDonald Melton Murphy Perry of Marion
224
Pickard Poole Rodgers Sangster
JOURNAL OF THE HOUSE,
Simmons Simpson Singer Smith of Emanuel
Stuckey White Mr. Speaker
On the passage of the Bill, the ayes were 172, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 4 was ordered immediately transmitted to the Senate.
HR 15-9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify, approve, and confirm the executive order of the Governor, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax on the sale and use of the Holy Bible until next meeting of the General Assembly.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman
Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin
Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler
TUESDAY, JANUARY 22, 1963
225
Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge
Fleming
Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hale Hall Harrell Harrington Harris Henderson
Hern don Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle
Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Mackay Matthews of Colquitt McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson
Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Blalock of Clayton Brooks of Oglethorpe
Brooks of Fulton Causby
Crummey Dicus
226
JOURNAL OF THE HOUSE,
Groover Lokey Matthews of Clarke McClelland McDonald Moore
Morgan of Gwinnett Payton Perry of Marion Phillips Rutland Simpson
Singer Story Stuckey Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 182, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 16-9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify, approve, and confirm the executive order of the Governor, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on purchases of tangible personal property and services for educational purposes; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair
Blalock of Coweta Blalock of Clayton Bolton Boweu of Randolph Bowen of Dawson Bowen of Toomb Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr
Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin
TUESDAY, JANUARY 22, 1963
227
Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian
King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch
Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Evans Peterson Phillips Ponsell Pope Poss Rainey
Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland
Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs. :
Brackin Brooks of Oglethorpe Brooks of Fulton
Causby Conner Crummey
Dicus Dorminy Hill
228
JOURNAL OF THE HOUSE,
Lokey McClelland McDonald Newton of Colquitt Payton
Perry of Marion Pickard Poole Rutland Simpson
Stuckey Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 183, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 8. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act", so as to increase the amount for which revenue bonds may be issued; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black
Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brown Busbee Bynum
Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk
TUESDAY, JANUARY 22, 1963
229
Been of Bacon DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Gibbons Greene Groover Hale Hall Harrell Harrington Harris Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert
Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Matthews of Clarke McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton
Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers
Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes William of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs. :
Brooks of Oglethorpe Brooks of Fulton Causby
Conger Crummey Dicus
Funk Griffin Henderson
230
JOURNAL OF THE HOUSE,
Hill Lokey Mackay Matthews of Colquitt McClelland
McDonald Moore Perry of Marion Pickard Simpson
Smith of Emanuel Stuckey Tucker of Burke Twitty Mr. Speaker
On the passage of the bill, the ayes were 181, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution creating the "Governor's Commission to improve Educa tion", to provide for appointment of members thereof and their tenure and expenses, to define the duties and powers of said Commission; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black
Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee
Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens
TUESDAY, JANUARY 22, 1963
231
Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton
Killian
King
Kirkland
Knight of Laurens
Knight of Berrien
Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell
Pope Poss
Rainey
Raulerson
Reaves
Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall
Wilson of Brantley
Wilson of Cobb
Woodward
Voting in the negative was Mr. Groover.
232
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Brooks of Fulton Causby Crummey Dicus Hill Lokey
McClelland Pickard Poole Rutland Simpson Singer
Smith of Emanuel Stuckey Underwood of
Montgomery Wells of Camden Mr. Speaker
On the adoption of the Resolution, the ayes were 187, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Groover of Bibb stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on HR 21-23.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:30 tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:30 tomorrow morning.
WEDNESDAY, JANUARY 23, 1963
233
Representative Hall, Atlanta, Georgia Wednesday, January 23, 1963
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 Reverend Norton Campbell, Pastor of the Dahlonega Methodist Church, Dahlonega, Georgia.
The roll was called and the following members answered to their names:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum
Byrd
Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner
Da vis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale
Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd
Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith
234
JOURNAL OF THE HOUSE,
Newton of Jenkins Newton of Colquitt Odom
Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Rowland
Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Ernanuel Smith fo Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Teague Todd Towson Tucker of Catoosa
Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
Mr. Clarke of Monroe, 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 23, 1963
235
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 15. By Senators Lee of the 47th, Knox of the 24th, Scott of the 23rd, Fuqua of the 22nd and Broun of the 46th:
A Resolution endorsing the further development of the Savannah River by the authorization and construction of a multi-purpose project at the Trotters Shoals site.
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 23. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution expressing appreciation for the open house at Athens; and for other purposes.
HR 24. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution expressing appreciation to the officials of the Georgia Institute of Technology; and for other purposes.
HR 25. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution expressing appreciation for the Institute for Legislators; and for other purposes.
HR 26. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution expressing appreciation for the dinner during the Insti tute for Legislators; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were read the first time, and referred to the Committees:
236
JOURNAL OF THE HOUSE,
HB 71. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act amending and revising the Charter for the City of Fitzgerald; and for other purposes.
Referred to the Committee on Local Affairs.
HB 72. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to create the Fitzgerald and Ben Hill County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 73. By Messrs. Williams of Hall, Ware of Troup, Smith of Whitfield, Story of Gwinnett, Henderson of Atkinson, Morgan of Gwinnett and others:
A Bill to be entitled an Act to amend an Act relating to ballots in primary elections and the qualification of candidates in primary elec tions, so as to provide that ballots shall be prepared so that voters may check the person for whom they desire to vote; and for other purposes.
Referred to the Committee on Judiciary.
HB 74. By Mr. Tabb of Miller:
A Bill to be entitled an Act to amend an Act establishing a city court in and for the County of Miller, so as to increase the salary for the city judge; and for other purposes.
Referred to the Committee on Local Affairs.
HB 75. By Messrs. Bell, Hull and Fleming of Richmond and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to discovery, depositions, interrogatories, as amended, so as to authorize the Clerk to dispose of interrogatories or depositions after the time has expired for filing motions for new trials and for filing bills of exception; and for other purposes.
Referred to the Committee on Judiciary.
HB 76. By Messrs. Parker of Screven, Keyton of Thomas, Lane of Bulloch, Newton of Jenkins, Arnsdorff of Effingham, Rogers of Charlton and others:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia, so as to change the method of calculating financial ability of local units of administration; and for other purposes.
Referred to the Committee on Education.
WEDNESDAY, JANUARY 23, 1963
237
HB 77. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that no certificate of title shall be required on any vehicle registered in another state; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 35-77. By Mr. Kirkland of Tattnall: A Resolution to compensate Henry C. Kennedy; and for other purposes.
Referred to the Committee on Appropriations.
HR 36-77. By Mr. Milhollin of Coffee: A Resolution to compensate Mrs. John Howard; and for other purposes.
Referred to the Committee on Appropriations.
HR 37-77. By Mr. Williams of Hall: A Resolution to compensate Mr. Tex Jones; and for other purposes.
Referred to the Committee on Appropriations.
HR 38-77. By Mr. Williams of Hall: A Resolution to compensate Mr. U. S. Reed; and for other purposes.
Referred to the Committee on Appropriations.
HR 39-77. By Mr. Williams of Hall: A Resolution to compensate W. L. West, Sr.; and for other purposes.
Referred to the Committee on Appropriations.
HR 40-77. By Messrs. Chandler and Harrington of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide scholarships for pharma ceutical students; and for other purposes.
Referred to the Committee on Appropriations.
HB 78. By Mr. Greene of Bartow:
A Bill to be entitled an Act to change the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide for a change in compensation for Sheriff's deputies; and for other purposes.
Referred to the Committee on Local Affairs.
238
JOURNAL OF THE HOUSE,
HB 79. By Mr. Greene 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 Sheriff, the Clerk of the Superior Court of such county, so as to change compensation of deputy clerk of Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 80. By Mr. Greene 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 Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to change the compensation received by the Ordinary for clerical help; and for other purposes.
Referred to the Committee on Local Affairs.
HB 81. By Mr. Greene 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, so as to change the compensation received by the Commissioner for clerical help; and for other purposes.
Referred to the Committee on Local Affairs.
HB 82. By Mr. Greene of Bartow:
A Bill to be entitled an Act to amend an Act to consolidate offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner of Bartow County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 83. By Mr. Greene 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 Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide that two automobiles and equipment be furnished the Sheriff's Office; and for other purposes.
Referred to the Committee on Local Affairs.
HB 84. By Messrs. Knight and Towson of Laurens:
A Bill to be entitled an Act to amend an Act to place the Clerk of the Superior Court of Laurens County and his deputies on a salary basis; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, JANUARY 23, 1963
239
HB 85. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A Bill to be entitled an Act to provide an alternative method, cumula tive to existing methods for extending municipal boundaries of munici palities having a population of 5,000 or more; and for other purposes.
Referred to the Committee on Judiciary.
HB 86. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A Bill to be entitled an Act to provide an alternative method, cumula tive to existing methods, for extending municipal boundaries of munici palities having a population of less than 5,000; and for other purposes.
Referred to the Committee on Judiciary.
HB 87. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A Bill to be entitled an Act to amend an Act relating to the negotia tion of contracts by the State Highway Director and/or the State Highway Department, to provide for the negotiation of contracts by the State Highway Director; and for other purposes.
Referred to the Committee on Highways.
HB 88. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A Bill to be entitled an Act to provide certain minimum standards prerequisite to the original incorporation of a municipality; and for other purposes.
Referred to the Committee on Judiciary.
HB 89. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating the office of Clerk of the Board of Commissioners of Roads and Revenues for Wayne County, so as to provide that the Clerk shall be appointed by the county administrator; and for other purposes.
Referred to the Committee on Local Affairs.
HB 90. By Mr. Warren of Wayne:
A Bill to be entitled an Act to create and establish the Jesup-Wayne County Airport Authority and to authorize such Authority to acquire, construct, equip, own, and improve airports and landing fields; and for other purposes.
Referred to the Committee on Local Affairs.
240
JOURNAL OF THE HOUSE,
HB 91. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act to place the compensation of the Sheriff and Clerk of Wayne County on a salary basis; and for other purposes.
Referred to the Committee on Local Affairs.
HB 92. By Messrs. Lowrey and Jordan of Floyd:
A Bill to be entitled an Act to provide for a supplement to the salary of the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 93. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend an Act relating to the course of study in the common or public schools, so as to provide that the Lord's Prayer shall be recited in classrooms of all common schools of this State; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 94. By Messrs. Killian and Isenberg of Glynn:
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 Brunswick shall not be affected by certain provisions; and for other purposes.
Referred to the Committee on Local Affairs.
HB 95. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide for the establishment of an academic junior college program as a part of the public school system of this State; and for other purposes.
Referred to the Committee on University System of Georgia.
HR 41-95. By Messrs. Fleming and Hull of Richmond, Woodward of Butts, Brantley of Candler, Roper of Green, Simpson of Wheeler and others:
A Resolution recommending the allocation of funds to the Board of Regents to be used for the initial planning, staffing, alteration, con struction, and operation of a Dental College in conjunction with the Medical College of Georgia, located in Augusta; and for other purposes.
Referred to the Committee on University System of Georgia.
WEDNESDAY, JANUARY 23, 1963
241
HB 96. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend an Act relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and County, so as to provide that the bond required on behalf of the county shall not exceed $50,000.00; and for other purposes.
Referred to the Committee on Ways and Means.
HB 97. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend an Act relating to the amount and conditions of bonds which tax collectors and tax commissioners are required to give on behalf of the State and County; and for other purposes.
Referred to the Committee on Ways and Means:
HB 98. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to change the compensation of the Coroner of Morgan County from a fee to a salary system; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 99. By Mr. Lambert of Morgan: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Madison, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 100. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act establishing a State Board of Education, so as to authorize the State Board of Education to make available instructional courses through the medium of educational tele vision, 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 49. By Mr. Watts of Talbot: A Bill to be entitled an Act to amend an Act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into 3 election districts; and for other purposes.
242
JOURNAL OF THE HOUSE,
HB 50. By Messrs. Scarborough of Crawford, Keadle of Lamar, Pope of Cherokee, Rainey of Crisp, Underwood of Taylor, and Baughman of Early and others:
A Bill to be entitled an Act to create the Georgia Board of Floral Designers; to provide for the appointment of members and to provide for their qualifications, terms, duties, powers and compensation; and for other purposes.
HB 51. By Messrs. Murphy of Haralson, Murphy of Haralson, Mixon of Irwin, Morgan of Gwinnett and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act relating to the definition of the practice of law, so as to provide for a new definition of the practice of law; and for other purposes.
HB 52. By Messrs. Pickard of Muscogee, Fowler of Douglas, Hale of Dade, Duncan of Carroll and Underwood of Montgomery: A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change the per diem expense allowance for members of said Board; and for other purposes.
HB 53. By Messrs. Odom and Lee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to deductions from gross income for income tax purposes, so as to provide for the deduction of Federal income taxes; and for other purposes.
HB 54. By Messrs. House of Bibb, Pope of Cherokee, Watson of Pike, Clarke of Monroe, and Busbee of Dougherty:
A Bill to be entitled an Act to provide that a prior period of residency in a territory afterwards annexed to a municipality shall be deemed residence within the municipality for the purpose of qualifying a person to hold office; and for other purposes.
HB 55. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act to create The Steamship "Savannah" Commission, a body corporate and politic and a public corporation of the State; and for other purposes.
HB 56. By Messrs. Richardson, Shea and Funk 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 extend to any official or employee who is covered under the provisions of any other system; and for other purposes.
WEDNESDAY, JANUARY 23, 1963
243
HB 57. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend an Act incorporating Andrew Female College, so as to change the term of office of Trustees; and for other purposes.
HB 58. By Messrs. Murphy of Haralson, Mixon of Irwin, Morgan of Gwinnett and Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act relating to additional duties of the Clerks of the Superior Courts, so as to provide that all instruments purporting to transfer or encumber title to real property shall have the name of the person preparing said instrument endorsed thereon; and for other purposes.
HB 59. By Messrs. Mixon of Irwin, Murphy of Haralson, Matthews of Colquitt and Morgan of Gwinnett:
A Bill to be entitled an Act to prohibit the imitation and simulation of legal process; to prohibit the circulation of any writing which imi tates or simulates a form of court or legal process; and for other purposes.
HB 60. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act relating to guardianship of insane or deaf and dumb persons and persons non compos mentis, so as to provide that an insane person may make gifts to his minor children; and for other purposes.
HB 61. By Mr. Rainey of Crisp: A Bill to be entitled an Act to provide that no county shall exact any fee for parking on any public street from a person who has been issued an automobile license tag in accordance with the Act relating to issuance of tags to disabled veterans; and for other purposes.
HB 62. By Mr. Rainey of Crisp: 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 having a population of not less than 17,650 and not more than 17,800; and for other purposes.
HB 63. By Mr. Rainey of Crisp: 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; and for other purposes.
244
JOURNAL OF THE HOUSE,
HB 64. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act relating to the Budget Bureau, relating to the State Budget Officer; and for other purposes.
HB 65. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act so as to provide a method for obtaining court approval of agreements for compensation for coun sel and expert witnesses employed by an administrator, executor, trustee or guardian; and for other purposes.
HB 66. By Mr. Rowland of Johnson: A Bill to be entitled an Act to amend an Act relating to extra compen sation for extraordinary services by administrators, so as to provide for the granting of such compensation only after petition, notice, and hearing; and for other purposes.
HB 67. By Mr. Ponsell 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 change the City limits of the City of Waycross; and for other purposes.
HB 68. By Mr. Ponsell of Ware: A Bill to be entitled an Act to consolidate and abolish the offices of the Tax Collector and Tax Receiver of Ware County; to create the office of the Tax Commissioner of Ware County; and for other pur poses.
HR 32-68. By Mr. Twitty of Mitchell: A Resolution authorizing the conveyance of certain State Property in the City of Atlanta, which is a part of the property commonly known as the Western and Atlantic Railroad property; and for other purposes.
HR 33-68. By Messrs. Richardson, Shea and Funk of Chatham: A Resolution authorizing the Georgia Forestry Commission to pay compensation to Mr. George W. Lott for damages to his trees, vines and azaleas caused by chemicals being sprayed on adjoining lands; and for other purposes.
HR 34-68. By Messrs. Fleming, Bell and Hull of Richmond: A Resolution providing for and authorizing the conveyance of certain State Property located in Richmond County; and for other purposes.
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245
HB 69. By Messrs. Echols of Upson and Paris of Barrow:
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, to provide procedures for determining which malt beverages shall not be sold in a county; and for other purposes.
HB 70. By Messrs. Paris of Barrow and Echols of Upson:
A Bill to be entitled an Act regulating malt beverages, so as to provide that the physical presence of 864 fluid ounces of malt beverages in a public place of business shall be prima facie evidence of possession of said beverages for sale; and for other purposes.
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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 45. Do Pass by Substitute.
HB 10. Do Pass.
HB 37. Do Pass.
Respectfully submitted,
Ballard of Newton,
Chairman.
Mr. Hale of Dade 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 18. Do Pass. HB 49. Do Pass. HB 55. Do Pass. HB 62. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
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The following Resolutions were read and adopted:
HR 50. By Mr. Milford of Franklin:
A RESOLUTION
Extending- an invitation to attend the dedication of the Wilton Hall Bridge; and for other purposes.
WHEREAS, on April 17, 1963, at 1:00 P.M., the bridge on Inter state 85 spanning the Seneca River shall be dedicated and designated as the Wilton Hall Bridge; and
WHEREAS, following said ceremonies a barbecue will be provided for the guests attending the festivities; and
WHEREAS, our sister State of South Carolina has provided by appropriate resolution for the invitation of the Governor, State House officials, and various State dignitaries and officials to attend the cere monies; and
WHEREAS, it is desirable for the State of Georgia to be repre sented at said dedication.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that the Honorable Carl E. Sanders, the vari ous department heads, members of the General Assembly, members of the State Highway Board and highway officials are cordially invited to attend the ceremonies and participate in the dedication of the Wilton Hall Bridge.
HR 51. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Andrews of Stephens and Busbee of Dougherty:
A RESOLUTION
Honoring the Mayor and other municipal officials and employees of Georgia; and for other purposes.
WHEREAS, there are hundreds of municipal officials who daily contribute to the progress of our State through the exemplary perform ance of their responsibilities, both great and small; and,
WHEREAS, these municipal officials, charged with the task of meeting the increasing challenges of municipal government, are execut ing their trust in a manner dedicated to improving municipal govern ment; and,
WHEREAS, it is proper to recognize the contribution they are making to the People of Georgia; and,
WEDNESDAY, JANUARY 23, 1963
247
WHEREAS, His Excellency, Governor Carl Sanders has proclaimed January 23, 1963, as GEORGIA MAYORS' DAY,
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives of Georgia that we join in honoring these dedicated public servants on this Fourth Annual Mayors' Day.
Under the General Order of Business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 20-23. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A RESOLUTION
Proposing; an Amendment to Article XI of the Constitution of Georgia, so as to prescribe more democratic provisions for the merger, consolidation and division of counties; to provide for the submission of this Amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraphs IV and V of the Constitution, relating to the consolidation, merger, division and dissolution of coun ties, are hereby repealed, and the following substituted in lieu thereof:
"Paragraph IV. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting there on in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; Provided however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum (20%) of the duly qualified voters of such county, seeking- such merger, consolidation or division, it shall be the duty of such ordinary to transmit certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be
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held not later than sixty (60) days, and not sooner than thirty (30)
days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however,
that only one such election shall be called by the Governor within any twelve month period. The ordinaries of each county shall con
duct the election, canvass the returns, and certify the results there of to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be pre scribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51% of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Paragraph IX hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this paragraph by law."
SECTION 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 more democratic provisions for the merger, consolidation and division of counties."
"Against ratification of amendment to the Constitution so as to provide more democratic provisions for the merger, consolidation and division of counties."
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
WEDNESDAY, JANUARY 23, 1963
249
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 State of Republic Committee moves to amend HR 20-23 as follows:
By adding at the end of the second sentence of Paragraph IV the following: "Provided, however, that only one such election shall be called by the Governor within any twelve month period.", so that when so amended Paragraph IV shall read as follows:
"Paragraph IV. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; Provided, however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum (20%) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such peti tion, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve month period. The ordinaries of each county shall con duct the election, canvass the returns, and certify the results there of to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be pre scribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. The members of the General Assembly from all such counties shall serve out the re mainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Para graph IX hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or divi-
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sion, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further imple ment this paragraph by law."
The following amendment was read and adopted:
Mr. Bagby of Paulding moves to amend HR 20-23 as follows: By adding at the end of Section I the following language:
"Provided however, any election held hereunder shall be de clared null and void unless 51% of the registered voters of the por tion or portions of the counties affected shall have voted in said election."
The previous question was ordered.
The main question was ordered.
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 Acree Alien Andrews Bagby Barber Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brantley Busbee Byrd
Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols
Etheridge Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Groover Hale Hall Harrington Harris Horton House Houston Hull
WEDNESDAY, JANUARY 23, 1963
251
Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Ployd Jordan of Calhoun Keadle Killian Kirkland Knight of Laurens Laite Lane Lee of Clayton Lee of Dougherty Lowrey Mackay Matthews of Clarke McDonald McGarity McKemie Melton Milhollin
Mitchell Moore Morgan of Gwinnett Murphy Newton Odom Overby Paris Parker Payton Peterson Phillips Pickard Ponsell Poole Pope Poss Richardson Roberts Roper Rutland Sangster Sewell Shea Simmons
Sinclair Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Story Stuckey Teague Towson Tucker of Catoosa Twitty Underwood of
Montgomery Waldrop Walker Ware Watson Watts Wells of Peach Wilkes Williams of Coffee Williams of Hall
Those voting in the negative were Messrs.:
Anderson Arnsdorff Ballard Baughman Bowen of Dawson Brackin Brooks of Oglethorpe Conger Deen of Bacon DeVane Griffin Harrell Henderson Herndon Hill Hurst Kelly Keyton King Knight of Berrien
Lambert Lee of Clinch Leonard Lewis Lindsey Matthews of Colquitt McCracken Meeks Milford Mixon Moate Morgan of Newton Mullis Nessmith Newton of Colquitt Pafford Partridge Perry of Marion Perry of Evans Rainey
Raulersori Reaves Rhodes Rodgers Rowland Russell Shuman Simpson Tabb Todd Tucker of Burke Vaughn Warren Wells of Oconee Wells of Camden White Wilson of Brantley Woodward
Those not voting were Messrs.:
Black Brooks of Fulton Brown
Bynum Conner Crummey
Flynt Greene Logan
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Lokey McClelland Scarborough Shaw
JOURNAL OF THE HOUSE,
Singer Smith of Forsyth Smith of Telfair Smith of Emanuel
Snow Underwood of Taylor Wilson of Cobb
On the adoption of the Resolution, as amended, the ayes were 126, nays 58.
The Resolution, having failed to receive the requisite constitutional twothirds majority, was lost.
Mr. Bolton of Spalding served notice that at the proper time he would ask that the House reconsider its action in failing to give HR 20-23 the requisite con stitutional two-thirds majority.
Mr. Ballard of Newton, stated that he voted under a misapprehension and would like to be recorded as voting "Aye" on HR 20-23.
Messrs. Bynum of Rabun, and Scarborough of Crawford stated that they were called from the Hall of the House on official business at the time the roll was called, but had they been present, they would have voted "Nay" on HR 20-23.
Mr. Smith of Telfair stated that he was called from the Hall of the House on official business at the time the roll was called, but had he been present, he would have voted "Aye" on HR 20-23.
Mr. Brantley of Candler and Watts of Talbot stated that they voted under a misapprehension and would like to be recorded as voting "Nay" on HR 20-23.
HB 2. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A Bill to be entitled an Act to amend the Current Income Tax Payment Act of 1960, to provide for the filing of declarations of estimated income tax by certain corporations; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend the Current Income Tax Payment Act of I960 (Ga. Laws I960, p. 7 et seq.), so as to require the filing of declarations of estimated income tax by certain corporations; to set
WEDNESDAY, JANUARY 23, 1963
253
forth the time when such declarations must be filed; to require install ment payments of the estimated tax set forth in said declarations; to provide that payments of estimated tax shall be allowed as credits against income taxes; to provide for additions to the income tax imposed under Code Section 92-3102 for failure by corporations to pay estimated income tax; to prescribe civil and criminal penalties for the enforce ment of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Current Income Tax Payment Act of 1960, ap proved January 28, 1960 (Ga. Laws 1960, p. 7 et seq.), is hereby amended by inserting at the end of Section 18 thereof a new Section to provide as follows:
"Section ISA. Declaration of Estimated Income Tax by Cor porations.
"(1) Every domestic and foreign corporation subject to tax ation under the provisions of Code Section 92-3102, as amended, shall make a declaration of estimated tax for the taxable year if its net income for such taxable year, as defined in Code Section 92-3113, as amended, can reasonably be expected to exceed TwentyFive Thousand Dollars.
"(2) Estimated Tax.--For purposes of this Act the term 'esti mated tax' means the amount which the corporation estimates as the amount of income tax imposed by Section 92-3102 of the Code of Georgia of 1933, as amended, less the amount which the cor poration estimates as the sum of credits allowable by law against such tax.
"(3) Contents of Declaration.--The declaration shall contain such pertinent information as the State Revenue Commissioner may by forms or regulations prescribe.
"(4) Amendment of Declaration.--A corporation may make amendments of a declaration filed during the taxable year under regulations prescribed by the State Revenue Commissioner.
"(5) Short Taxable Years.--A corporation with a taxable year of less than twelve months shall make a declaration in accordance with regulations prescribed by the State Revenue Commissioner."
Section 2. Said Current Income Tax Payment Act of 1960, is here by further amended by inserting at the end of Section 19 thereof a new Section to provide as follows:
"Section 19A. Time for Filing Declarations of Estimated In come Tax by Corporations.
"(1) General Rule.--The declaration of estimated tax required of corporations by Section 18A of this Act shall be filed on or be-
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fore the 15th day of the fourth month of the taxable year, except that if the requirements of Section ISA are first met after the last day of the third month and before the first day of the sixth month of the taxable year, the declaration shall be filed on or before the 15th day of the six month of the taxable year; or after the last day of the fifth month and before the first day of the ninth month of the taxable year, the declaration shall be filed on or before the 15th day of the ninth month of the taxable year; or after the last day of the eighth month of the taxable year, the declaration shall be filed on or before the 15th day of the first month of the succeed ing taxable year.
"(2) Amendment.--An amendment of a declaration may be filed in any interval between installment payment dates prescribed for that taxable year.
"(3) Extcntion of Time.--The State Revenue Commissioner, or his delegate, may grant a reasonable extension of time, not to exceed thirty days for filing the aforesaid declaration.
"(4) Short Taxable Years.--The application of this Section to taxable years of less than twelve months shall be in accordance with regulations prescribed by the State Revenue Commissioner."
Section 3. Said Current Income Tax Payment of 1960, is hereby further amended by inserting at the end of Section 20 thereof a new Section to provide as follows:
"Section 20A. Installment Payments of Estimated Tax by Corporations.
"(1) General.--The amount of estimated tax as defined in Section ISA with respect to which a declaration is required under Section 19A shall be paid as follows:
"(a) If the declaration is filed on or before the 15th day of the fourth month of the taxable year, the estimated tax shall be paid in four equal installments. The first installment shall be paid at the time of the filing of the declaration, the second and third on the 15th day of the sixth month and the 15th day of the ninth month, respectively, of the taxable year and the fourth on the 15th day of the first month of the succeeding taxable year.
"(b) If the declaration is filed after the loth day of the fourth month and not after the 15th day of the sixth month of the taxable year, and is not required by Section 19A to be filed on or before the 15th day of the fourth month of the taxable year, the estimated tax shall be paid in three equal installments. The first installment shall be paid at the time of the filing of the declaration, the second on the 15th day of the ninth month of the taxable year, and the third on the 15th day of the first month of the succeeding taxable year.
WEDNESDAY, JANUARY 23, 1963
255
"(c) If the declaration is filed after the 15th day of the sixth month and not after the 15th day of the ninth month of the taxable year, and is not required by Section 19A to be filed on or before the 15th day of the sixth month of the taxable year, the estimated tax shall be paid in two equal installments. The first installment shall be paid at the time of the filing of the declaration, and the second on the 15th day of the first month of the succeeding taxable year.
"(d) If the declaration is filed after the 15th day of the ninth month of the taxable year, and is not required by Section 19A to be filed on or before the 15th day of the ninth month of the taxable year, the estimated tax shall be paid in full at the time of the filing of the declaration.
"(e) If the declaration is filed after the time prescribed in Section 19A (including cases in which an extension of time for fil ing the declaration has been granted) :
"Paragraphs (b), (c), and (d) of this sub-section shall not apply, and there shall be paid at the time of such filing all install ments of estimated tax which would have been payable on or before such time if the declaration had been filed within the time prescribed in Section 19A, and the remaining installments shall be paid at the times at which, and in the amounts in which, they would have been payable if the declaration had been so filed.
"(2) Amendments of Declaration.--If any amendment of a declaration is filed, the remaining installments, if any, shall be ratably increased or decreased, as the case may be, to reflect the increase or decrease, as the case may be, in the estimated tax by reason of such amendment, and if any amendment is made after the 15th day of the ninth month of the taxable year, any increase in the estimated tax by reason thereof shall be paid at the time of making such amendment.
"(3) Application to Short Taxable Years.--The application of this section to taxable years of less than twelve months shall be in accordance with regulations prescribed by the State Revenue Commissioner.
"(4) Installments Paid in Advance.--At the election of the corporation, any installment of the estimated tax may be paid prior to the date prescribed for its payment."
Section 4. Said Current Income Tax Payment Act of 1960, is here by further amended by striking Section 21 therefrom in its entirety and inserting in lieu thereof a new Section 21 which shall provide as follows:
"Section 21. Payments of Estimated Income Tax.
"Payment of the estimated income tax, or any installment there of, shall be considered payment on account of the income tax im-
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JOURNAL OF THE HOUSE,
posed for the taxable year by Code Section 92-3101, or, in the case of corporations, by Code Section 92-3102."
Section 5. Said Current Income Tax Payment Act of 1960 is hereby further amended by inserting at the end of Section 22 thereof a new section to provide as follows:
"Section 22A. Failure by corporation to pay estimated income tax.
"(1) Addition to the tax.--In case of any underpayment of estimated tax by a corporation, except as provided in subsection (4), there shall be added to the tax under Code Section 92-3102 for the taxable year an amount determined at the rate of 6 percent per annum upon the amount of the underpayment (determined under subsection (2)) for the period of the underpayment (determined under subsection (3)).
"(2) Amount of underpayment.--For purposes of subsection (1), the amount of the underpayment shall be the excess of--
"(a) The amount of the installment which would be required to be paid if the estimated tax were equal to 70 percent of the tax shown on the return for the taxable year or, if no return was filed, 70 percent of the tax for such year, over
"(b) The amount, if any, of the installment paid on or before the last date prescribed for payment.
"(3) Period of underpayment.--The period of the underpay ment shall run from the date the installment was required to be paid to whichever of the following dates is the earlier--
"(a) The 15th day of the fourth month following the close of the taxable year.
" (b) With respect to any portion of the underpayment the date on which such portion is paid. For purposes of this paragraph, a payment of estimated tax on the 15th day of the first month of the succeeding taxable year shall be considered a payment of any previous underpayment only to the extent such payment exceeds the amount of the installment determined under subsection (2) (a) for the 15th day of the first month of the succeeding taxable year.
"(4) Exception.--Notwithstanding the provisions of the pre ceding subsections, the addition to the tax with respect to any under payment of any installment shall not be imposed if the total amount of all payments of estimated tax made on or before the last date prescribed for the payment of such installment equals or exceeds the amount which would have been required to be paid on or before such date if the estimated tax were whichever of the following is the lesser--
WEDNESDAY, JANUARY 23, 1963
257
"(a) The tax shown on the return of the corporation for the preceding taxable year, if a return showing a liability for tax was filed by the corporation for the preceding taxable year and such preceding year was a taxable year of 12 months.
"(b) An amount equal to the tax computed at the rates ap plicable to the taxable year but otherwise on the basis of the facts shown on the return of the corporation for, and the law applicable to, the preceding taxable year.
"(c) An amount equal to 70 percent of the tax for the taxable year computed by placing on an annualized basis the taxable in come for the months in the taxable year ending before the month in which the installment is required to be paid. For purposes of this subparagraph, the taxable income shall be placed on an annual ized basis by--
"(i) Multiplying by 12 (or, in the case of a taxable year of less than 12 months, the number of months in the taxable year) the taxable income for the months in the taxable year ending be fore the month in which the installment is required to be paid.
"(ii) dividing the resulting amount by the number of months in the taxable year ending before the month in which such install
ment date falls.
"(d) Tax computed after application of credits against tax.-- For purposes of subsections (2) and (4), the term "tax" means the tax imposed by Code Section 93-3102 reduced by the credits against such tax allowed by law.
" (e) Short taxable year.--The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Commissioner."
Section 6. Said Current Income Tax Payment Act of 1960, is here by further amended by striking paragraphs (a) and (b) of Section 23 therefrom in their entirety and inserting in lieu thereof new paragraphs (a) and (b) which shall provide as follows:
"(a) Credit Against Income Tax.--The amount of estimated tax paid under this Act for any taxable year shall be allowed as a credit to the taxpayer against such taxpayer's income tax lia bility under Code Sections 92-3101 or 92-3102 for said taxable year.
"(b) Underpayment.--To the extent that the aforesaid credit, together with other credits allowed by law, is less than the amount of the taxpayer's income tax liability for said taxable year, the amount of such underpayment shall be paid on or before the date prescribed by law for filing income tax returns for said taxable year and shall be delinquent and past due after said date."
Section 7. Said Current Income Tax Payment Act of 1960 is here-
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by further amended by adding at the end of Section 30 thereof a new paragraph (f) of said Section 30 to provide as follows:
"(f) Failure of Corporation to File Declaration of Estimated Tax.
"If any corporation is required under this Act to file a declara tion of estimated tax for any taxable year at any time on or before the 15th day of the succeeding taxable year; and if said corpora tion shall fail to file any declaration, although such declaration may be otherwise late, prior to the end of the 15th day of such succeeding taxable year; there shall be assessed as a penalty against said corporation an amount equal to 5% of the income tax im posed on said corporation for said taxable year under the provisions of Code Section 92-3102; provided, however, that the State Revenue Commissioner shall have the power to waive the penalty provided in this paragraph (f) if it is shown to his satisfaction that such failure to file said declaration is due to reasonable cause and not to willful neglect."
Section 8. Said Current Income Tax Payment Act of 1960, is here by further amended by adding at the end of Section 31 thereof a new paragraph (g) of said Section 31 to provide as follows:
"(g) Willful Failure to File Corporate Declaration or to Pay Estimated Tax on Such Declaration.
"Any officer, director or employee of any corporation required under this Act, or regulations pursuant thereto, to file any declara tion of estimated tax, who shall be willfully responsible for the failure of said corporation to either file said declaration or to pay any installment of estimated tax due thereunder, or both, shall, in addition to other penalties provided by law, be guilty of a mis demeanor for each such failure."
Section 9. Repeal. Sub-sections (b) and (c) of Code Section 92-3301, as amended by an Act approved March 17, 1960 (Ga. Laws 1960, pp. 1005 et. seq.), are hereby repealed, and all laws and parts of laws in conflict with this law are repealed.
Section 10. Partial Unconstitutionality. Should any provision of this Act be held unconstitutional by a court of competent jurisdiction, it shall not vitiate the remaining provisions, but all such remaining pro visions shall be given full force and effect.
Section 11. Effective Date. The first declaration of estimated tax and installment payment thereon shall be due on or before the 15th day of the fourth month of taxable years beginning after December 31,
1962.
The previous question was ordered.
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259
The main question was ordered.
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 Acree Alien Anderson Arnsdorff Bagby Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brown Busbee Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk DeVane Dicus Dixon Dorminy
Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Calhoun Kelly Killian King Kirkland Knight of Laurens Laite Lambert Lee of Clayton Lee of Dougherty Leonard
Lewis Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McKemie Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Newton of Colquitt Pafford Paris Parker Partridge Payton Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland
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JOURNAL OP THE HOUSE,
Sangster Sewell Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Emanuel Smith of Habersham Smith of Whitfield Stalnaker
Steis Story Stuckey Tabb Teague Todd Towson Underwood of
Montgomery Underwood of Taylor Waldrop Walker
Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Keyton Lindsey
Murphy Odom
Scarborough
Those not voting were Messrs.:
Ballard Branch Brooks of Fulton Bynum Conner Crummey Been of Bacon Flynt Fulford Horton Hurst Jones of Forsyth Jones of Muscogee Jordan of Floyd
Keadle Knight of Berrien Lane Lee of Clinch Logan Lokey McClelland McGarity Meeks Moate Overby Perry of Marion Pickard Russell
Rutland Shaw Singer Smith of Telfair Snow Spikes Tucker of Catoosa Tucker of Burke Twitty Vaughn Watson Wilkes Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 159, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Bynum of Rabun stated that he was called from the Hall of the House on official business at the time the roll was called, but had he been present he would have voted "Nay" on HB 2.
Mr. Overby of Hall stated that he was called from the Hall of the House on official business at the time the roll was called, but had he been present he would have voted "Aye" on HB 2.
WEDNESDAY, JANUARY 23, 1963
261
HB 10. By Mr. Walker of Lowndes:
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 for vehicles; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brown Busbee Byrd Caldwell Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee
Coker of Turner Conger Davis Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill
Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Kelly Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lowrey Mackay Matthews of Clarke McCracken McDonald McGarity McKemie
262
JOURNAL OF THE HOUSE,
Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell
Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Sangster Sewell Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes
Stalnaker Steis Story Tabb Teague Todd Towson Underwood of
Montgomery Underwood of Tayloi Waldrop Walker Ware Warren Watts Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Cullens Lindsey
Murphy
Wells of Peach
Those not voting were Messrs.:
Ballard Bell Bowen of Randolph Brantley Brooks of Fulton Bynum Carr Conner Crummey Deen of Bacon Dicus Hale Johnson of Warren
Jones of Liberty Jones of Muscogee Keadle Keyton Laite Lee of Clinch Logan Lokey Matthews of Colquitt McClelland Meeks Pickard Russell
Rutland Scarborough Shaw Singer Smith of Telfair Stuckey Tucker of Catoosa Tucker of Burke Twitty Vaughn Watson Mr. Speaker
On the passage of the Bill, the ayes were 163, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 23, 1963
263
Mr. Wells of Oconee stated that he voted under a misapprehension and would like to be recorded as voting "Aye" on HB 10.
HB 45. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide that vehicles used solely for the purpose of transporting logs or portions of trees from one cutting site to another shall not be required to be licensed under this act; and for other pur poses.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act relating to motor vehicle licenses, approved December 24, 1937 (Ga. Laws 1937-38 Ex. Sess., p. 259), as codified in Section 92-2902 of the Code of Georgia, as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 998), so as to provide that vehicles used solely for the purpose of trans porting logs or portions of trees exclusively within the woods shall not be required to be licensed under 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 motor vehicle licenses approved December 24, 1937 (Ga. Laws 1937-38 Ex. Sess., p. 259), as codified in Section 92-2902 of the Code of Georgia, as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 998), is hereby amended by adding a new subparagraph to be numbered "(17)", and to read as follows:
"(17). Vehicles used solely for the purpose of transporting logs or portions of trees, within the woods, and which are used on the public streets, roads and highways of this State only for the purpose of moving said vehicles from one cutting site to another shall not be required to be licensed under this Act. Provided, how ever, that should said vehicle transport cargo of any nature on the public streets, roads or highways of this State, said vehicle shall not be exempt from said license as provided in this para graph."
SECTION 2
All laws and part of laws in conflict with this Act are hereby repealed.
Mr. Killian of Glynn moved that HB 45 be tabled.
264
JOURNAL OF THE HOUSE,
On the motion to table HB 45, the ayes were 44, nays 78.
The motion to table HB 45 was lost.
Mr. Floyd of Chattooga moved that the House adjourn until 10:00 tomorrow morning but then requested that the motion be withdrawn.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Byrd Caldwell Carr
Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Da vis Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Treutlen Fulford Funk Gibbons Hall
Harrell Harrington Harris Henderson Herndon Hill Horton House Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Keadle Kelly Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane
WEDNESDAY, JANUARY 23, 1963
265
Lee of Dougherty Leonard Lewis Lindsey Mackay Matthews of Colquitt McCracken McDonald McGarity McKemie Meeks Milford Milhollin Mixon Moate Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Odom Overby Pafford Paris Partridge Payton
Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Sangster Sewell Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham
Snow Steis Story Stuckey Tabb Teague Todd Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Walker Watson Watts Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Bedgood Floyd Greene Hale Houston Jordan of Floyd
Jordan of Calhoun Lowrey Matthews of Clarke Mitchell Moore Murphy
Poss Smith of Whitfield Spikes Waldrop Ware Warren
Those not voting were Messrs.:
Bolton Brackin Brantley Brooks of Fulton Bynum Causby Conner Crummey Deen of Bacon Dicus Fowler of Douglas Griffin Groover
Jones of Liberty Jones of Muscogee Keyton Lee of Clinch Lee of Clayton Logan Lokey McClelland Melton Newton of Colquitt Parker Pickard Rowland
Russell Rutland Scarborough Shaw Singer Stalnaker Tucker of Catoosa Twitty Vaughn Wells of Peach Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 150, nays 18.
266
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker presented Honorable Roswell Hare, Mayor of Buena Vista, and President of the Georgia Municipal Association, who briefly addressed the House.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 tomorrow morning.
THURSDAY, JANUARY 24, 1963
267
Representative Hall, Atlanta, Georgia Thursday, January 24, 1963
The House met pursuant to adjournment at 10:00 o'clock a.m. this day and was called to order by the Speaker.
Representative C. P. Watson of Pike County recited the scripture and the prayer was offered by Reverend Norton Campbell, Pastor of the Dahlonega Methodist Church, Dahlonega, Ga.
The roll call was ordered and the following members answered to their names:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner
Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren
Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate
268
JOURNAL OF THE HOUSE,
Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy
Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes
Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey
Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Mr. Clarke of Monroe, 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.
THURSDAY, JANUARY 24, 1963
269
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 read the first time and referred to the Committees:
HB 101. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts of the General Assembly pertaining to the City of Cuthbert, in the County of Randolph; and for other purposes.
Referred to the Committee on Local Affairs.
HB 102. By Messrs. Lane of Bulloch, Parker of Screven, Shuman of Bryan, Nessmith of Bulloch, Bowen of Toombs, Fleming of Richmond and others:
A Bill to be entitled an Act to place all sheriffs in this State on a salary basis, in lieu of a fee basis; to provide for the disposition of fees; and for other purposes.
Referred to the Committee on Industry.
HB 103. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act establishing an Employees Retirement System for State employees, so as to provide for full retire ment benefits after thirty-five years of service; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 104. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the definition of barbering and hairdressing, so as to exempt certain activities from the regulation of the State Board of Examiners; and for other purposes.
Referred to the Committee on Judiciary.
HB 105. By Messrs. Parker of Screven, Lane of Bulloch, Kirkland of Tattnall, Newton of Jenkins, Davis of Heard, Simpson of Wheeler and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act relating to persons able to contract marriage; and for other purposes.
Referred to the Committee on Judiciary.
270
JOURNAL OF THE HOUSE,
HB 106. By Mr. Steis of Harris.
A Bill to be entitled an Act to amend an Act relating to the capacity of persons to contract marriage, so as to provide that underage unwed parents of a living child may contract for marriage; and for other purposes.
Referred to the Committee on Judiciary.
HB 107. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to the transaction of business with Ordinaries, so as to provide for the closing of the Ordinary's Office for two half days per week; and for other purposes.
Referred to the Committee on Judiciary.
HR 42-107. By Mr. Dean of Polk:
A Resolution proposing an amendment to the Constitution so as to create the Rockmart Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 43-107. By Mr. Hall of Lee: A Resolution to compensate Mr. James McBride; and for other purposes.
Referred to the Committee on Appropriations.
HR 44-107. By Messrs. Perry of Marion and King of Chattahoochee:
A Resolution to designate a highway as the Clarke W. Duncan Highway; and for other purposes.
Referred to the Committee on Highways:
HR 45-107. By Messrs. Teague, Flournoy and Wilson of Cobb: A Resolution compensating Mrs. Mollie B. Lane; and for other purposes.
Referred to the Committee on Appropriations.
HR 46-107. By Mr. McCracken of Jefferson: A Resolution to compensate Edsel Scarboro; and for other purposes.
Referred to the Committee on Appropriations.
HR 47-107. By Messrs. Overby and Williams of Hall:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of Hall County; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, JANUARY 24, 1963
271
HR 48-107. By Messrs. Smith and Mitchell of Whitfield:
A Resolution proposing an amendment to the Constitution so as to pro vide for an increase in the homestead exemption for certain persons; and for other purposes.
Referred to the Committee on Ways and Means.
HR 49-107. By Mr. Pickard of Muscogee: A Resolution to compensate Mrs. Richard L. Bell; and for other purposes.
Referred to the Committee on Appropriations.
HB 108. By Mr. Pickard of Muscogee:
A Bill to be entitled an Act to control and regulate the Communist Conspiracy of this State; to define certain terms; and for other purposes.
Referred to the Committee on Judiciary.
HB 109. By Mr. Pickard of Muscogee:
A Bill to be entitled an Act to identify, regulate and control distribution of Communist political propaganda; to define Communist propaganda; and for other purposes.
Referred to the Committee on Judiciary.
HB 110. By Messrs. Towson and Knight of Laurens:
A Bill to be entitled an Act to create the City of Dublin and County of Laurens Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 52-110. By Mr. Hill of Meriwether: A Resolution to compensate Mrs. Homer Smith; and for other purposes.
Referred to the Committee on Appropriations.
HR 53-110. By Mr. Hill of Meriwether: A Resolution to compensate Mrs. L. R. Collins; and for other purposes.
Referred to the Committee on Appropriations.
HR 54-110. By Mr. Fowler of Douglas: A Resolution authorizing the placing of a monument at Kennesaw Mountain National Battle Park; and for other purposes.
Referred to the Committee on Appropriations.
272
JOURNAL OF THE HOUSE,
HR 55-110. By Mr. Fowler of Douglas:
A Resolution authorizing the microfilming and indexing of Confederate pension records; and for other purposes.
Referred to the Committee on Appropriations.
HB 111. By Messrs. Keyton and Russell of Thomas:
A Bill to be entitled an Act to amend the Charter of the City of Thomasville, so as to provide for the method of electing members to the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 112. By Mr. Dean of Polk:
A Bill to be entitled an Act to authorize excused absences from the public schools for those children serving as pages for the General Assembly of Georgia during the school year; and for other purposes.
Referred to the Committee on Education.
HB 113. By Messrs. Rutland, Mackay and Harris of DeKalb:
A Bill to be entitled an Act to provide for the grant of a legislative charter to the City of North Atlanta in the County of DeKalb under the name and sytle of the City of North Atlanta; 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 71. By Mr. Dorminy of Ben Hill: A Bill to be entitled an Act to amend an Act amending and revising the Charter for the City of Fitzgerald; and for other purposes.
HB 72. By Mr. Dorminy of Ben Hill: A Bill to be entitled an Act to create the Fitzgerald and Ben Hill County Development Authority; and for other purposes.
HB 73. By Messrs. Williams of Hall, Ware of Troup, Smith of Whitfield, Story of Gwinnett, Henderson of Atkinson, Morgan of Gwinnett and others: A Bill to be entitled an Act to amend an Act relating to ballots in primary elections and the qualification of candidates in primary elections, so as to provide that ballots shall be prepared so that voters may check the person for whom they desire to vote; and for other purposes.
THURSDAY, JANUARY 24, 1963
273
HB 74. By Mr. Tabb of Miller:
A Bill to be entitled an Act to amend an Act establishing a city court in and for the County of Miller, so as to increase the salary for the city judge; and for other purposes.
HB 75. By Messrs. Bell, Hull and Fleming of Richmond and Matthews of Clarke: A Bill to be entitled an Act to amend an Act relating to discovery, depositions, interrogatories, as amended, so as to authorize the Clerk to dispose of interrogatories or depositions after the time has expired for filing motions for new trials and for filing bills of exception; and for other purposes.
HB 76. By Messrs. Parker of Screven, Keyton of Thomas, Lane of Bulloch, Newton of Jenkins, Arnsdorff of Effingham, Rogers of Charlton and others: A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia, so as to change the method of calculating financial ability of local units of administration; and for other purposes.
HB 77. By Mr. Duncan of Carroll: A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that no certificate of title shall be required on any vehicle registered in another state; and for other purposes.
HR 35-77. By Mr. Kirkland of Tattnall: A Resolution to compensate Henry C. Kennedy; and for other purposes.
HR 36-77. By Mr. Milhollin of Coffee: A Resolution to compensate Mrs. John Howard; and for other purposes.
HR 37-77. By Mr. Williams of Hall: A Resolution to compensate Mr. Tex Jones; and for other purposes.
HR 38-77. By Mr. Williams of Hall: A Resolution to compensate Mr. U. S. Reed; and for other purposes.
HR 39-77. By Mr. Williams of Hall: A Resolution to compensate W. L. West, Sr., and for other purposes.
274
JOURNAL OF THE HOUSE,
HR 40-77. By Messrs. Chandler and Harrington of Baldwin:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide scholarships for pharma ceutical students; and for other purposes.
HB 78. By Mr. Greene of Bartow:
A Bill to be entitled an Act to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide for a change in compensation for Sheriff's deputies; and for other purposes.
HB 79. By Mr. Greene 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 Sheriff, the Clerk of the Superior Court of such county, so as to change compensation of deputy clerk of Superior Court; and for other purposes.
HB 80. By Mr. Greene 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 Sheriff, the Clerk of the Su perior Court and the Ordinary of such county, so as to change the compensation received by the Ordinary for clerical help; and for other purposes.
HB 81. By Mr. Greene 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, so as to change the compensation received by the Commissioner for clerical help; and for other purposes.
HB 82. By Mr. Greene of Bartow:
A Bill to be entitled an Act to amend an Act to consolidate offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner of Bartow County; and for other purposes.
HB 83. By Mr. Greene 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 Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide that two automobiles and equipment be furnished the Sheriff's Office; and for other purposes.
THURSDAY, JANUARY 24, 1963
275
HB 84. By Messrs. Knight and Towson of Laurens:
A Bill to be entitled an Act to amend an Act to place the Clerk of the Superior Court of Laurens County and his deputies on a salary basis; and for other purposes.
HB 85. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A Bill to be entitled an Act to provide an alternative method, cumulative to existing methods for extending municipal boundaries of municipalities having a population of 5,000 or more; and for other purposes.
HB 86. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Chandler:
A Bill to be entitled an Act to provide an alternative method, cumulative to existing methods, for extending municipal boundaries of municipalities having a population of less than 5,000; and for other purposes.
HB 87. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Chandler:
A Bill to be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State Highway Department, to provide for the negotiation of contracts by the State Highway Director; and for other purposes.
HB 88. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Chandler:
A Bill to be entitled an Act to provide certain minimum standards pre requisite to the original incorporation of a municipality; and for other purposes.
HB 89. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating the office of Clerk of the Board of Commissioners of roads and revenues for Wayne County, so as to provide that the Clerk shall be appointed by the county ad ministrator; and for other purposes.
HB 90. By Mr. Warren of Wayne:
A Bill to be entitled an Act to create and establish the Jesup-Wayne County Airport Authority and to authorize such Authority to acquire, construct, equip, own, and improve airports and landing fields; and for other purposes.
276
JOURNAL OF THE HOUSE,
HB 91. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act to place the compensation of the Sheriff and Clerk of Wayne County on a salary basis; and for other purposes.
HB 92. By Messrs. Lowrey and Jordan of Floyd:
A Bill to be entitled an Act to provide for a supplement to the salary of the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
HB 93. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend an Act relating to the course of study in the common or public schools, so as to provide that the Lord's Prayer shall be recited in classrooms of all common schools of this State; and for other purposes.
HB 94. By Messrs. Killian and Isenberg of Glynn:
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 Brunswick shall not be affected by certain provisions; and for other purposes.
HB 95. By Mr. Barber of Jackson:
A Bill to be entitled an Act to provide for the establishment of an academic junior college program as a part of the public school system of the State; and for other purposes.
HR 41-95. By Messrs. Fleming and Hull of Richmond, Woodward of Butts, Brantley of Candler, Roper of Green, Simpson of Wheeler and others:
A Resolution recommending the allocation of funds to the Board of Regents to be used for the initial planning, staffing, alteration, con struction, and operation of a Dental College in conjunction with the Medical College of Georgia, located in Augusta; and for other purposes.
HB 96. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend an Act relating to the amount and conditions of bonds that tax collectors and tax commissioners are re quired to give to the State and County, so as to provide that the bond required on behalf of the county shall not exceed $50,000.00; and for other purposes.
THURSDAY, JANUARY 24, 1963
277 .
HB 97. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend an Act relating to the amount and conditions of bonds which tax collectors and tax commissioners are required to give on behalf of the State and County; and for other purposes.
HB 98. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to change the compensation of the Coroner of Morgan County from a fee to a salary system; and for other purposes.
HB 99. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Madison, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
HB 100. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a State Board of Education, so as to authorize the State Board of Education to make available instructional courses through the medium of educational television; 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 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and municipalities who consolidate and merge; and for other purposes.
SB 6. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to authorize the Governor, within Constitutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other purposes.
278
JOURNAL OF THE HOUSE,
SR 7. By Senators Pannell of the 54th, Jackson of the 16th and Fuqua of the 22nd:
A Resolution proposing an amendment to the Constitution so as to provide for four (4) year terms for State Senators to provide for a referendum; and for other purposes.
SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.
Mr. Twitty of Mitchell County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry 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 50. Do Pass.
HR 32-68. Do Pass.
Respectfully submitted,
Twitty of Mitchell,
Chairman.
Mr. Vaughn of Rockdale County, Vice-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 Resolution of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB
7. Do Pass, as Amended.
HR 27-47. Do Pass.
Respectfully submitted,
Vaughn of Rockdale,
Vice-Chairman.
THURSDAY, JANUARY 24, 1963
279
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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 57. Do Pass.
Respectfully submitted, Matthews of Clarke, Chairman.
Mr. Bolton of Spalding asked unanimous consent that the House reconsider its action in failing to adopt the following Resolution of the House:
HR 20-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution proposing an amendment to Article XI of the Constitution of Georgia, so as to prescribe more democratic provisions for the merger, consolidation and division of counties; and for other purposes.
The consent was granted and the House reconsidered its action in failing to give HR 20-23 the requisite constitutional two-thirds majority.
HR 20-23 was placed at the foot of the calendar.
Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 57. By Mr. Bowen of Randolph: A Bill to be entitled an Act to amend an Act incorporating Andrew Female College, so as to change the term of office of trustees; and for other purposes.
The previous question was ordered.
The main question was ordered.
280
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 Acree Alien Anderson Andrews Bagby Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown Busbee Bynum Byrd
Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Flournoy
Floyd Flynt Fowler of Douglas Fowler of Treutlen
Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis
Lindsey Lowrey Mackay Matthews of Colquitt McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper
THURSDAY, JANUARY 24, 1963
281
Rowland Rutland Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Singer Smith of Habersham
Smith of Whitfield Snow Spikes Stalnaker Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Vaughn
Waldrop Walker Warren Watson Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson
Those not voting were Messrs.:
Arnsdorff Ballard Blalock of Clayton Brackin Branch Brooks of Oglethorpe Brooks of Fulton Crummey Dixon Fleming Hull Jordan of Floyd
Keyton Logan Lokey Matthews of Clarke McClelland Murphy Nessmith Russell Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel
Steis Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Ware Wells of Camden Wilson Woodward Mr. Speaker
On the passage of the Bill, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris, Hale of Bade, Rutland of DeKalb, and others:
A Bill to be entitled an Act to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; to remove the millage limits; and for other purposes.
The following Committee amendment was read:
By adding at the end of the first sentence of Section 2 the following: "of the loan.", so that when so amended the first sentence of Section 2 shall read as follows:
"Section 2. Upon application of the governing authority of a county for aid under this Act and the submission of a valuation and equalization program, the Commissioner shall determine wheth er such program complies with the rules, regulations and instruc-
282
JOURNAL OF THE HOUSE,
tions promulgated pursuant to this Act and upon such compliance being shown, he shall be authorized, to the extent of funds available for loans to counties from the continuing capital fund created by an Act approved February 28, 1962 (Ga. Laws 1962, p. 447 et. seq) or from other funds appropriated and available for the purpose, to contract with the governing authority of said county for a loan from the State to pay a part, or all, of the cost of such program and the repayment of the amount of the. loan."
The following amendment to the Committee amendment was read and adopted:
Bolton of Spalding moves to amend HB 7 as follows:
By striking from the first sentence of Section 2 the following: "calendar year following the calendar year during which such contract is executed" and substituting in lieu thereof the following: "first calen dar year for which a property tax digest is prepared following the final payment by the State Revenue Commissioner under the terms of said contract", so that when so amended said sentence shall read as follows:
"Upon application of the governing authority of a county for aid under this Act and the submission of a valuation and equaliza tion program, the Commissioner shall determine whether such pro gram complies with the rules, regulations and instructions pro mulgated pursuant to this Act and upon such compliance being shown, he shall be authorized, to the extent of funds available for loans to counties from the continuing capital fund created by an Act approved February 28, 1962 (Ga. Laws 1962, p. 447 et. seq) or from other funds appropriated and available for the purpose, to contract with the governing authority of said county for a loan from the State to pay a part, or all, of the cost of such program and the repayment of the amount. Said contract shall provide for the repayment of said amount, without interest, in five equal annual installments, the first to be due on December 31st of the first calen der year for which a property tax digest is prepared following the final payment by the State Revenue Commissioner under the terms of said contract, and one of the remaining annual installments be due on December 31st of each calendar year thereafter for four years."
The committee amendment as amended, was adopted.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, amended, was agreed to, as amended.
THURSDAY, JANUARY 24, 1963
283
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Flournoy Floyd Flynt
Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Colquitt McCracken
McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Odom Overby Pafford Paris Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simmons
284
JOUENAL OF THE HOUSE,
Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis
Story Tabb Teague Todd Towson Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop
Walker Ware Warren Watson Watts Wells of Peach Wells of Camden Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Baughman Bedgood Brackin Branch Brooks of Fulton Crummey Etheridge Fleming Hull
Knight of Berrien Logan Lokey Matthews of Clarke McClelland Newton of Jenkins Parker Pickard Smith of Emanuel
Stuckey Tucker of Burke Twitty Wells of Oconee White Wilkes Williams of Coffee Mr. Speaker
On the passage of the Bill, as amended, the ayes were 179, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 17-16. By Messrs. Smith of Grady, Bolton of Spalding, Hale of Bade, and Steis of Harris:
A RESOLUTION
Proposing an amendment to the Constitution to provide that the General Assembly shall he authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following sentence:
THURSDAY, JANUARY 24, 1963
285
"Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legis lation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad va lorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles."
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 the Legislature shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem prop erty tax purposes, and to adopt different rates, methods or assess ment dates for the taxation of such property, and to enact legisla tion consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles.
"Against ratification of amendment to the Constitution so as to provide that the Legislature shall be authorized to enact legisla tion treating any and all motor vehicles including trailers, as a sepa rate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corpo ration from escaping payment of their fair share of ad valorem taxes on said motor vehicles."
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 asecertain the result and certify the result to the Governor, who shall issue his proclamation thereon.
The previous question was ordered.
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JOURNAL OF THE HOUSE,
The main question was ordered.
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 Acree Alien Anderson Andrews Bagby Ballard Barber Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conger Conner Cullens Davis Dean of Polk Been of Bacon DeVane Dicus Dixon Dorminy
Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Groover Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian King Kirkland Knight of Laurens Knight of Berrien
Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans
Peterson Phillips Pickard Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Russell Rutland Sangster Scarborough Sewell Shaw
THURSDAY, JANUARY 24, 1963
"287
Shea Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson Tucker of Catoosa
Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Brantley Williams of Hall Wilson of Cobb
Voting in the negative was Mr. Rowland.
Those not voting were Messrs.:
Arnsdorff Baughman Bedgood Blalock of Clayton Branch Brooks of Fulton Coker of Turner Crummey
Hill Jones of Liberty Jones of Lumpkin Keyton Logan Lokey Matthews of Clarke Rainey
Shuman Todd Wilkes Wilson of Brantley Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 182, nays 1.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HR 27-47. By Messrs. Smith of Grady, and Bolton of Spalding: A Resolution providing for a Seal for the General Assembly, the House of Representatives and the Senate; and for other purposes.
The previous question was ordered. The main question was ordered.
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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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Pannin
Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Knight of Laurens Laite
Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overy Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope
Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simmons
THURSDAY, JANUARY 24, 1963
289
Simpson Sinclair Singer Smith of Porsyth Smith of Telfair Smith of Emanuel Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Burke Twitty
Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs.:
Bedgood Branch Brooks of Fulton Crummey Dicus Isenberg
Logan Lokey Matthews of Clarke Moore Smith of Whitfield Tucker of Catoosa
Wilkes Wilson of Brantley Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 189, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the following Resolution of the House was again taken up and read:
HR 20-23. By Messrs. Smith of Grady; Bolton of Spalding; and others:
A RESOLUTION
Proposing an Amendment to Article XI of the Constitution of Geor gia, so as to prescribe more democratic provisions for the merger, con solidation and division of counties; to provide for the submission of this Amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article XI, Section I, Paragraphs IV and V of the Constitution, relating to the consolidation, merger, division and dissolution of counties,.
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JOURNAL OF THE HOUSE,
are hereby repealed, and the following substituted in lieu thereof:
"Paragraph IV. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; Provided however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum (20%) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the news paper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be pre scribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. The members of the General Assembly from all such counties shall serve out the re mainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Paragraph IX hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this paragraph by law."
SECTION 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 24, 1963
291
"For ratification of amendment to the Constitution so as to provide more democratic provisions for the merger, consolidation and division of counties."
"Against ratification of amendment to the Constitution so as to provide more democratic provisions for the merger, consolidation and division of counties."
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 committee amendment was read and adopted:
The State of Republic Committee moves to amend HR 20-23 as follows:
By adding at the end of the second sentence of Paragraph IV the following: "Provided, however that only one such election shall be called by the Governor within any twelve month period.", so that when so amended Paragraph IV shall read as follows:
"Paragraph IV. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; Provided, however, upon the filing with the ordinary of any county of a petition signed by not less than twenty per centum (20%) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit certified copy of such petition to each ordinary of all other counties affected thereby, and it shall be the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to
292
JOURNAL OF THE HOUSE,
be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve month period. The ordinaries of each county shall con duct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be prescribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and at the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Para graph IX hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or divi sion, as the case may be, subject to the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power to further implement this paragraph by law."
The following amendment was read and adopted:
Mr. Bagby of Paulding moves to amend HR 20-23 as follows:
By adding before the next to the last sentence of Paragraph IV, which paragraph is quoted in Section 1 of said Resolution, the following:
"Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51% of the registered voters of the portion or portions of the counties affected shall have voted in said election."
The previous question was ordered.
The main question was ordered.
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.:
Acree Alien Anderson
Andrews Bagby Ballard
Barber Baughman Bedgood
THURSDAY, JANUARY 24, 1963
293
Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brown Busbee Byrd Caldwell Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Conger Conner Cullens Davis Dean of Polk Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Groover Hale Hall Harrington Harris Henderson Hill Horton House
Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian Kirkland Knight of Laurens Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Melton Milhollin Mitchell Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Payton Perry of Marion Peterson Phillips Pickard
Ponsell Poole Pope Poss Rainey Raulerson Richardson Roberts Rodgers Roper Russell Rutland Sangster Sewell Shea Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Arsndorff Brantley
Brooks of Oglehorpe Bynum
Coker of Turner Deen of Bacon
294
DeVane Flynt Griffin Harrell Herndon Kelly King Lambert
JOURNAL OF THE HOUSE,
Lindsey Matthews of Colquitt Meeks Milford Mixon Partridge Perry of Evans Reaves
Rhodes Scarborough Shaw Simpson Tucker of Burke Vaughn Wells of Oconee White
Those not voting were Messrs.:
Abney Brooks of Fulton Clark of Catoosa Crummey Knight of Berrien Leonard
Logan Lokey Murphy Pafford Rowland Shuman
Tucker of Catoosa Wilson of Brantley Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 159, nays 30.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted, as amended.
Mr. Leonard of Murray stated that he pressed the "Aye" button but due to technical difficulties, his vote did not register, and he would like to be recorded as voting "Aye" on HR 20-30.
Mr. Todd of Glascock stated that he voted under a misapprehension and would like to be recorded as voting "Nay".
Mr. Bagby of Paulding moved that HR 20-23 be immediately transmitted to the Senate and the motion prevailed.
The Speaker ordered the Resolution immediately transmitted to the Senate.
HB 37. By Messrs. Payton of Coweta and Overby of Hall: A Bill to be entitled an Act to amend Code Section 68-502, relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers, and for other purposes.
The previous question was ordered.
THURSDAY, JANUARY 24, 1963
295
The main question was ordered.
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 Anderson Arnsdorff Ballard Baughman Bell Black Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Busbee Bynum Byrd Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Conger Cullens Davis Dean of Polk DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover
Hale Hall
Harrell Harrington Henderson Herndon Horton House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton
Knight of Laurens Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lowrey Mackay Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton
Mullis Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Partridge Payton Perry of Marion Phillips Pickard Ponsell Pope Poss Rainey Reaves Rhodes Richardson Roper Rowland
Russell Rutland Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson
296
JOURNAL OF THE HOUSE,
Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Vaughn
Waldrop Walker Ware Warren Watson
Watts Wells of Peach Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.
Branch Brown Carr Causby Fleming
Harris Lindsey Milford Moate Murphy
Paris Sangster Smith of Telfair Smith of Habersham
Those not voting were Messrs.:
Acree Alien Andrews Bagby Barber Bedgood Blair Bolton Bowen of Toombs Brackin Brantley Brooks of Oglthorpe
Brooks of Fulton Coker of Cherokee Coker of Turner Conner Crummey Deen of Bacon
Etheridge Hill Hull Hurst Jones of Lumpkin Killian King Kirkland Knight of Berrien Lane Leonard Logan
Lokey Matthews of Clarke Melton Moore Pafford Parker
Perry of Evans Peterson Poole Raulerson Roberts Rodgers Singer Smith of Emanuel Todd Twitty Underwood of Taylor Wells of Oconee
White Wilkes Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 14.
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 passed by the requisite constitutional majority the following Bill of the House to wit:
THURSDAY, JANUARY 24, 1963
297
HB 9. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the eligibility requirement for the Assistant Adjutants General; and for other purposes.
Mr. Killian of Glynn stated that he was called from the Hall of the House on official business at the time the roll was called, but had he been present he would have voted "Aye" on HB 37.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 tomorrow morning.
298
JOURNAL OP THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, January 25, 1963
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 Reverend Ralph Porterfield, Pastor of the Sardis Methodist Church, Atlanta, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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 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:
FRIDAY, JANUARY 25, 1963
299
HB 3. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to repeal an Act, defining "Machinery for new and expanded industry or agriculture"; and for other purposes.
HB 4. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to amend an Act of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt the sale of machinery which is used in establishing new, or expending the productive capacity of existing plants; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Bill to reorganize the State Highway Board; and for other purposes.
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House to wit:
HR 19-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Resolution proposing an amendment to the Constitution by adding thereto a new Section creating the State Highway Board; to provide for the election, qualifications and tenure of members; 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 7. By Senator Miller of the 50th:
A Bill relating to the qualifications of county school superintendents so as to change such qualifications; and for other purposes.
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SB 8. By Senator Miller of the 50th:
A Bill relating to the procedure for filling vacancies occurring in the office of county superintendent of schools in any county, so as to change the procedure for filling vacancies as may occur in such office in any county; and for other purposes.
SB 12. By Senators Pannell of the 54th, Jackson of the 16th and Miller of the 50th:
A Bill to create the North Georgia Mountains Authority as a body corporate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its members; and for other purposes.
SR 14. By Senators Gayner of the 5th, Pannell of the 54th and Jackson of the 16th:
A Resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government; and for other purposes.
SR 25. By Senators Rowan of the 8th, McKinnon of the 7th and others:
A Resolution proposing that the Commissioner of Agriculture and State Experiment Stations conduct an immediate educational program con cerning the proper use of "MH-30"; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the first time and referred to the Committees:
HB 114. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act known as the "Intangible Property Tax Act", so as to provide for tax on short-term notes repre senting credits secured by real estate; and for other purposes.
Referred to the Committee on Ways and Means.
HB 115. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act known as the "Intangible Property Tax Act", so as to change the meaning of "long-term" and "short-term" notes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 116. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act incorporating the Town of Flowery Branch in Hall County, so as to change the name of the above mentioned mu nicipality from "Town of Flowery Branch" to "City of Flowery Branch"; and for other purposes.
Referred to the Committee on Local Affairs.
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301
HB 117. By Mr. Groover of Bibb:
A Bill to be entitled an Act to require a majority of the votes cast before any person may be nominated or elected in a primary, special or general election for an elected position of the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 118. By Mr. Causby of Gordon:
A Bill to be entitled an Act to incorporate the City of Calhoun, to organize the municipal government thereof; and for other purposes.
Referred to the Committee on Local Affairs.
HB 119. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating the Civil and criminal court of Troup County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 120. By Messrs. Smith of Grady, Ware of Troup and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act providing for issuance, transfer, revocation, suspension, amendment and renewal of certificates of public convenience and necessity concerning the regulation of "motor carriers", so as to redefine the authority of the Georgia Public Service Commission upon certain grounds; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 121. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning regulation of "motor common carriers", so as to redefine "for hire" transportation of a motor common carrier; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 122. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning the regulation of "motor carriers", so as to define "for hire" transportation of a motor carrier; and for other purposes.
Referred to the Committee on Motor Vehicles.
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HB 123. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning regulation of "motor carriers", so as to provide that term "motor carrier" shall not include taxicabs, drays, trucks, buses and other motor vehicles which operate within corporate limits of municipalities and are subject to regulation by governing authorities of such municipalities; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 124. 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 125. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act creating and establishing as a part of the executive branch of the State of Georgia a Department which shall be known as the Department of Public Safety; and for other purposes.
Referred to the Committee on State of Republic.
HB 126. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways, so as to define the term "Limitedaccess State Highways; and for other purposes.
Referred to the Committee on State of Republic.
HB 127. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to make it unlawful to injury or interfere with the property of any company or political subdivision relative to any electrical system, gas system, water system, sewerage system or communication system; and for other purposes.
Referred to the Committee on Judiciary.
HB 128. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to provide for the leasing of overhead or underground rights or property not useful for railroad purposes of the Western & Atlantic Railroad and to create a Western & Atlantic Railroad Commission, so as to change the composition of said Com mission; and for other purposes.
Referred to the Committee on State of Republic.
FRIDAY, JANUARY 25, 1963
303
HB 129. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to prescribe the degree of care required of fiduciaries; to prescribe the types of investments fiduciaries are per mitted to make; and for other purposes.
Referred to the Committee on Judiciary.
HB 130. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to protect the right to work in this State from infringement based on the age of the employee or applicant for employment; and for other purposes.
Referred to the Committee on Industrial Relations.
HR 56-130. By Mr. Smith of Grady: A Resolution to compensate Julius W. Johnson; and for other purposes.
Referred to the Committee on Appropriations.
HR 57-130. By Mr. Causby of Gordon:
A Resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of developing as a tourist attraction the old capitol of the Cherokee Indian Nation located near New Echota in Gordon County; and for other purposes.
Referred to the Committee on Appropriations.
HR 58-130. By Mr. Brown of Hart:
A Resolution proposing an amendment to the Constitution so as to create the Hart County Industrial Building Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 131. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Isenberg of Glynn, McClelland of Fulton, Rutland of DeKalb and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the creation of a State Literature Commission, so as to provide for declaratory relief; and for other purposes.
Referred to the Committee on Judiciary.
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Mackay and Harris of DeKalb, McClelland of Fulton and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who
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shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.
Referred to the Committee on Judiciary.
HB 133. By Messrs. Bell and Hull of Richmond, and Tucker of Burke:
A Bill to be entitled an Act to amend an Act relating to the limit of loans by banks; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 134. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend an Act providing and establishing a charter for the City of Woodbury, in the County of Meriwether; and for other purposes.
Referred to the Committee on Local Affairs.
HB 135. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to objections in connection with a motion for a new trial to be raised before the trial judge; and for other purposes.
Referred to the Committee on Judiciary.
HB 136. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of the Police Departments in cities having a population of 150,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
HB 137. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to provide that the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta certain territory; and for other purposes.
Referred to the Committee on Local Affairs.
HR 59-137. By Mr. Underwood of Montgomery:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate the office of Ordinary and the office of Clerk of the Superior Court in any county in this State into the one office of Probate Judge; and for other purposes.
Referred to the Committee on Judiciary.
FRIDAY, JANUARY 25, 1963
305
HR 60-137. By Mr. Fleming of Richmond: A Resolution to compensate J. F. Patton; and for other purposes.
Referred to the Committee on Appropriations.
HR 61-137. By Mr. Knight of Berrien: A Resolution to compensate Irvin David Suggs; and for other purposes.
Referred to the Committee on Appropriations.
HB 138. By Mr. Knight of Berrien: A Bill to be entitled an Act to repeal and supersede an Act incorporating the Town of Enigma; and for other purposes.
Referred to the Committee on Local Affairs.
HB 139. By Mr. Story of Gwinnett: 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 clarify the provisions qualifying for credit for prior service; and for other purposes.
Referred to the Committee on Appropriations.
SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th: A Bill to be entitled an Act to authorize the State and all of its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and municipali ties who consolidate and merge; and for other purposes.
Referred to the Committee on State of Republic.
SB 6. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th: A Bill to be entitled an Act to authorize the Governor, within Consti tutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other purposes.
Referred to the Committee on State of Republic.
SB 7. By Senator Miller of the 50th: 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.
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JOURNAL OF THE HOUSE,
SR 7. By Senators Pannell of the 54th, Jackson of the 16th and Fuqua of the 22nd:
A Resolution proposing an amendment to the Constitution so as to provide for four (4) year terms for State Senators; to provide for a referendum; and for other purposes.
Referred to the Committee on State of Republic.
SB 8. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend Code Section 32-1003 relating to the procedure for filling vacancies occurring in the office of county superintendent of schools in any county, so as to change the procedure for filling vacancies as may occur in such office in any county; and for other purposes.
Referred to the Committee on Education.
SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.
Referred to the Committee on State of Republic.
SB 12. By Senators Pannell of the 54th and Jackson of the 16th:
A Bill to be entitled an Act to create the North Georgia Mountains Authority as a body corporate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its members; and for other purposes.
Referred to the Committee on State of Republic.
SR 14. By Senators Gayner of the 5th, Pannell of the 54th and Jackson of the 16th:
A Resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government; 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:
FRIDAY, JANUARY 25, 1963
307
HB 101. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts of the General Assembly pertaining to the City of Cuthbert, in the County of Randolph; and for other purposes.
HB 102. By Messrs. Lane of Bulloch, Parker of Screven, Shuman of Bryan, Nessmith of Bulloch, Bowen of Toombs, Fleming of Richmond and others:
A Bill to be entitled an Act to place all sheriffs in this State on a salary basis in lieu of a fee basis; to provide for the disposition of fees; and for other purposes.
HB 103. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act establishing an Employees Retirement System for State employees, so as to provide for full retire ment benefits after thirty-five years of service; and for other purposes.
HB 104. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to amend an Act relating to the definition of bartering and hairdressing, so as to exempt certain activities from the regulation of the State Board of Examiners; and for other purposes.
HB 105. By Messrs. Parker of Screven, Lane of Bulloch, Kirkland of Tattnall, Newton of Jenkins, Davis of Heard, Simpson of Wheeler and Fowler of Treutlen:
A Bill to be entitled an Act to amend an Act relating to persons able to contract marriage; and for other purposes.
HB 106. By Mr. Steis of Harris:
A Bill to be entitled an Act to amend an Act relating to the capacity of persons to contract marriage, so as to provide that underage unwed parents of a living child may contract for marriage; and for other purposes.
HB 107. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to the transaction of business with Ordinaries, so as to provide for the closing of the Ordinary's Office for two half days per week; and for other purposes.
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JOURNAL OF THE HOUSE,
HR 42-107. By Mr. Dean of Polk:
A Resolution proposing an amendment to the Constitution so as to create the Rockmart Development Authority; and for other purposes.
HR 43-107. By Mr. Hall of Lee: A Resolution to compensate Mr. James McBride; and for other purposes.
HR 44-107. By Messrs. Perry of Marion and King of Chattahoochee:
A Resolution to designate a highway as the Clark W. Duncan Highway; and for other purposes.
HR 45-107. By Messrs. Teague, Flournoy and Wilson of Cobb: A Resolution compensating Mrs. Mollie B. Lane; and for other purposes.
HR 46-107. By Mr. McCracken of Jefferson: A Resolution to compensate Edsel Scarboro; and for other purposes.
HR 47-107. By Messrs. Overby and Williams of Hall:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of Hall County; and for other purposes.
HR 48-107. By Messrs. Smith and Mitchell of Whitfield:
A Resolution proposing an amendment to the Constitution so as to provide for an increase in the homestead exemption for certain persons; and for other purposes.
HR 49-107. By Mr. Pickard of Muscogee: A Resolution to compensate Mrs. Richard L. Bell; and for other purposes.
HB 108. By Mr. Pickard of Muscogee:
A Bill to be entitled an Act to control and regulate the Communist Conspiracy of this State; to define certain terms; and for other purposes.
FRIDAY, JANUARY 25, 1963
309
HB 109. By Mr. Pickard of Muscogee:
A Bill to be entitled an Act to identify, regulate and control distribution of Communist political propaganda; to define Communist propaganda; and for other purposes.
HB 110. By Messrs. Towson and Knight of Laurens:
A Bill to be entitled an Act to create the City of Dublin and County of Laurens Development Authority; and for other purposes.
HR 52-110. By Mr. Hill of Meriwether: A Resolution to compensate Mrs. Homer Smith; and for other purposes.
HR 53-110. By Mr. Hill of Meriwether: A Resolution to compensate Mrs. L. R. Collins; and for other purposes.
HR 54-110. By Mr. Fowler of Douglas:
A Resolution authorizing the placing of a monument at Kennesaw Mountain National Battle Park; and for other purposes.
HR 55-110. By Mr. Fowler of Douglas:
A Resolution authorizing the microfilming and indexing of Confederate pension records; and for other purposes.
HB 111. By Messrs. Keyton and Russell of Thomas: A Bill to be entitled an Act to amend the Charter of the City of Thomasville, so as to provide for the method of electing members to the Board of Commissioners; and for other purposes.
HB 112. By Mr. Dean of Polk: A Bill to be entitled an Act to authorize excused absences from the public schools for those children serving as pages for the General Assembly of Georgia during the school year; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 113. By Messrs. Rutland, Mackay and Harris of DeKalb:
A Bill to be entitled an Act to provide for the grant of a legislative charter to the City of North Atlanta in the County of DeKalb under the name and style of the City of North Atlanta; and for other purposes.
Mr. Newton of Colquitt 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 44. Do Pass.
Respectfully submitted,
Newton of Colquitt,
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 46. Do Pass.
HB 52. Do Pass.
HB 54. Do Pass.
HB 56. Do Pass.
Respectfully submitted,
Busbee of Dougherty,
Chairman.
FRIDAY, JANUARY 25, 1963
311
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, sub mitted 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 25. Do Pass.
HB 26. Do Pass.
HB 27. Do Pass.
HB 34. Do Pass.
HB 36. Do Pass.
HB 67. Do Pass.
HB 71. Do Pass.
HB 72. Do Pass.
HB 74. Do Pass.
HB 78. Do Pass.
HB 79. Do Pass.
HB 80. Do Pass.
HB 81. Do Pass.
HB 82. Do Pass.
HB 83. Do Pass.
HB 84. Do Pass.
HB 89. Do Pass.
HB 90. Do Pass.
HB 91. Do Pass.
HB 92. Do Pass.
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JOURNAL OF THE HOUSE,
HB 94. Do Pass.
HB 98. Do Pass.
HB 99. Do Pass.
HB 23. Do Pass, as Amended.
Respectfully submitted,
Hale of Dade,
Chairman.
Mr. Vaughn of Roekdale County, Vice-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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 28. Do Pass.
HB 29. Do Pass.
HB 30. Do Pass.
HB 31. Do Pass.
HB 32. Do Pass.
HB 33. Do Pass.
Respectfully submitted,
Vaughn of Roekdale,
Vice-Chairman.
Mr. Towson of Laurens 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-
FRIDAY, JANUARY 25, 1963
313
lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 47. Do Pass.
HB 96. Do Pass.
Respectfully submitted,
Towson of Laurens,
Chairman.
The following Resolutions were read and adopted:
SR 15. By Senators Lee of the 47th, Knox of the 24th, Scott of the 23rd, Fuqua of the 22nd, and Broun of the 46th:
A RESOLUTION
Endorsing the further development of the Savannah River by the authorization and construction of a multipurpose project at the Trotters Shoals site.
WHEREAS, the Congress in the Flood Control Act of December 22, 1944, approved the general plan for the comprehensive development of the Savannah River and tributaries as set forth in House Document 657, 78th Congress; and
WHEREAS, the approved plan called for the development of the river system through the construction of eleven (11) dams and reser voirs for navigation, flood control, hydroelectric power, recreation and other purposes; and
WHEREAS, the Clark Hill and Hartwell projects are already con tributing their vast benefits to the people of our State and area; and
WHEREAS, the Chief of Engineers has recommended the further orderly development of the Savannah River by the construction of a third multipurpose project at the Trotters Shoals site which will com pletely develop the stretch of the river between the Clark Hill and Hartwell projects; and
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JOURNAL OF THE HOUSE,
WHEREAS, Georgians, citizens and officials alike, have unceas ingly supported and worked for the comprehensive development of the Savannah River realizing and appreciating its bountiful wealth, as bestowed by Divine Province; and
WHEREAS, the development of our State and area industrially and otherwise is inextricably bound to our wise, forthright and orderly development and utilization of our natural resources; and
WHEREAS, the public interest demands that obstructionist activi ties be rejected and that the Trotters Shoals project be authorized and constructed expeditiously;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia through its Legis lative Branch go on record as heartily endorsing and recommending authorization and construction of the Trotters Shoals project as the next step in the orderly development of the Savannah River.
BE IT FURTHER RESOLVED that we urge its authorization by the First Session of the 88th Congress.
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to each member of our Congressional Delegation in the House and Senate.
BE IT FURTHER RESOLVED that the Secretary of the Senate be directed to forward a copy of this resolution to General W. K. Wilson, Jr., Chief of Engineers, U. S. Corps of Engineers, Washington, D. C.
HR 62. By Messrs. Bell, Hull and Fleming of Richmond:
A RESOLUTION
Requesting Congress to continue assistance to the Junior R.O.T.C. programs; and for other purposes.
WHEREAS, the United States Congress has evidenced its inten tion to discontinue federal assistance to educational institutions which provide a Junior R.O.T.C. program for its students; and
FRIDAY, JANUARY 25, 1963
315
WHEREAS, in both World War II and the Korean Conflict, its has been graphically demonstrated that a strong reserve officer training program is vital to the national defense; and
WHEREAS, in this time of continuing national emergency, pre cipitated by rash acts of the Communist block countries, which create crises in which a strong national defense posture must be maintained; and
WHEREAS, the Junior R.O.T.C. program has demonstrated that it is a vital and integral part of our national defense preparations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that this body urgently requests that the United States Congress continue to provide appropriations to assist local educational institutions in continuing to provide a Junior R.O.T.C. program.
BE IT FURTHER RESOLVED, that the Clerk of the House of Representatives is hereby authorized and instructed to transmit to the Clerk of the United States House of Representatives and the Secretary of the United States Senate a sufficient number of copies of this reso lution to be distributed among the membership thereof.
HR 63. By Messrs. Milhollin of Coffee, Newton of Colquitt, Raulerson of Echols and many others:
A RESOLUTION
Proposing that the Commissioner of Agriculture and State Experi ment Stations conduct an immediate educational program concerning the proper use of "MH-30" and other cultural practices so as to elimi nate any adverse effects on the quality of tobacco in the State of Geor gia; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
WHEREAS, there has been considerable discussion by farmers and other agricultural leaders as to the effect of Maleic Hydrazide (com-
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JOURNAL OF THE HOUSE,
monly known as "MH-30") and other cultural practices upon the quality of flue cured tobacco grown in the State of Georgia; and
WHEREAS, it is the opinion of the reputable and educated to bacco growers of Georgia that it is only the improper and excessive misuse of "MH-30" which might tend to adversely affect the quality of tobacco and that when used properly and in accordance with the manufacturers recommendations, "MH-30" will have no adverse effect upon the quality of tobacco grown in Georgia; and
WHEREAS, it is the further opinion of the reputable and edu cated tobacco farmers of Georgia that "MH-30" is of vital importance for "sucker-control" in the production of tobacco primarily because of the labor shortage in the tobacco producing areas of this State; and
WHEREAS, through proper self-discipline and adherence to strict and approved farming methods, it is possible to minimize the misuse of "MH-30" and other undesirable cultural practices; and
WHEREAS, it is of the utmost importance that all the tobacco farmers in Georgia be appraised of the proper method of using said "MH-30" and that an educational program needs to be put into effective operation as rapidly as possible so as to guard against both the misuse of this chemical and the numerous other undesirable cultural practices so as to produce the high quality of tobacco that Georgia growers have traditionally produced.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that all tobacco farmers of the State oi Georgia pledge forthwith to police themselves and thereby eliminate any improper or excessive misuse of the chemical "MH-30" as well as other undesirable cultural practices that should not be used in the pro duction of quality flue cured tobacco, so as to assure the buyers and consumers that the quality of said tobacco has in no way been adversely affected and meets the traditional high quality standards of Georgia grown tobacco.
BE IT FURTHER RESOLVED, that the Georgia Commissioner of Agriculture and the Georgia State Extension Service through their various facilities and resources, including the county agents located in the several tobacco producing counties, conduct an immediate program for the education of the tobacco farmers of Georgia in the most bene ficial and proper use of "MH-30" and the practice of other desirable
FRIDAY, JANUARY 25, 1963
317
cultural methods from the standpoint of producing high quality tobacco and that such program shall have top priority above all others due to the emergency and importance of the situation.
HR 64. By Messrs. Smith of Grady, Bolton of Spalding, Blalock of Coweta:
A RESOLUTION
Relative to the House Appropriations Committee; and for other purposes.
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that during the period between the first and second portions of the regular 1963 session, the Appropriations Committee of the House is hereby authorized to meet, hold hearings and study matters relative to appropriations, budgets, fiscal affairs, and other related matters. The Committee is authorized to meet separately or, in the discretion of the Chairman, jointly with the Appropriations Committee of the Senate. The Speaker, the Speaker Pro Tern., the Administration Floor Leader, the Chairman of Judiciary Committee, and the Chairman of the Ways and Means Committee are also authorized to meet with the aforesaid Committee during such period of time. During such period of time, the members of the Committee and the other designated officials shall re ceive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, plus mileage for not more than two round trips to and from their homes and the Capitol. The expenses shall not exceed thirty ($30.00) dollars per day.
HR 65. By Messrs. Smith of Grady, and Bolton of Spalding:
A RESOLUTION
Extending an invitation to Honorable James E. Powers, National Commander of the American Legion, to address a joint session of the House and Senate; and for other purposes.
WHEREAS, Honorable James E. Powers of Macon, Georgia, was elected National Commander of the American Legion at the 1962 Con vention of the Legion; and
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JOURNAL OP THE HOUSE,
WHEREAS, he is a Veteran of World War II having entered serv ice on April 11, 1944 as a Private, and having been discharged on August 25, 1946 as a First Lieutenant; and
WHEREAS, he served with distinction in the Pacific Theatre and received the following Medals and Citations:
Asiatic-Pacific Theatre, 2 Bronze Stars Philippine Liberation, 2 Bronze Stars Japanese and Chinese Occupation Medals Unit Citation Korean Occupation; and
WHEREAS, he was born in Loraine, Georgia on July 26, 1910, and presently resides in Macon, Georgia where he graduated from Lanier High School and Mercer University; and
WHEREAS, he has an outstanding record of public and civic serv ice and particularly as relates to the American Legion; and
WHEREAS, he has been a member of the American Legion, Macon Post No. 74 since his discharge, has served as Commander from 1947 to 1950, has held every office in the Post, has held various District Offices, was Department Junior Vice-Commander, 1949-50, Department Senior Vice-Commander, 1950-51, Department Commander, 1951-52, has served as Chairman of various Department and National Committees, has served as National Executive Committeeman, 1954-62, and this record culminated in his election as National Commander for 1962-63; and
WHEREAS, he is a member of Voiture 1145, Macon, Georgia, 40 & 8, served as Chef de Tain, 1949-50, and Chef de Gare, 1950-51; and
WHEREAS, he has brought signal honor to his State by his being chosen National Commander of this great service organization, the American Legion;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable James E. Powers is hereby extended a most cordial invitation to address a joint session of the House and Senate on March 4, 1963, at 10:00 o'clock A. M., and the Speaker of the House and the President of the Senate are hereby authorized to make whatever arrangements are necessary in connection with this occasion.
FRIDAY, JANUARY 25, 1963
319
BE IT FURTHER RESOLVED that a joint session of the House and Senate is hereby called for 10:00 o'clock A. M., March 4, 1963, in the Hall of the House of Representatives for the purpose of hearing an address by Honorable James E. Powers.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable James E. Powers.
HR 66. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Creating a Committee to advise with the Governor relative to con stitutional revision; and for other purposes.
WHEREAS, His Excellency, Carl E. Sanders, Governor, has stated his interest in the possible revision of the Constitution of Georgia; and
WHEREAS, the Governor has requested that the Speaker of the House and the President of the Senate appoint a Committee to study this subject during the interim between the first and second portions of the 1963 session of the General Assembly and make recommendations to him as to whether it would be advisable to create a Commission to revise the Constitution;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be composed of three members of the House to be named by the Speaker, for the purpose of studying the advisability of creating a Commission to revise the Constitution of Georgia and make recommendations thereon to the Governor. The Committee shall meet during the interim between the first and second portions of the 1963 session of the General Assem bly, and shall receive the Compensation, per diem, expenses and allow ances authorized for legislative members of interim legislative commit tees. The Committee shall meet and work jointly with a similar com mittee created by the Senate. The Committee shall make recommenda tions to the Governor on or before February 11, 1963. The Office of Legislative Counsel shall meet with and assist the Committee in its study and deliberations, and shall assist the Committee in formulating recommendations to be presented to the Governor. Funds 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.
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HR 67. By Messrs. Melton and Bolton of Spalding:
A RESOLUTION
Expressing regrets at the passing of Ollie Reeves; and for other purposes.
WHEREAS, Ollie Reeves, Georgia's poet laureate, succumbed on January 23, 1963, to injuries received in an automobile accident last fall; and
WHEREAS, during the seventy-three years of this man's life, he had endeared himself to all Georgians with his poetry, both whimsical and serious; and
WHEREAS, Mr. Reeves was an artist of rare talents and abilities, having won many journalistic and literary awards with his many varied writing abilities; and
WHEREAS, Mr. Reeves was both Georgia's poet laureate and the poet laureate of the City of Atlanta; and
WHEREAS, Ollie Reeves's daily verses which appeared in the Atlanta newspapers were a never ending source of amusement and inspiration to his many thousands of readers; and
WHEREAS, Mr. Reeves was the author of the Georgia State song; and
WHEREAS, in addition to this man's artistic and literary abilities, he was an extremely successful business man, community and civic leader, as well as an outstanding member and leaders of the religious community; and
WHEREAS, Mr. Reeves is widely known for his humanitarian and philanthropic activities, having been directly responsible for the re habilitation of countless convicts, by giving generously of his moral and financial assistance; and
WHEREAS, the long list of this outstanding Georgian's accomplish ments are too long to list here; and
WHEREAS, Ollie Reeves's achievements, abilities and accomplish ments are even more outstanding when viewed in the light of the fact that he received only a limited amount of formal education, being forced at an early age to leave school in order to support himself and his family.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this body does hereby express to the family of Ollie Reeves and especially to his bereaved widow, Mrs. Vivian Winslow Reeves, its most heartfelt and deepest regrets and sympathy
FRIDAY, JANUARY 25, 1963
321
at the passing of this most outstanding and distinguished citizen and does express condolences for the loss which this family and the entire State has suffered with the passing of this most beloved member of our community and State.
HR 70. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to the adjournment of the General Assembly: and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the House and Senate adjourn at 11:30 o'clock A. M., Friday, January 25, 1963, and reconvene at 10:00 o'clock A.M., Monday Feb ruary 11, 1963.
HR 71. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A RESOLUTION
Expressing regrets at the passing of Dean Raimundo de Ovies; and for other purposes.
WHEREAS, this body has learned of the passing of Dean Raimundo de Ovies, a leading Atlanta clergyman and a prominent figure in the social and civic affairs of Atlanta; and
WHEREAS, before his retirement in 1946 Dean de Ovies served at the Cathedral of St. Philip for eighteen (18) years; and
WHEREAS, he was a leader in establishing the "Georgia Clinic for Alcoholics", aiming as he said for "rehabilitation rather than cure"; and
WHEREAS, Dean de Ovies was a pastor of compassion at heart and of profound understanding, and many were inspired by his preach ing; and
WHEREAS, Dean de Ovies was a prominent author and was active in many religious, civic and professional organizations;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its deep est regrets at the passing of Dean Raimundo de Ovies and that the deep est and profound sympathy of all the members of this body is hereby extended to his family.
BE IT FURTHER RESOLVED that as a token of our common grief the Clerk of the House of Representatives is hereby authorized
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and directed to furnish an appropriate copy of this resolution to the family of Dean Raimundo de Ovies.
HR 72. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A RESOLUTION
Expressing regrets of the passing of Honorable Carlyle Fraser; and for other purposes.
WHEREAS, Honorable Carlyle Fraser, Chairman of the Board of Commissioners of Roads and Revenues of Fulton County and Chairman of the Board of Directors of Genuine Parts Company of Atlanta, passed away on September 12, 1961; and
WHEREAS, Mr. Fraser was very active in many religious, civic and fraternal organizations; and
WHEREAS, he made an outstanding record of service in his chosen field and his passing will be of great loss to his many friends, his locality and the State of Georgia; and
WHEREAS, he has performed outstanding service as a member of the Board of Commissioners of Roads and Revenues of Fulton County and always had the respect and cooperation of the other members of said Board.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the deepest regrets of this body are hereby expressed at the passing of Honorable Carlyle Fraser and the sympathy of all the members of this body is hereby extended to his family.
BE IT FURTHER RESOLVED that as a token of common grief, the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the family of Honorable Carlyle Fraser.
HR 73. By Messrs. Brooks, McClelland and Etheridge of Fulton:
Expressing regrets at the passing of Honorable Luke S. Arnold, Chief Judge of the General Division of the Municipal Court of Atlanta; and for other purposes.
WHEREAS, the General Assembly of the State of Georgia has been informed and is saddened to learn of the passing of Honorable Luke S. Arnold, Chief Judge of the General Division of the Municipal Court of Atlanta; and
WHEREAS, Judge Arnold passed away on September 17, 1962, the effective date of his retirement as said Chief Judge; and
FRIDAY, JANUARY 25, 1963
323
WHEREAS, in recognition of his public service as Judge of the Municipal Court of the City of Atlanta, he was to be appointed to the position of Judge Emeritus of said Court; and
WHEREAS, since the election of Honorable Luke S. Arnold on April 21, 1930, as a Councilman for the Sixth Ward to serve for the unexpired term of the late Councilman, Honorable Harry York, Judge Arnold has been appointed as Executive Secretary to the late Mayor, Hinorable James L. Key, has been active in the private practice of law in Atlanta and from January, 1941, he had served continuously in the Traffic and General Divisions of the now Municipal Court of Atlanta;
and
WHEREAS, Judge Arnold had been active in many religious, civic, professional, social and fraternal organizations; and
WHEREAS, it is only fit and proper that this body show its grati tude for the faithful public service performed by Honorable Luke S. Arnold.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body does hereby express its sorrow in the pass ing of Honorable Luke S. Arnold, Chief Judge of the General Division of the Municipal Court of Atlanta and extend its sympathy to his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to the family of Honorable Luke S. Arnold.
HR 74. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A RESOLUTION
Expressing regrets at the passing of Honorable Benjamin Joseph Massell; and for other purposes.
WHEREAS, Honorable Benjamin Joseph Massell, who has been called "Atlanta's one-man boom" and "the creator of Atlanta's sky line", passed away on September 9, 1962; and
WHEREAS, this illustrious person was born in Vikihov, Lithuania, in 1886, came to America with his parents and settled in Atlanta; and
WHEREAS, he became an American citizen and a citizen of At lanta in 1900; and
WHEREAS, Mr. Massell has been active in the real estate and building fields throughout his adult life and has figured in many impor tant real estate transactions in the City of Atlanta; and
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WHEREAS, Mr. Massell was very active in civic, religious, elee mosynary and educational fields and his generosity has aided greatly in local, national and international causes; and
WHEREAS, this body is deeply indebted to Mr. Massell for the contribution he has made to the State of Georgia; and
WHEREAS, for many years to come the skyline of Atlanta will stand as a memorial to this great citizen.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body does officially express its appreciation for the endeavors of Honorable Benjamin Joseph Massell.
BE IT FURTHER RESOLVED that this body extends its sorrow and sincere sympathy to the family of Honorable Benjamin Joseph Massell.
BE IT FURTHER RESOLVED that in token of our common grief, the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the family of Honorable Benjamin Joseph Massell.
HR 75. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A RESOLUTION
Expressing regrets at the passing of Dr. Wallace Rogers; and for other purposes.
WHEREAS, Dr. Wallace Rogers, Associate Pastor of the. First Methodist Church of Atlanta, Georgia, and one of Georgia Methodism's most beloved figures, died Friday, July 27, 1962; and
WHEREAS, Dr. Rogers was the father of Ernest Rogers, Atlanta Journal columnist; and
WHEREAS, Dr. Rogers was an outstanding ornithologist and photographer and his collection of bird pictures was considered one of the finest in the nation; and
WHEREAS, Dr. Rogers rendered technical advise and assistance in the making of motor pictures, "I'd Climb the Highest Mountain" and "A Circuit Rider's Wife"; and
WHEREAS, Dr. Rogers was active in many religious, civic and pro fessional organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body does hereby express its regrets in the
FRIDAY, JANUARY 25, 1963
325
passing of Dr. Wallace Rogers and does hereby extend its deepest regrets and heartfelt sympathy to the members of his family.
BE IT FURTHER RESOLVED that as a token of our common grief, the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the family of Dr. Wallace Rogers.
HR 76. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A RESOLUTION
Expressing regrets at the passing of Honorable Robert E. Lee Field; and for other purposes.
WHEREAS, Honorable Robert E. Lee Field, a distinguished lawyer and a member of the Board of Aldermen of the City of Atlanta, passed away on September 27, 1962; and
WHEREAS, Alderman Field was a devoted public official with great ability and courage; and
WHEREAS, Alderman Field has served on many of the committees of the Board of Aldermen of the City of Atlanta and was active in numerous religious, fraternal, civic and government organizations; and
WHEREAS, the loss of this distinguished citizen will be felt by the City of Atlanta and the State of Georgia and his participation in the governmental functions of the City of Atlanta and the State of Georgia will be grealy missed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORFIA that this body does hereby express its deep est regrets and sympathy at the passing of Honorable Robert E. Lee Field and the sympathy of all the members of this body is hereby ex tended to the members of his family.
BE IT FURTHER RESOLVED that as a token of our common grief that the Clerk of the House of Representatives is hereby author ized and directed to forward an appropriate copy of this Resolution to the family of Honorable Robert E. Lee Field.
By unanimous consent, the following Resolution of the House was read and referred to the Committee on Special Judiciary:
HR 68. By Mr. Branch of Tift:
A RESOLUTION
Creating a Committee from the House State Institutions and Property Committee; and for other purposes.
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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 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 jurisdiction as the Speaker shall authorize. The members of the Committee shall receive the compensation, per diem, expenses and allow ances 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 Legisla tive Branch of the Government. The Committee shall make a report of its findings and recommendations on or before January 14, 1964, on which date the Committee shall stand abolished.
By unanimous consent, the following Resolution of the House was read and referred to the Committee on Rules:
HR 69. By Messrs. Lee of Clinch, Melton of Spalding, Story of Gwinnett, and others:
A RESOLUTION
Urging federal aid to education; and for other purposes.
WHEREAS, the federal government appropriates and expends an nually billions of the taxpayer's dollars for foreign aid; and
WHEREAS, there has been recently established a Peace Corps which was organized for the purpose of educating and aiding the under developed nations of the world; and
WHEREAS, in this era of space technology with its attendant emphasis upon scientific techniques and refinements and higher edu cational developments, which place an increasing burden upon the al ready extended sources of state and local revenue by the demand for
FRIDAY, JANUARY 25, 1963
327
more channeling of funds into this country's educational programs; and
WHEREAS, a well educated and developed youth within this coun try is as equally important and desirable as any other program of development undertaken by the federal government; and
WHEREAS, if the educational programs of this nation are to keep abreast of the demands being placed upon them at the present and those which will arise in the future, financial assistance from the national level is needed; and
WHEREAS, it is incumbent that the state and local school systems be free to administer, unhampered by unnecessary controls and re straints imposed by a domineering central government agency, a pro gram for enhancing and improving an educational program which is best suited to the peculiar needs of each local system.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby request and urge the Georgia Congressional Delegation to exert its powerful influ ence upon the 88th Congress to seek the enactment of appropriate legis lation providing for federal aid to education without burdensome fed eral control and restraint.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit to each member of the Georgia Congressional Delegation a copy of this Reso lution.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 1. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Ballard of Newton:
A Bill to be entitled an Act to reorganize the State Highway Board; and for other purposes.
Mr. Smith of Emanuel asked unanimous consent that the Senate amendments be considered separately and the consent was granted.
The following Senate amendment was read:
Senate Highway Committee amendment to House Bill 1:
The Highway Committee moves to amend HB 1 by changing the word "two" to the word "four" as it appears on page 3, line 9 of HB 1.
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JOURNAL OF THE HOUSE,
Mr. Bolton of Spalding moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 116, nays 5.
The Senate amendment was agreed to.
The following Senate amendment was read:
The Highways Committee moves to amend HB 1 by adding after the word "embraced" on the first line of Page 3 of said HB 1 the words "or partly embraced" and by striking all of the words in the same sentence after the word "caucus" in the second line of said Page 3, so that the amended sentence shall read:
"The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate from the counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting in caucus."
Mr. Bolton of Spalding 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 Acree Anderson Ballard Barber Baughman Bedgood Bell Black Blair
Blalock of Coweta Blalock of Clayton Bowen of Dawson Busbee Byrd Carr Causby Chance
Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Deen of Bacon Dicus
Dixon Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt
Fowler of Treutlen Fulford Funk Gibbons Groover Hale Harrell Harrington Harris Henderson
Herndon House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren
FRIDAY, JANUARY 25, 1963
329
Jones of Lumpkin Keadle Keyton Killian King Kirkland Laite Lee of Clayton Lee of Dougherty Leonard Lindsey Lowrey Matthews of Clarke McClelland McDonald McGarity Meeks Melton Milford Mitchell Mixon
Morgan of Gwinnett Mullis Newton of Colquitt Odom Overby Partridge Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Russell Rutland Sangster Shaw Shuman Simmons
Simpson Smith of Telfair Snow Spikes Steis Story Teague Towson Tucker of Catoosa Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Williams of Hall Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Brantley Brooks of Oglethorpe Bynum Dorminy Horton Jones of Muscogee
Kelly Lane Matthews of Colquitt Milhollin Morgan of Newton Murphy
Nessmith Paris Pickard Smith of Emanuel Smith of Habersham Williams of Coffee
Those not voting were Messrs.:
Alien Andrews Arnsdorff Bagby Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Fulton Brown Caldwell Conger Crummey Cullens DeVane Duncan of Carroll Fowler of Douglas Greene Griffin Hall
Hill Jones of Liberty Jones of Worth Jordan of Floyd Jordan of Calhoun Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lewis Logan Lokey Mackay McCracken McKemie Moate Moore Newton of Jenkins Pafford Parker
Pay ton Perry of Marion Perry of Lewis Phillips Raulerson Roberts Rodgers Roper Rowland Scarborough Sewell Sinclair Singer Smith of Forsyth Smith of Whitfield Stalnaker Stuckey Tabb Todd Tucker of Burke
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JOURNAL OF THE HOUSE,
Twitty Underwood of
Montgomery Underwood of Taylor
Walker Wells of Camden White Wilkes
Wilson of Cobb Mr. Speaker
On the motion to agree to the Senate amendment, the ayes were 118, nays 18.
The Senate amendment was agreed to.
The following Senate amendment was read:
Knox of the 24th, Chairman of Highways Committee, moves to amend HB 1, as follows:
By striking in its entirety Subsection (c) of Section 4, which is quoted in Section 1 of said Bill, and substituting in lieu thereof a new Subsection (c) to read as follows:
"(c) The State Highway Board shall meet in regular session one day in each month, and at such other special meetings as may be called by the Director of the State Highway Department, or a majority of the members of the Board from time to time. The members of the Board shall carefully study and visit each county within their respective districts to determine the needs for the construction of new roads and streets and the maintenance require ments for those existing facilities. The members of the Board shall receive no salary but shall receive the sum of twenty ($20.00) dol lars per day for each day of actual attendance at meetings of the Board and for those days actually spent in studying the road needs of the various counties within their districts, not to exceed four days per year for each county within their respective districts, in addition to actual expenses incurred in connection therewith, and actual cost of transportation to and from the place of meeting by the nearest practical route from their homes as well as the mileage expended in visiting said counties, such per diem and ex penses to be paid from funds appropriated to the State Highway Department upon presentation of vouchers by members of the Board, approved by the Chairman and signed by the Secretary."
On the motion to agree, the ayes were 113, nays 1. The Senate amendment was agreed to. The following Senate amendment was read:
Highways Committee moves to amend HB 1 as follows:
FRIDAY, JANUARY 25, 1963
331
By striking from Section 1 that sentence reading as follows:
"Vacancies occurring in the membership of the State Highway Board, when the General Assembly is not in session, shall be filled by the Governor by the appointment of a resident of the same dis trict to serve until the next regular session of the General Assem bly, at which time the General Assembly shall elect a resident of said district as herein provided to serve out the remainder of the unexpired term.",
and substituting in lieu thereof the following sentences:
"Beginning in 1967 vacancies occurring in the membership of the State Highway Board, when the General Assembly is not in session, shall be filled by a majority vote of the members of the House of Representatives and Senate from the counties and sena torial districts, embraced or partly embraced within that Congres sional District where said vacancy occurred, meeting in caucus in the same manner as that for the selection of Board Members as hereinbefore set out. Said caucus shall appoint a resident of the same district to serve until the next regular session of the General Assembly, at which time the General Assembly shall elect a resi dent of said district as herein provided to serve out the remainder of the unexpired term."
Mr. Bolton of Spalding 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 Acree Anderson Andrews Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Brantley Brooks of Oglethorpe Brown
Busbee Bynum Byrd Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Deen of Bacon Dicus Dixon Dorminy
Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Treutlen Fulford Funk Gibbons Groover Hale Harrell Harrington Harris Henderson Herndon
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JOURNAL OF THE HOUSE,
House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Keadle Kelly Keyton Killian King Kirkland Laite Lee of Clayton Lee of Dougherty Leonard Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McDonald McGarity Meeks Melton Milford Milhollin Mitchell
Mixon Moore Morgan Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Odom Overby Paris Parker Partridge Peterson Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Russell Rutland Sangster Shaw
Shea Shuman Simmons Simpson Smith of Telfair Smith of Emanuel Smith of Habersham Snow Spikes Steis Story Teague Todd Towson Tucker of Catoosa Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Alien Arnsdorff Bagby Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Fulton Caldwell Conger Crummey Cullens DeVane Duncan of Carroll Fowler of Douglas Greene Griffin Hall Hill Horton Isenberg Jones of Liberty Jones of Worth
Jordan of Floyd Jordan of Calhoun Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lewis Logan Lokey Mackay McClelland McCracken McKemie Moate Newton of Jenkins Pafford Payton Perry of Marion Perry of Evans Phillips Raulerson Rodgers
Roper Rowland Scarborough Sewell Sinclair Singer Smith of Forsyth Smith of Whitfield Stalnaker Stuckey Tabb Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Walker Wells of Camden White Wilkes Wilson of Cobb Mr. Speaker
FRIDAY, JANUARY 25, 1963
333
On the motion to agree, the ayes were 138, nays 0.
The Senate amendment was agreed to.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 23. By Mr. Sinclair of Macon:
A Bill to be entitled an Act to change the charter of the City of Montezuma; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 23, as follows:
By adding to Section 103, Subsection (g) the words and symbol "and/or" immediately following the words "system of waterworks" and by striking from said Section the words and symbol "and/or an elec trical system" and the word "electricity", so that when so amended said Subsection (g) shall read as follows:
"(g). To acquire, construct, operate, distribute, sell, and dis pose of public utilities, including but not limited to a system of waterworks and/or a natural gas system subject to the provisions of applicable general law. For water and gas furnished and for all sewerage and sanitary services rendered, said city shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes."
By adding to Section 103, Subsection (i) the word "Service" after the word "Public", so that when so amended said Subsection shall read as follows:
"(i). To regulate the rates and services of public utilities in-sofar as not in conflict with such regulation by the Georgia Public Service Commission or other similar State or Federal agency hav ing jurisdiction in such matters."
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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JOURNAL OP THE HOUSE,
HB 18. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, in order to provide for the procedure and practice in garnishments, in issuing executions from said Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 25. By Messrs. Brooks, Etheridge 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 provide that the City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any personal property, other than motor vehicles, re moved from the sidewalks and streets 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 26. By Messrs. Brooks, Etheridge 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 water mains in 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.
FRIDAY, JANUARY 25, 1963
335
HB 27. By Messrs. Brooks, Etheridge 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 sewers laid down or constructed through or over any private property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 34. By Messrs. Brooks, Etheridge 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 insurance on all 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 36. By Messrs. Brooks, Etheridge 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 business or occupation license fees; and for other purposes.
The report 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 49. By Mr. Watts of Talbot:
A Bill to be entitled an Act to amend an Act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into 3 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 55. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act to create The Steamship "Savannah" Com mission, a body corporate and politic and a public corporation of the State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 62. By Mr. Rainey of Crisp:
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 having a population of not less than 17,650 and not more than 17,800; and for other purposes.
The report 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 25, 1963
337
HB 67. By Messrs. Dixon and Ponsell 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 change 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 71. By Mr. Dorminy of Ben Hill:
A Bill to be entitled an Act to amend an Act amending and revising the Charter of 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 72. By Mr. Dorminy of Ben Hill: A Bill to be entitled an Act to create the Fitzgerald and Ben Hill County 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 74. By Mr. Tabb of Miller:
A Bill to be entitled an Act to amend an Act establishing a city court in and for the County of Miller, so as to increase the salary for the city judge; 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 78. By Messrs. Greene and Cullens of Bartow:
A Bill to be entitled an Act to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide for a change in compensa tion for Sheriff's deputies; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 79. By Messrs. Greene and Cullens 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 Sheriff, the Clerk of the Superior Court of such county, so as to change compensation of deputy 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 80. By Messrs. Greene and Cullens of Bartow:
A Bill to be entitled an Act to amend an Act to change from the fee system to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to change the compensation received by the Ordinary for clerical help; and for other purposes.
FRIDAY, JANUARY 25, 1963
339
The report 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 81. By Messrs. Greene and Cullens 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, so as to change the compensation received by the Commissioner 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 82. By Messrs. Greene and Cullens of Bartow: A Bill to be entitled an Act to amend an Act to consolidate offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner 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 83. By Messrs. Greene and Cullens 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 Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide that two automobiles and equipment be furnished the Sheriff's Office; and for other purposes.
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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 84. By Messrs. Knight and Towson of Laurens:
A Bill to be entitled an Act to amend an Act to place the Clerk of the Superior Court of Laurens County and his deputies 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 89. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating the office of Clerk of the Board of Commissioners of roads and revenues for Wayne County, so as to provide that the Clerk shall be appointed by the county admin istrator; and for other purposes.
The report 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 90. By Mr. Warren of Wayne: A Bill to he entitled an Act to create and establish the Jesup-Wayne County Airport Authority and to authorize such Authority to acquire, construct, equip, own, and improve airports and landing fields; and for other purposes.
FRIDAY, JANUARY 25, 1963
341
The report 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 91. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act to place the compensa tion of the Sheriff and Clerk of Wayne 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 92. By Messrs. Lowrey and Jordan of Ployd:
A Bill to be entitled an Act to provide for a supplement to the salary of the Judge of the Superior Court of the Rome 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 94. By Messrs. Killian and Isenberg of Glynn:
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 Brunswick shall not be affected by certain provisions; 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 98. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to change the compensation of the Coroner of Morgan County from a fee to a salary system; 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 99. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Madison, so as to change the compensation of the mayor and aldermen 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.
Pursuant to HE 70, the hour of adjournment having arrived, the Speaker announced the House adjourned until Monday, February 11, 1963, at 10:00 o'clock a.m.
MONDAY, FEBRUARY 11, 1963
343
Representative Hall, Atlanta, Georgia Monday February 11, 1963
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 Reverend Ellis Miller, Pastor of the First Methodist Church, Cairo, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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. McClelland of Fulton asked unanimous consent that the Clerk be di rected to correct the typographical error in the following Bills of the House, to-wit:
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JOURNAL OF THE HOUSE,
HB 26. By Messrs. Brooks, Etheridge 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 water mains in the City of East Point; and for other purposes.
HB 27. By Messrs. Brooks, Etheridge 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 sewers laid down or constructed through or over any private property; and for other purposes.
HB 36. By Messrs. Brooks, Etheridge 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 business or occupation license fees; and for other purposes.
The consent was granted.
Mr. Towson of Laurens asked unanimous consent that the House reconsider its action in passing the following Bill of the House:
HB 84. By Messrs. Knight and Towson of Laurens: A Bill to be entitled an Act to amend an Act entitled "An Act to place the clerk of the Superior Court of Laurens County and his deputies on a salary basis, to fix the salary of said clerk and to provide that said salary shall be paid from county funds; and for other purposes.
The consent was granted and the House reconsidered its action in giving HB 84 the requisite constitutional majority.
Representative-elect Cecil D. Crummey of Wilcox County, upon returning from a leave of absence granted because of a heart attack, was administered the oath of office by Honorable Robert L. Russell, Judge of the Georgia Court of Appeals.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 140. By Mr. Melton of Spalding: A Bill to be entitled an Act making provisions for 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; and for other purposes.
Referred to the Committee on Appropriations.
MONDAY, FEBRUARY 11, 1963
345
HB 141. 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, so as to authorize all judges and employees of courts to become members of said Retirement System; and for other purposes.
Referred to the Committee on Appropriations.
HB 142. By Mr. Harrington of Baldwin:
A Bill to be entitled an Act to authorize and empower the Department of Public Health to conduct a survey to determine the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 143. By Messrs. Shea, Punk and Richardson of Chatham:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.
HB 144. By Messrs. Chandler and Harrington of Baldwin, Simmons of Banks, McDonald of White, Story and Morgan of Gwinnett and others:
A Bill to be entitled an Act to provide for the use of voting machines for casting, registering and recording ballots at all elections; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.
Referred to the Committee on Judiciary.
HB 146. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to provide for investments; and for other purposes.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 147. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to create the "Georgia Real Estate Invest ment Board"; to provide for the composition, powers, duties, and authority of the Board; and for other purposes.
Referred to the Committee on Judiciary.
HB 148. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the Clerks of the Superior Courts of this State, so as to provide for investments; to authorize employment of agents for advisory pur poses; and for other purposes.
Referred to the Committee on Judiciary.
HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the teachers of this State, so as to authorize the employ ment of agents for advisory and investment purposes; and for other purposes.
Referred to the Committee on Judiciary.
HB 150. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of this State, so as to provide for invest ments; and for other purposes.
Referred to the Committee on Judiciary.
HB 151. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Georgia Fire men's Pension Fund, so as to provide for investments; and for other purposes.
Referred to the Committee on Judiciary.
HB 152. By Messrs. Busbee, Lee and Odom of Dougherty.
A Bill to be entitled an Act to authorize the Boards of Education of all Counties of this State to insure the lives and health of all teachers
MONDAY, FEBRUARY 11, 1963
347
and other employees of such boards of education, and authorizing such boards to pay the premiums to maintain such insurance; and for other purposes.
Referred to the Committee on Judiciary.
HB 153. By Messrs. Wilson of Cobb, Abney of Walker, Wells of Camden, Bowen of Toombs, Snow of Walker, Nessmith of Bulloch, and others:
A Bill to be entitled an Act to amend an Act affecting a complete re vision of the laws of this State relating to the qualification of voters; and for other purposes.
Referred to the Committee on Judiciary.
HB 154. By Mr. Coker of Turner:
A Bill to be entitled an Act to create a one member Commissioner of Roads and Revenues for Turner County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 155. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of indebtedness to credit unions; and for other purposes.
Referred to the Committee on Judiciary.
HB 156. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, so as to place State employees under the provisions of said section; and for other purposes.
Referred to the Committee on Judiciary.
HB 157. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to provide that notice of excavation of a public way be given public utilities; to provide that return notice be made by public utilities designating the location of facilities in such public way; to provide for penalty for violation of this Act; and for other purposes.
Referred to the Committee on Industry.
HR 77-157. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to repeal a Resolution entitled "To Recommend that the
348
JOURNAL OF THE HOUSE,
State discontinue the building of cabins at State Parks"; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 78-157. By Mr. McClelland of Fulton: A Resolution to compensate William Alien, Sr.; and for other purposes.
Referred to the Committee on Appropriations.
HR 79-157. By Mr. Clarke of Monroe: A Resolution compensating E. W. Banks; and for other purposes.
Referred to the Committee on Appropriations.
HR 80-157. By Mr. Wilson of Cobb: A Resolution compensating C. W. Clarke; and for other purposes.
Referred to the Committee on Appropriations.
HR 81-157. By Mr. Wilson 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 82-157. By Mr. Wilson of Cobb:
A Resolution authorizing the State Highway Department to compen sate Mr. LaFayette Brown Reece; and for other purposes.
Referred to the Committee on Appropriations.
HR 83-157. By Mr. Wilson 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 84-157. By Mr. Wilson 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.
MONDAY, FEBRUARY 11, 1963
349
HR 85-157. By Mr. McDonald of White:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of White County by the people; and for other purposes.
Referred to the Committee on Local Affairs.
HR 86-157. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A Resolution requesting the several State Retirement Systems to invest their funds in home loans on property located in Georgia; and for other purposes.
Referred to the Committee on Banks and Banking.
HR 87-157. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A Resolution encouraging the home building industry to organize and create its own insuring and regulating agency; and for other purposes.
Referred to the Committee on Banks and Banking.
HR 88-157. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A Resolution urging the Georgia Congressional Delegation in the United States Congress to lend their support and efforts toward relieving and eliminating the problems of the Federal Aid Agencies; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 158. By Mr. Matthews of Clarke and Mr. Newton of Colquitt:
A Bill to be entitled an Act to amend an Act relating to a health insurance plan for State employees, so as to authorize County Welfare Directors and other personnel of County Welfare Departments to par ticipate in such plan; and for other purposes.
Referred to the Committee on Appropriations.
HB 159. By Mr. Brown of Hart:
A Bill to be entitled an Act to create the office of Tax Commissioner of Hart County, so as to increase the Tax Commissioner's assistant's salary; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OP THE HOUSE,
HB 160. By Messrs. Brown of Hart, Milford of Franklin, Poss of Madison, Brooks of Oglethorpe and Johnson of Elbert:
A Bill to be entitled an Act to provide a salary for the official court reporter of the Northern Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
Referred to the Committee on Local Affairs.
HB 161. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to provide for an additional method of an appeal by an aggrieved faculty member of the University System of Georgia; and for other purposes.
Referred to the Committee on University System of Georgia.
HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A Bill to be entitled an Act comprehensively and exhaustively to re vise, supersede, consolidate, and codify the laws relating to Public Health, the Department of Public Health, the State Board of Health, County Boards of Health, sanitary districts, and district health com missioners; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 163. By Messrs. Keyton of Thomas and Greene of Bartow:
A Bill to be entitled an Act to provide for the payment of the cost of care of persons admitted or committed to State institutions which now or hereafter come under the management and control of the State Board of Health, or Georgia Department of Public Health, or any facility operated in conjunction therewith; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HR 89-163. By Mr. Conger of Decatur: A Resolution to compensate J. B. Long; and for other purposes.
Referred to the Committee on Appropriations.
HR 90-163. By Messrs. Griffin and Conger of Decatur:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Decatur County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 11, 1963
351
HB 164. By Messrs. Williams of Hall and Killian of Glynn:
A Bill to be entitled an Act to promote the safety, convenience and en joyment of public travel and the free flow of intrastate and interstate commerce; to control the erection and maintenance of outdoor adver tising signs, displays and devices adjacent to the National System of Interstate and Defense Highways in Georgia; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 165. 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 any part of St. Andrew's Sound in Camden County; and for other purposes.
Referred to the Committee on Natural Resources.
HB 166. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act incorporating the City of Kingsland, so as to provide for an increase in ad valorem property taxes; and for other purposes.
Referred to the Committee on Local Affairs.
HB 167. By Mr. Wells of Camden:
A Bill to be entitled an Act to authorize and empower the City of St. Mary's, Georgia to borrow the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations; and for other purposes.
Referred to the Committee on Local Affairs.
HB 168. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act creating a new city charter and municipal government for the City of St. Mary's; so as to provide the mayor and council the authority to adopt ordinances; and for other purposes.
Referred to the Committee on Local Affairs.
HB 169. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Pinehurst in Dooly County; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 114. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act known as the "Intangible Property Tax Act", so as to provide for tax on short-term notes representing credits secured by real estate; and for other purposes.
HB 115. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act known as the "Intangible Property Tax Act", so as to change the meaning of "long-term" and "short-term" notes; and for other purposes.
HB 116. By Messrs. Overby and Williams of Hall: A Bill to be entitled an Act incorporating the Town of Flowery Branch in Hall County, so as to change the name of the above mentioned municipality from "Town of Flowery Branch" to "City of Flowery Branch"; and for other purposes.
HB 117. By Mr. Groover of Bibb: A Bill to be entitled an Act to require a majority of the votes cast before any person may be nominated or elected in a primary, special or general election for an elected position of the State of Georgia; and for other purposes.
HB 118. By Mr. Causby of Gordon: A Bill to be entitled an Act to incorporate the City of Calhoun, to organize the municipal government thereof; and for other purposes.
HB 119. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Troup County; and for other purposes.
HB 120. By Messrs. Smith of Grady, Ware of Troup and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act providing for issuance, transfer, revocation, suspension, amendment and renewal of certificates of public convenience and necessity concerning the regulation of "motor carriers", so as to redefine the authority of the Georgia Public Service Commission upon certain grounds; and for other purposes.
MONDAY, FEBRUARY 11, 1963
353
HB 121. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning regulation of "motor common carriers", so as to redefine "for hire" transportation of a motor common carrier; and for other purposes.
HB 122. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning the regulation of "motor carriers", so as to define "for hire" transportation of a motor carrier; and for other purposes.
HB 123. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning regulation of "motor carriers", so as to provide that term "motor carrier" shall not include taxicabs, drays, trucks, buses and other motor vehicles which operate within corporate limits of municipalities and are subject to regulation by governing authorities of such municipalities; and for other purposes.
HB 124. 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 125. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act creating and establishing as a part of the executive branch of the State of Georgia a Department which shall be known as the Department of Public Safety; and for other purposes.
HB 126. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways, so as to define the term "Limitedaccess State Highway; and for other purposes.
HB 127. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to make it unlawful to injure or interfere with the property of any company or political subdivision relative to any electrical system, gas system, water system, sewerage system or communication system; and for other purposes.
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JOURNAL OP THE HOUSE,
HB 128. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to provide for the leasing of overhead or underground rights or property not useful for railroad purposes of the Western & Atlantic Railroad and to create a Western & Atlantic Railroad Commission, so as to change the composition of said Commis sion; and for other purposes.
HB 129. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to prescribe the degree of care required of fiduciaries; to prescribe the types of investments fiduciaries are permitted to make; and for other purposes.
HB 130. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to protect the right to work in this State from infringement based on the age of the employee or applicant for employment; and for other purposes.
HR 56-130. By Mr. Smith of Grady: A Resolution to compensate Julius W. Johnson; and for other purposes.
HR 57-130. By Mr. Causby of Gordon:
A Resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of developing as a tourist attraction the old eapitol of the Cherokee Indian National located near New Echota in Gordon County; and for other purposes.
HR 58-130. By Mr. Brown of Hart:
A Resolution proposing an amendment to the Constitution so as to create the Hart County Industrial Building Authority; and for other purposes.
HB 131. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Isenberg of Glynn, McClelland of Fulton, Rutland of DeKalb and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the creation of a State Literature Commission, so as to provide for declaratory relief; and for other purposes.
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Mackay and Harris of DeKalb, McClelland of Fulton and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to obscene pic tures and abusive and vulgar language, so as to provide that any per-
MONDAY, FEBRUARY 11, 1963
355
son who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.
HB 133. By Messrs. Bell and Hull of Richmond, and Tucker of Burke:
A Bill to be entitled an Act to amend an Act relating to the limit of loans by banks; and for other purposes.
HB 134. By Mr. Hill of Meriwether: A Bill to be entitled an Act to amend an Act providing and establishing a charter for the City of Woodbury, in the County of Meriwether; and for other purposes.
HB 135. By Mr. Duncan of Carroll: A Bill to be entitled an Act to amend an Act relating to objections in connection with a motion for a new trial to be raised before the trial judge; and for other purposes.
HB 136. By Messrs. McClelland, Etheridge and Brooks of Fulton: A Bill to be entitled an Act to amend an Act providing for pensions for members of the Police Departments in cities having a population of 150,000 or more; and for other purposes.
HB 137. By Messrs. McClelland, Etheridge and Brooks of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to provide that the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta certain territory; and for other purposes.
HR 59-137. By Mr. Underwood of Montgomery: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate the office of Ordinary and the office of Clerk of the Superior Court in any county in this State into the one office of Probate Judge; and for other purposes.
HR 60-137. By Mr. Fleming of Richmond: A Resolution to compensate J. F. Patton; and for other purposes.
HR 61-137. By Mr. Knight of Berrien: A Resolution to compensate Irvin David Suggs; and for other purposes.
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HB 138. By Mr. Knight of Berrien:
A Bill to be entitled an Act to repeal and supersede an Act incorporat ing the Town of Enigma; and for other purposes.
HB 139. By Mr. Story of Gwinnett:
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 clarify the provisions qualifying for credit for prior service; and for other purposes.
SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to be entitled an Act to authorize the State and all of its agen cies, within constitutional limitations, to make available, in certain in stances, services, assistance, funds, property and etc., to counties and municipalities who consolidate and merge; and for other purposes.
SB 6. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to be entitled an Act to authorize the Governor, within Consti tutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other purposes.
SB 7. By Senator Miller of the 50th:
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.
SR 7. By Senators Pannell of the 54th, Jackson of the 16th and Fuqua of the 22nd:
A Resolution proposing an amendment to the Constitution so as to provide for four (4) year terms for State Senators; to provide for a referendum; and for other purposes.
SB 8. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend Code Section 32-1003 relating to the procedure for filling vacancies occurring in the office of county superintendent of schools in any county, so as to change the procedure for filling vacancies as may occur in such office in any county; and for other purposes.
MONDAY, FEBRUARY 11, 1963
357
SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for the appointment of mem bers thereof; and for other purposes.
SB 12. By Senators Pannell of the 54th and Jackson of the 16th:
A Bill to be entitled an Act to create the North Georgia Mountains Au thority as a body corporate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its members; and for other purposes.
SR 14. By Senators Gayner of the 5th, Pannell of the 54th and Jackson of the 16th:
A Resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government; and for other purposes.
By unanimous consent, the following Resolution was read and adopted:
SR 25. By Senators Rowan of the 8th and McKinnon of the 7th:
A RESOLUTION
Proposing that the Commissioner of Agriculture and State Experi ment Stations conduct an immediate educational program concerning the proper use of "MH-30" and other cultural practices so as to elimi nate any adverse effects on the quality of tobacco in the State of Georgia; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
WHEREAS, there has been considerable discussion by farmers and other agricultural leaders as to the effect of Maleic Hydrazide (commonly known as "MH-30") and other cultural practices upon the quality of flue cured tobacco grown in the State of Georgia; and
WHEREAS, it is the opinion of the reputable and educated to bacco growers of Georgia that it is only the improper and excessive misuse of "MH-30" which might tend to adversely affect the quality of tobacco and that when used properly and in accordance with the manufacturers recommendations, "MH-30" will have no adverse effect upon the quality of tobacco grown in Georgia; and
WHEREAS, it is the further opinion of the reputable and edu cated tobacco farmers of Georgia that "MH-30" is of vital importance
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for "sucker-control" in the production of tobacco primarily because of the labor shortage in the tobacco producing areas of this State; and
WHEREAS, through proper self-discipline and adherence to strict and approved farming methods, it is possible to minimize the misuse of "MH-30" and other undesirable cultural practices; and
WHEREAS, it is of the utmost importance that all the tobacco farmers in Georgia be appraised of the proper method of using said "MH-30" and that an educational program needs to be put into effec tive operation as rapidly as possible so as to guard against both the misuse of this chemical and the numerous other undesirable cultural practices so as to produce the high quality of tobacco that Georgia growers have traditionally produced.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that all tobacco farmers of the State of Georgia pledge forthwith to police themselves and thereby eliminate any improper or excessive misuse of the chemical "MH-30" as well as other undesirable cultural practices that should not be used in the pro duction of quality flue cured tobacco, so as to assure the buyers and consumers that the quality of said tobacco has in no way been adversely affected and meets the traditional high quality standards of Georgia grown tobacco.
BE IT FURTHER RESOLVED, that the Georgia Commissioner of Agriculture and the Georgia State Extension Service through their various facilities and resources, including the county agents located in the several tobacco producing counties, conduct an immediate pro gram for the education of the tobacco farmers of Georgia in the most beneficial and proper use of "MH-30" and the practice of other desir able cultural methods from the standpoint of producing high quality tobacco and that such program shall have top priority above all others due to the emergency and importance of the situation.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 28. By Messrs. Brooks, Etheridge and McClelland of Fulton, Mackay, Harris and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to pensions of officers and employees in cities having a population of more than 150,000, so as to provide for a refund of contributions by members made for months for which no pension credit accrues; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 11, 1963
359
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 29. By Messrs. Brooks, Etheridge and McClelland of Fulton, Mackay, Harris and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; 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 30. By Messrs. Brooks, Etheridge and McClelland of Fulton, Mackay, Harris and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to repeal an Act relating to pensions for members of the Police Department in cities having a population of 150,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 31. By Messrs. Brooks, Etheridge and McClelland of Fulton, Mackay, Harris and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the Treasurer in cities having a population of more than 150,000; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 32. By Messrs. Brooks, Etheridge and McClelland of Fulton, Mackay, Harris and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; 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 33. By Messrs. Brooks, Etheridge and McClelland of Fulton, Mackay, Harris and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act to repeal an Act relating to pensions for members of the police department in cities having a population of more than 150,000, and relating to the Treasure; and for other purposes.
The report 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 requiiste constitutional majority, was passed.
HB 46. By Mr. Jordan of Calhoun: A Bill to be entitled an Act to change the terms of the Superior Court of Calhoun County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUAEY 11, 1963
361
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 Bills were taken up for consideration and read the third time:
HB 44. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act providing for the licensing and regulation of livestock dealers in the State of Georgia, to require recording of the names of persons bringing in livestock; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Bagby of Paulding asked that he be recorded as voting "Nay" on HB 44.
HB 96. By Mr. Towson of Laurens: A Bill to be entitled an Act to amend Code Section 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to provide that the bond required on behalf of the county shall not exceed $50,000.
The previous question was ordered.
The main question was ordered.
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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 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 56. By Messrs. Richardson, Shea and Funk 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 extend to any official or employee who is covered under the provisions of any other system.
The previous question was ordered.
The main question was ordered.
The report 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.
HB 47. By Messrs. Walker and Gibbons of Lowndes: A Bill to be entitled an Act to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collect ing tax fi. fas. which are issued by tax commissioners; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 11, 1963
363
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 54. By Messrs. House of Bibb, Pope of Cherokee, and others:
A Bill to be entitled an Act to provide that a prior period of residency in a territory afterwards annexed to a municipality shall be deemed residence within the municipality for the purpose of qualifying a per son to hold office; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report 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 52. By Messrs. Pickard of Muscogee, Fowler of Douglas, and others:
A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change in the per diem expense allowance for members of said board; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 31, nays 88.
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The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Pickard of Muscogee served notice that at the proper time he would ask that the House reconsider its action in failing to give HB 52 the requisite constitutional majority.
Accompanied by His Excellency, the Governor, and other distinguished guests, Honorable Herve Alphand, French ambassador to the United States ap peared upon the floor of the House.
Governor Carl E. Sanders presented the Ambassador, who briefly addressed the members of the House.
Mr. Bolton of Spalding 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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365
Representative Hall, Atlanta, Georgia Tuesday, February 12, 1963
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 Reverend Ellis Miller, Pastor of the First Methodist Church, Cairo, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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.
Mr. Pickard of Muscogee asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
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JOURNAL OF THE HOUSE,
HB 52. By Messrs. Pickard of Muscogee, Fowler of Douglas and others:
A Bill to be entitled an Act to amend an Act establish a State Board of Registration for Professional Engineers and Surveyors, so as to change in the per diem expense allowance for members of said board; and for other purposes.
The consent was granted and the bill was placed on the foot of the calendar.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 170. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act to amend the original Act creating the Municipal Court of Savannah, so as to increase the civil jurisdiction of said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 171. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act relating to the City Court of Savannah, so as to authorize and empower the Judge of the City Court of Savan nah to extend the time for hearing and determining motions for a new trial; and for other purposes.
Referred to the Committee on Local Affairs.
HB 172. By Mr. Parker of Screven: A Bill to be entitled an Act to create a Screven County Industrial Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson, Leonard of Murray, Teague of Cobb and Paris of Barrow: A Bill to be entitled an Act to regulate the purchase of used motor vehicles and parts therefrom; to define the term "motor vehicles"; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 174. By Mr. Simmons of Banks: A Bill to be entitled an Act to amend an Act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 12, 1963
367
HB 175. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to the regulation licensing and practice of dentists and dental hygienists, so as to pro vide for additional qualifications for applicants; and for other pur poses.
Referred to the Committee on Hygiene and Sanitation.
HB 176. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to dental hy gienists so as to provide that fees paid to the Board of Dental Examin ers shall not be refundable; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities, so as to provide for the purposes for which grants may be made; and for other purposes.
Referred to the Committee on State of Republic.
HB 178. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law for the State of Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 179. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act to supplement the fees of the Ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 180. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Liberty County, so as to change the compensation of the County Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 181. By Mr. Bynum of Rabun:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, so as to provide a clerk for the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HR 91-181. By Mr. Underwood of Montgomery: A Resolution to compensate Mr. Ray L. Adams; and for other purposes.
Referred to the Committee on Appropriations.
HR 92-181. By Mr. Underwood of Montgomery: A Resolution to compensate Mr. Donald Mosley; and for other purposes.
Referred to the Committee on Appropriations.
HR 93-181. By Mr. Jones of Liberty:
A Resolution proposing an amendment to the Constitution so as to provide that any proceeds from oil or any other mineral or minerals derived from State lands to be appropriated for educational purposes; and for other purposes.
Referred to the Committee on Appropriations.
HB 182. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Union Point, in the County of Greene; to provide for the election of Mayor; and for other purposes.
Referred to the Committee on Local Affairs.
HB 183. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Warm Springs, so as to change the amount of ad valorem tax; and for other purposes.
Referred to the Committee on Local Affairs.
HB 184. By Messrs. Mitchell and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act establishing an Employee's Retirement System, so as to change the number of times a current member may have previously withdrawn his contributions and still re-establish membership; and for other purposes.
Referred to the Committee on Industrial Relations.
TUESDAY, FEBRUARY 12, 1963
369
HB 185. By Messrs. Smith and Mitchell of Whitfield:
A Bill to be entitled an Act to amend the charter of the City of Dalton, establishing the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 186. By Messrs. Newton of Colquitt, Smith of Emanuel, Lowrey of Floyd, Milhollin of Coffee, Nessmith of Bulloch, Perry of Evans and many 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 seed, fertilizers, etc., when used directly in tilling the soil or animal husbandry; and for other purposes.
Referred to the Committee on Ways and Means.
HB 187. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Lowndes County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 188. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lowndes County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 94-188. By Mr. Kirkland of Tattnall: A Resolution to compensate Miss Sarah Lynn Rountree; and for other purposes.
Referred to the Committee on Appropriations.
HR 95-188. By Mr. Duncan of Fannin: A Resolution to compensate Luther Callahan; and for other purposes.
Referred to the Committee on Appropriations.
HB 189. By Mr. Duncan of Fannin: A Bill to be entitled an Act to amend an Act providing for a supple mental salary for the Ordinary of Fannin County, so as to change such supplemental compensation; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 190. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act establishing the State Employees Retirement System, so as to clarify the provisions relating to the accumulation of sufficient creditable service in order to qualify under involuntary separation provisions; and for other purposes.
Referred to the Committee on State of Republic.
HB 191. By Mr. Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the receipt of stock certificates of bank stock, so as to provide methods of receipt; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 192. By Messrs. Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act relating to purchase of stocks and investment securities by banks, so as to provide for the purchase of capital stock in bank service corporations; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 193. By Messrs. Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the regulation of the banking industry, so as to provide for the relocation of the main office, bank office or bank facility within a city, town or village; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 194. By Messrs. Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act relating to applications for amendments to bank charters, so as to change the vote of stock holders required to authorize a change in the location of the office of the bank; and for other purposes.
Referred to the Committee on Banks and Banking.
HR 96-194. By Mr. Causby of Gordon:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Gordon County; and for other purposes.
Referred to the Committee on Appropriations.
TUESDAY, FEBRUARY 12, 1963
371
HB 195. By Messrs. McClelland and Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the Recorders Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 196. By Messrs. Etheridge 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 enlarge the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 197. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the Budget; and for other purposes.
Referred to the Committee on Local Affairs.
HB 198. By Messrs. McClelland and Etheridge 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 corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
By uanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 140. By Mr. Melton of Spalding:
A Bill to be entitled an Act making provisions for 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 Fed eral Social Security Act; and for other purposes.
HB 141. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System for the State of Georgia, so as to authorize all judges and employees of courts to become mmebers of said Retire ment System; and for other purposes.
HB 142. By Mr. Harrington of Baldwin:
A Bill to be entitled an Act to authorize and empower the Department of Public Health to conduct a survey to determine the standards that
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JOURNAL OF THE HOUSE,
should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
HB 143. By Messrs. Shea, Funk and Richardson of Chatham:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of Savannah; and for other purposes.
HB 144. By Messrs. Chandler and Harrington of Baldwin, Simmons of Banks, McDonald of White, Story and Morgan of Gwinnett and others:
A Bill to be entitled an Act to provide for the use of voting machines for casting, registering and recording ballots at all elections; and for other purposes.
HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.
HB 146. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Peace Of ficers' Annuity and Benefit Fund, so as to provide for investments; and for other purposes.
HB 147. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to create the "Georgia Real Estate Invest ment Board"; to provide for the composition, powers, duties, and authority of the Board; and for other purposes.
HB 148. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the Clerks of the Superior Courts of this State, so as to provide for investments; to authorize employment of agents for advisory purposes; and for other purposes.
HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the teachers of this State, so as to authorize the employ-
TUESDAY, FEBRUARY 12, 1963
373
ment of agents for advisory and investment purposes; and for other purposes.
HB 150. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of this State, so as to provide for invest ments; and for other purposes.
HB 151. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Georgia Fire men's Pension Fund, so as to provide for investments; and for other purposes.
HB 152. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to be entitled an Act to authorize the Boards of Education of all Counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the premiums to maintain such insurance; and for other purposes.
HB 153. By Messrs. Wilson of Cobb, Abney of Walker, Wells of Camden, Bowen of Toombs, Snow of Walker, Nessmith of Bulloch, and others:
A Bill to be entitled an Act to amend an Act affecting a complete revision of the laws of this State relating to the qualification of voters; and for other purposes.
HB 154. By Mr. Coker of Turner:
A Bill to be entitled an Act to create a one member Commissioner of Roads and Revenues for Turner County; and for other purposes.
HB 155. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of indebtedness to credit unions; and for other purposes.
HB 156. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, so as to place State employees under the provisions of said section; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 157. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to provide that notice of excavation of a public way be given public utilities; to provide that return notice be made by public utilities designating the location of facilities in such public way; to provide for penalty for violation of this Act; and for other purposes.
HR 77-157. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to repeal a Resolution entitled "To Recommend that the State discontinue the building of cabins at State Parks"; and for other purposes.
HR 78-157. By Mr. McClelland of Fulton: A Resolution to compensate William Alien, Sr.; and for other purposes.
HR 79-157. By Mr. Clarke of Monroe: A Resolution compensating E. W. Banks; and for other purposes.
HR 80-157. By Mr. Wilson of Cobb: A Resolution compensating C. W. Clarke; and for other purposes.
HR 81-157. By Mr. Wilson of Cobb:
A Resolution authorizing the State Highway Department to compensate Mr. Harold R. Rhodes; and for other purposes.
HR 82-157. By Mr. Wilson of Cobb:
A Resolution authorizing the State Highway Department to compensate Mr. LaFayette Brown Reece; and for other purposes.
HR 83-157. By Mr. Wilson of Cobb:
A Resolution authorizing the State Highway Department to compensate Harley E. Carpenter; and for other purposes.
HR 84-157. By Mr. Wilson of Cobb:
A Resolution authorizing the State Highway Department to compensate Mrs. Ruby Bryant Daniel; and for other purposes.
TUESDAY, FEBRUARY 12, 1963
375
HE 85-157. By Mr. McDonald of White:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of White County by the people; and for other purposes.
HR 86-157. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A Resolution requesting the several State Retirement Systems to invest their funds in home loans on property located in Georgia; and for other purposes.
HR 87-157. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A Resolution encouraging the home building industry to organize and create its own insuring and regulating agency; and for other purposes.
HR 88-157. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A Resolution urging the Georgia Congressional Delegation in the United States Congress to lend their support and efforts toward reliev ing and eliminating the problems of the Federal Aid Agencies; and for other purposes.
HB 158. By Mr. Matthews of Clarke and Mr. Newton of Colquitt:
A Bill to be entitled an Act to amend an Act relating to a health insurance plan for State employees, so as to authorize County Welfare Directors and other personnel of County Welfare Departments to par ticipate in such plan; and for other purposes.
HB 159. By Mr. Brown of Hart:
A Bill to be entitled an Act to create the office of Tax Commissioner of Hart County, so as to increase the Tax Commissioner's assistant's salary; and for other purposes.
HB 160. By Messrs. Brown of Hart, Milford of Franklin, Poss of Madison, Brooks of Oglethorpe and Johnson of Elbert:
A Bill to be entitled an Act to provide a salary for the official court reporter of the Northern Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
HB 161. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act to provide for an additional method of an appeal by an aggrieved faculty member of the University System of Georgia; and for other purposes.
376
JOURNAL OP THE HOUSE,
HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A Bill to be entitled an Act comprehensively and exhaustively to revise, supersede, consolidate, and codify the laws relating to Public Health, the Department of Public Health, the State Board of Health, County Boards of Health, sanitary districts, and district health commissioners; and for other purposes.
HB 163. By Messrs. Keyton of Thomas and Greene of Bartow:
A Bill to be entitled an Act to provide for the payment of the cost of care of persons admitted or committed to State institutions which now or hereafter come under the management and control of the State Board of Health, or Georgia Department of Public Health, or any facility operated in conjunction therewith; and for other purposes.
HE 89-163. By Mr. Conger of Decatur: A Resolution to compensate J. C. Long; and for other purposes.
HR 90-163. By Messrs. Griffin and Conger of Decatur:
A Resolution authorizing the State Librarian to furnish to the Supe rior Court of Decatur County certain enumerated volumes of the Geor gia Supreme Court Reports and the Georgia Court of Appeals Reports; and for other purposes.
HB 164. By Messrs. Williams of Hall and Killian of Glynn:
A Bill to be entitled an Act to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and inter state commerce; to control the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the National System of Interstate and Defense Highways in Georgia; and for other purposes.
HB 165. 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 any part of St. Andrew's Sound in Camden County; and for other purposes.
HB 166. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act incorporating the City of Kingsland, so as to provide for an increase in ad valorem property taxes; and for other purposes.
TUESDAY, FEBRUARY 12, 1963
377
HB 167. By Mr. Wells of Camden:
A Bill to be entitled an Act to authorize and empower the City of St. Mary's, Georgia to borrow the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations; and for other purposes.
HB 168. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act creating a new City charter and municipal government for the City of St. Mary's; so as to provide the mayor and council the authority to adopt ordinances; and for other purposes.
HB 169. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Pinehurst in Dooly County; and for other purposes.
Mr. Melton of Spalding County, Chairman of the Committee on Education, submitted 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 76. Do Pass.
Respectfully submitted, Melton of Spalding, Chairman.
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the follow ing 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 111. Do Pass.
HR 42-107. Do Pass.
HR 47-107. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
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Mr. Ware of Troup County, Chairman of the Committee on State of Re public, has 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 125. Do Pass.
SB 5. Do Pass.
SR 9. Do Pass. HB 126. Do Pass as Amended.
SB 6. Do Pass by Substitute.
SB 12. Do Pass as Amended. Respectfully submitted,
Ware of Troup,
Chairman.
Mr. Paris of Barrow County, Chairman of the Committee on Temperance, submitted the following report:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 70. Do Pass. Respectfully submitted, Paris of Barrow,
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 follow ing Resolutions of the House to wit:
HR 62. By Messrs. Bell, Hull and Fleming of Richmond:
A Resolution requesting Congress to continue assistance to the Junior R.O.T.C. programs; and for other purposes.
TUESDAY, FEBRUARY 12, 1963
379
HR 63. By Messrs. Milhollin of Coffee, Newton of Colquitt and others:
A Resolution proposing that the Commissioner of Agriculture and State Experiment Stations conduct an educational program concerning the proper use of MH-30; and for other purposes.
HR 71. By Messrs. Brooks, McClelland and Etheridge of Pulton:
A Resolution expressing regrets at the passing of Dean Raimundo de Ovies; and for other purposes.
HR 73. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A Resolution expressing regrets at the passing of Hon. Luke S. Arnold, Chief Judge of the General Division of the Municipal Court of Atlanta; and for other purposes.
HR 74. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A Resolution expressing regrets at the passing of Hon. Benjamin Joseph Massell; and for other purposes.
HR 75. By Messrs. Brooks, McClelland and Etheridge of Dr. Wallace:
A Resolution expressing regrets at the passing of Dr. Wallace Rogers; and for other purposes.
HR 76. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A Resolution expressing regrets at the passing of Hon. Robert E. Lee Field; 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 65. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution extending an invitation to Hon. James E. Powers, Na tional Commander of the American Legion, to address a joint session of the House and Senate; and for other purposes.
380
JOURNAL OF THE HOUSE,
HR 70. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution relative to the adjournment of the General Assembly; 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 32. By Senator Heard of the 29th:
A Resolution relative to the development of the Chattahoochee-Apalachicola-Flint Water-way; and for other purposes.
The following resolutions of the House and Senate were read and adopted:
HR 97. By Messrs. McClelland, Etheridge and Brooks of Fulton:
WHEREAS, the Honorable James E. Jackson, a member of the Board of Aldermen of the City of Atlanta from the First Ward, died November 27, 1962; and
WHEREAS, he was one of the most conscientious and devoted per sons ever to serve his City, giving of himself unselfishly and untiringly during his tenure of twenty-two years; and
WHEREAS, during this period Atlanta has experienced tremen dous growth in all phases and Mr. Jackson's service, especially in the field of the expansion and operation of the water system, contributed greatly to its healthy progress; and
WHEREAS, this man, who loved his City and his State so well, is sorely missed.
BE IT, THEREFORE, RESOLVED by the General Assembly of the State of Georgia that this Body express its sorrow at the death of the Honorable James E. Jackson and its appreciation for his service to the City of Atlanta and the State of Georgia.
BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of this meeting and a copy thereof be forwarded to his family.
TUESDAY, FEBRUARY 12, 1963
381
HR 98. By Messrs. Smith of Grady, Bolton of Spalding and others:
A RESOLUTION
Expressing regrets at the passing of Mrs. R. C. Burton; and for other purposes.
WHEREAS, Mrs. R. C. Burton of Athens, Clarke County, Georgia, the mother of Honorable Joe N. Burton, Assistant to the Secretary of State, passed away on February 9, 1963; and
WHEREAS, Mrs. Burton exemplified the high ideals of Christian womanhood in her everyday life and activities; and
WHEREAS, her passing is a great loss to her many friends and her community, and to the countless friends of her distinguished son, Honorable Joe N. Burton.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that deepest regrets are hereby expressed upon the passing of Mrs. R. C. Burton, and the sincerest sympathy of all the members of this body is hereby extended to the members of her family, and in particular, to Honorable Joe N. Burton.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Joe N. Burton.
SR 32. By Senator Heard of the 29th:
A RESOLUTION
Relative to the development of the Chattahoochee-ApalachicolaFlint Waterway; and for other purposes.
WHEREAS, through the efforts of many Georgians, citizens and officials alike, have unceasingly supported and worked for the compre hensive development of the Chattahoochee-Apalachicola-Flint Water way; and
WHEREAS, the U. S. Corps of Engineers after a comprehensive and thorough study have made specific recommendations related to the development of said Waterway; and
WHEREAS, pursuant to said recommendations several dams along said Waterway have been constructed which provide navigation, power, recreational areas, flood control and many other varied facilities; and
WHEREAS, the flood control dam above West Point, Georgia, to be constructed for flood control purposes in the area of the middle reach
382
JOURNAL OP THE HOUSE,
of the Chattahoochee River has been approved and funds have been made available therefor; and
WHEREAS, a navigable Waterway from Atlanta, the great capi tal City of Georgia to the Gulf of Mexico would greatly enhance and increase the prosperity, economy and well being of the State of Georgia and surrounding states; and
WHEREAS, it is the desire and hope of the General Assembly of Georgia and the citizens of the State of Georgia that the ChattahoocheeApalachicola-Plint Waterway will eventually be completed; and
WHEREAS, it is the common knowledge of Federal officials, State officials and the managerial officials of the many industries of the United States that the southeastern section of the United States of America and particularly the State of Georgia, by Divine Providence, is blessed with a bountiful and adequate water supply.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF GEORGIA that the State of Georgia through its legislative branch, in Session duly assembled, heartily endorse and commend the untiring efforts of the U. S. Corps of Engineers for the studies, recommenda tions and explorations relating to the Chattahoochee-ApalachicolaFlint Waterway and appreciation is hereby expressed for the work and development that has been previously completed and is now being done.
BE IT FURTHER RESOLVED that the Congressional Delegation from Georgia in the United States Congress are hereby commended and sincerely thanked for their untiring efforts in the development of the Chattahoochee-Apalachicola-Flint Waterway and said Delegation is hereby urged to continue their efforts for the development of said Waterway and particularly the further development of the Chattahoo chee and Flint Rivers as approved by the U. S. Corps of Engineers.
BE IT FURTHER RESOLVED that thanks is hereby expressed to Him who has blessed and bestowed the bountiful natural resources upon the State of Georgia.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to furnish an appropriate copy of this Resolution to General W. K. Wilson, Jr., Chief of Engineers, U. S. Corps of Engineers, Washington, D. C.; General H. A. Morris, Division Engineer, South Atlantic Division, Corps of Army Engineers, P. 0. Box 1889, Atlanta 1, Georgia; Colonel Jack R. Harris, District Engi neer, Savannah District, 200 East Julian Street, Savannah, .Georgia; and to each member of the Congressional Delegation from Georgia in
the United States Congress.
Mr. Wilkes of Cook moved that the House do now adjourn until 10:00 to morrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 tomorrow morning.
WEDNESDAY, FEBRUARY 13, 1963
383
Representative Hall, Atlanta, Georgia Wednesday, February 13, 1963.
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 Reverend Ralph Porterfield, former pastor of the Sardis Methodist Church, Atlanta, Georgia.
The roll call was ordered and the following members answered to their names:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon
DeVane Dixon Dorminy Duncan of Fannin Echols Etheridge Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Groover Hale Hall Harrell Harris Henderson Herndon Hill Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton
Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby
384
Pafford Paris Parker Partridge Payton Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Roberts Roper Rowland Russell Rutland Sangster
JOURNAL OF THE HOUSE,
Scarborough Sewell Shaw Shuman Simpson Sinclair Singer Smith of Porsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson
Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Mr. Clarke of Monroe, 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, FEBRUARY 13, 1963
385
Mr. Duncan of Carroll arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bills and Resolutions of the House were read the first time, and referred to the Committees:
HB 199. By Messrs. Dicus of Muscogee, Perry of Marion, Killian of Glynn and others:
A Bill to be entitled an Act to require that a sign reading "Communist Made Products Sold Here", shall be displayed at all entrances of whole sale and retail establishments in this State which offer goods produced in Communist countries; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 200. By Messrs. Parker of Screven, Newton of Jenkins, Lane of Bulloch, Arnsdorff of Effingham, Kirkland of Tattnall and many others:
A Bill to be entitled an Act to amend an Act relating to the wages of deceased employee paid to widow, minors or guardian, so as to include persons employed by the Board of Education and Municipal corpora tions; and for other purposes.
Referred to the Committee of Special Judiciary.
HB 201. By Messrs. Rutland, Harris and Mackay of DeKalb:
A Bill to be entitled an Act to authorize and empower the Department of Public Safety to use timing devices and radar equipment to enforce traffic; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 202. By Messrs. Lane of Bulloch, Paris of Barrow, Simpson of Wheeler, Brantley of Candler, Waldrop of Carroll, Parker of Screven and others:
A Bill to be entitled an Act to create a Georgia Recreation Commission; and for other purposes.
Referred to the Committee on Appropriations.
HB 203. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, so as to provide for two year terms for the Mayor and Alderman; and for other purposes.
Referred to the Committee on Local Affairs.
386
JOURNAL OF THE HOUSE,
HB 204. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Camilla; and for other purposes.
Referred to the Committee on Local Affairs.
HB 205. By Mr. Shea of Chatham:
A Bill to be entitled an Act to provide that counties, municipalities, county boards of education, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 206. By Mr. Shea of Chatham:
A Bill to be entitled an Act to amend an Act to provide that upon the third or subsequent conviction under the lottery statutes, the maximum imprisonment therefor shall be imposed; and for other purposes.
Referred to the Committee on Judiciary.
HB 207. By Mr. Shea of Chatham:
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 wherein any State funds are expended for such purposes; to require a determination of prevailing wage rates for such workers; and for other purposes.
Referred to the Committee on Judiciary.
HB 208. By Messrs. Shea, Funk and Richardson of Chatham:
A Bill to be entitled an Act to amend an Act relating to the procedure for cancellation of mortgages, so as to provide an additional method of cancellation; and for other purposes.
Referred to the Committee on Judiciary.
HB 209. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code of 1960, so as to remove the provision providing that no policy of group life insurance may be issued to or for a labor union; and for other purposes.
Referred to the Committee on Insurance.
WEDNESDAY, FEBRUARY 13, 1963
387
HB 210. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a provision providing for the exclusive use of Georgia forest products; and for other purposes.
Referred to the Committee on Natural Resources.
HB 211. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the Town of Lenox, so as to give the Town counsel power and authority to lease specific property; and for other purposes.
Referred to the Committee on Local Affairs.
HB 212. By Mr. Shaw of Long:
A Bill to be entitled an Act to amend an Act establishing the Commis sioners of Roads and Revenues for Long County, so as to strike out the provision for per diem method of compensation and substitute a salary for the commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 213. By Mr. Shaw of Long:
A Bill to be entitled an Act to amend an Act establishing a City Court of Ludowici; and for other purposes.
Referred to the Committee on Local Affairs.
HB 214. By Mr. Shaw of Long:
A Bill to be entitled an Act to provide that the Sheriff and Deputy Sheriff of Long County shall be placed upon a salary, plus compensation set forth; and for other purposes.
Referred to the Committee on Local Affairs.
HB 215. By Mr. Logan of Gilmer:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner and an Advisory Board of Gilmer County, so as to provide for an annual audit of the office of County Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
388
JOURNAL OF THE HOUSE,
HB 216. 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 217. By Messrs. Lee of Clinch, Wilkes of Cook, Groover of Bibb, Byrd of Walton, Kirkland of Tattnall and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to rules and regu lations of the State Board of Barber and Beauticians Examiners, so as to provide for the posting of signs at the main entrance to barber shops and beauty shops; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 218. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
Referred to the Committee on Local Affairs.
HB 219. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 220. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 221. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on a salary system in lieu of a fee system; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 13, 1963
389
HB 222. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating the Clayton Judicial Circuit, so as to provide personnel, offices, and supplies for the use of the Judge and Solicitor-General; and for other purposes.
Referred to the Committee on Local Affairs.
HB 223. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding, Cullens of Bartow, McGarity of Henry and Twitty of Mitchell:
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 change the qualifications for appointment to the office of solicitor-general emeritus; and for other purposes.
Referred to the Committee on Judiciary.
HB 224. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding, Cullens of Bartow and McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to a health insur ance plan for State employees, so as to authorize Solicitors-General to participate; and for other purposes.
Referred to the Committee on Judiciary.
HB 225. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs, and Williams of Coffee:
A Bill to be entitled an Act to regulate the occupation of cosmetology, so as to define "cosmetology"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs and Williams of Coffee:
A Bill to be entitled an Act to amend an Act relating to the barbers and hairdressers, so as to define "Barbering"; to abolish the State Board of Barber and Beauticians Examiners; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 227. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act limiting the effect of openend clauses appearing in certain instruments, so as to provide a method whereby open instruments may be closed; and for other purposes.
Referred to the Committee on Judiciary.
390
JOURNAL OP THE HOUSE,
HB 228. By Mr. Jones of Worth:
A Bill to be entitled an Act to establish a Small Claims Court in counties having a population of not less than 15,900 and not more than 16,700; and for other purposes.
Referred to the Committee on Local Affairs.
HB 229. By Messrs. Key ton and Russell of Thomas:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston; and for other purposes.
Referred to the Committee on Local Affairs.
HB 230. By Messrs. Keyton and Russell of Thomas:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston; and for other purposes.
Referred to the Committee on Local Affairs.
HR 99-230. By Mr. Duncan of Carroll:
A Resolution proposing an amendment to the Constitution to allow Governors to succeed themselves in office; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 100-230. By Mr. Williams of Hall:
A Resolution authorizing the granting of an easement across, through and over certain real property located in Hall County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 101-230. By Messrs. Teague of Cobb, Harrington of Baldwin, Todd of Glascock, Flournoy of Cobb, Chandler of Baldwin, Deen of Dacon and others: A Resolution proposing an amendment to the Constitution so as to provide for an exemption of property of persons 65 years of age or older to the value in the aggregate of $4,000.00; and for other purposes.
Referred to the Committee on Ways and Means.
HR 102-230. By Mr. Smith of Telfair:
A Resolution proposing an amendment to the Constitution so as to provide that Telfair County officers shall be ineligible to hold office under certain conditions; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 13, 1963
391
HB 231. By Mr. Smith of Telfair:
A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the City of McRae; and for other purposes.
Referred to the Committee on Local Affairs.
HB 232. By Mr. Lee of Clinch:
A Bill to be entitled an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the Clerk of the Board of Commissioners of Roads and Revenues, for Clinch County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 233. By Mr. Reaves of Brooks:
A Bill to be entitled an Act creating a Small Claims Court in certain Counties having a population of not less than 15,230 and not more than 15,825; and for other purposes.
Referred to the Committee on Local Affairs.
HB 234. By Messrs. Griffin and Conger of Decatur:
A Bill to be entitled an Act to amend an Act incorporating the City of Bainbridge, so as to raise the age limit for employees eligible to partici pate in the retirement system of the City of Bainbridge; and for other purposes.
Referred to the Committee on Local Affairs.
HB 235. By Messrs. House of Bibb, Clarke of Monroe, Bagby of Paulding, Killian of Glynn and Steis of Harris:
A Bill to be entitled an Act to authorize the presiding Judge in a Court of Record to allow counsel fees in certain cases; and for other purposes.
Referred to the Committee on Judiciary.
HB 236. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act 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 that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 237. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to annual reports; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 238. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to create the "Crime Investigating Commis sion; to provide for legislative intent; to provide for funds; 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:
HB 170. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act to amend the original Act creating the Municipal Court of Savannah, so as to increase the civil jurisdiction of said Court; and for other purposes.
HB 171. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act relating to the City Court of Savannah, so as to authorize and empower the Judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial; and for other purposes.
HB 172. By Mr. Parker of Screven:
A Bill to be entitled an Act to create a Screven County Industrial De velopment Authority; and for other purposes.
HB 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson, Leonard of Murray, Teague of Cobb and Paris of Barrow:
A Bill to be entitled an Act to regulate the purchase of used motor vehicles and parts therefrom; to define the term "motor vehicle"; and for other purposes.
HB 174. By Mr. Simmons of Banks:
A Bill to be entitled an Act to amend an Act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other purposes.
WEDNESDAY, FEBRUARY 13, 1963
393
HB 175. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to the regulation licensing and practice of dentists and dental hygienists, so as to provide for additional qualifications for applicants; and for other purposes.
HB 176. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to dental hygienists so as to provide that fees paid to the Board of Dental Examiners shall not be refundable; and for other purposes.
HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities, so as to provide for the purposes for which grants may be made; and for other purposes.
HB 178. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive Vital Statistics Law for the State of Georgia; and for other purposes.
HB 179. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act to supplement the fees of the Ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.
HB 180. By Mr. Jones of Liberty: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Liberty County, so as to change the compensation of the County Commissioners; and for other purposes.
HB 181. By Mr. Bynum of Rabun: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, so as to provide a clerk for the Tax Commissioner; and for other purposes.
HR 91-181. By Mr. Underwood of Montgomery: A Resolution to compensate Mr. Ray L. Adams; and for other purposes.
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JOURNAL OP THE HOUSE,
HR 92-181. By Mr. Underwood of Montgomery: A Resolution to compensate Mr. Donald Mosley; and for other purposes.
HR 93-181. By Mr. Jones of Liberty:
A Resolution proposing an amendment to the Constitution so as to provide that any proceeds from oil or any other mineral or minerals derived from State lands to be appropriated for educational purposes; and for other purposes.
HB 182. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act entitled "An Act to incor porate the City of Union Point, in the County of Greene; to provide for the election of Mayor; and for other purposes.
HB 183. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Warm Springs, so as to change the amount of ad valorem tax; and for other purposes.
HB 184. By Messrs. Mitchell and Smith of Whitfield:
A Bill to be entitled an Act to amend an Act establishing an Employee's Retirement System, so as to change the number of times a current mem ber may have previously withdrawn his contributions and still re-estab lish membership; and for other purposes.
HB 185. By Messrs. Smith and Mitchell of Whitfield: A Bill to be entitled an Act to amend the charter of the City of Dalton, establishing the corporate limits; and for other purposes.
HB 186. By Messrs. Newton of Colquitt, Smith of Emanuel, Lowrey of Floyd, Milhollin of Coffee, Nessmith of Bulloch, Perry of Evans and many 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 seed, fertilizer, etc., when used directly in tilling the soil or animal husbandry; and for other purposes.
HB 187. By Messrs. Walker and Gibbons of Lowndes: A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Lowndes County; and for other purposes.
WEDNESDAY, FEBRUARY 13, 1963
395
HB 188. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Lowndes County; and for other purposes.
HR 94-188. By Mr. Kirkland of Tattnall:
A Resolution to compensate Miss Sarah Lynn Rountree; and for other purposes.
HR 95-188. By Mr. Duncan of Fannin: A Resolution to compensate Luther Callihan; and for other purposes.
HB 189. By Mr. Duncan of Fannin:
A Bill to be entitled an Act to amend an Act providing for a supple mental salary for the Ordinary of Fannin County, so as to change such supplemental compensation; and for other purposes.
HB 190. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act establishing the State Employees Retirement System, so as to clarify the provisions relating to the accumulation of sufficient creditable service in order to qualify under involuntary separation provisions; and for other purposes.
HB 191. By Mr. Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the receipt of stock certificates of bank stock, so as to provide methods of receipt; and for other purposes.
HB 192. By Messrs. Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act relating to purchase of stocks and investment securities by banks, so as to provide for the purchase of capital stock in bank service corporations; and for other purposes.
HB 193. By Messrs. Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act relating to the regulation of the banking industry, so as to provide for the relocation of the main office, bank office or bank facility within a city, town or village; and for other purposes.
396
JOURNAL OF THE HOUSE,
HB 194. By Messrs. Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act relating to applications for amendments to bank charters, so as to change the vote of stock holders required to authorize a change in the location of the office of the bank; and for other purposes.
HR 96-194. By Mr. Causby of Gordon:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Gordon County; and for other purposes.
HB 195. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the Recorders Court; and for other purposes.
HB 196. By Messrs. Etheridge and McClelland of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to enlarge the corporate limits; and for other purposes.
HB 197. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the Budget; and for other purposes.
HB 198. By Messrs. McClelland and Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to the corporate limits; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 64. Do Pass. Respectfully submitted, Blalock of Coweta, Chairman.
WEDNESDAY, FEBRUARY 13, 1963
397
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 104. Do Pass. HB 59. Do Pass. HB 145. Do Pass. HB 146. Do Pass. HB 147. Do Pass. HB 148. Do Pass. HB 149. Do Pass. HB 150. Do Pass. HB 151. Do Pass. HB 152. Do Pass. HB 156. Do Pass, as Amended. HB 132. Do Pass, as Amended. HB 40. Do Pass, as Amended.
Respectfully submitted,
Busbee of Dougherty, Chairman.
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the House and has instructed me, as Chairman, to report 'the same back to the House with the following recommendations:
HB 101. Do Pass, as Amended. HB 138. Do Pass, as Amended. HB 116. Do Pass. HB 118. Do Pass. HB 119. Do Pass.
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JOURNAL OF THE HOUSE,
HB 134. Do Pass. HR 58-130. Do Pass.
Respectfully submitted, Hale of Dade, 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 Resolutions of the House, to wit:
HB 2. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend the Current Income Tax Payment Act of 1960; to pro vide for the filing of declarations of estimated income tax by certain corporations; and for other purposes.
HR 15. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution to ratify, approve, and confirm the executive order of the Governor, dated February 26, 1962, 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 until the next meeting of the General Assembly; and for other purposes.
HR 16. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution to ratify, approve, and confirm the executive order of the Governor, dated September 25, 1962, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the purchases of tangible personal property and services for educational purposes; and for other purposes.
HR 17. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem tax pur poses; and for other purposes.
HR 27. By Messrs. Smith of Grady and Bolton of Spalding:
A Resolution providing for a seal for the General Assembly and the House of Representatives and Senate; and for other purposes.
WEDNESDAY, FEBRUARY 13, 1963
399
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 43. By Senators Kendrick of the 32nd and Yancey of the 33rd:
A Resolution urging the Board of Regents of the University System of Georgia to construct additional dormitories for Southern Technical In stitute located at Marietta, Georgia; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 103. By Messrs. Hill of Meriwether, Smith of Grady, and many others:
A RESOLUTION
Wishing a speedy recovery for Honorable Geo. L. Smith II; and for other purposes.
WHEREAS, Honorable Geo. L. Smith II, Representative from Emanuel County, and former Speaker of this body, is absent from the House due to illness; and
WHEREAS, his expert counsel and advice and his affable good nature are sorely missed by the members of the House; and
WHEREAS, the deliberations of this body do not seem the same without the presence of the gentleman from Emanuel.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body wish for Geo. L. a most speedy recovery and hope he will return to the House Chamber with all due speed.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Honorable Geo. L. Smith II.
HR 104. By Mr. Smith of Grady:
A RESOLUTION
Extending an invitation to the Honorable M. Monroe Kimbrel to address a joint session of the House and Senate; and for other purposes.
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JOURNAL OF THE HOUSE,
WHEREAS, the State of Georgia is honored to have as one of its citizens and native sons the Honorable M. Monroe Kimbrel who has recently been elected President of the American Bankers Association thereby becoming the youngest President in the 88 year old history of that association; and
WHEREAS, the Honorable M. Monroe Kimbrel will have the fur ther honor and distinction of leading the American Bankers Association during the observance of this year as the 100th anniversary of our country's commercial banking system; and
WHEREAS, the outstanding contributions of this notable man to his community, his State, and his Nation reflect honor upon all the citizens of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable M. Monroe Kimbrel is hereby extended a most cordial invitation to address a joint session of the House and Senate at 11:00 o'clock A.M. on February 27, 1963. A joint session of the House and Senate is hereby called for the aforesaid pur pose, which joint session shall be held at 10:45 o'clock A.M. on February 27, 1963, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Speaker of the House and the Lieutenant Governor are hereby authorized to make whatever ar rangements are necessary to carry out 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 Honorable M. Monroe Kimbrel and to the Governor.
HR 114. By Messrs. McClelland and Etheridge of Fulton, Blalock of Clayton and many others:
A RESOLUTION
Extending best wishes for a speedy recovery to Honorable Wilson Brooks; and for other purposes.
WHEREAS, Honorable Wilson Brooks, the distinguished Repre sentative from Fulton County, has been absent from the Halls of the House of Representatives during the 1963 Session of the General Assem bly because of illness; and
WHEREAS, he is a highly respected member of the General Assem bly and during his six (6) previous years as a member of this Body his services to the State of Georgia have been outstanding; and
WHEREAS, his counsel and advice to his colleagues in the House of Representatives has been sorely missed; and
WHEREAS, this distinguished gentleman's activities in his pro fession as an Attorney at Law and in his civil and religious endeavors have been greatly felt by his associates;
WEDNESDAY, FEBRUARY 13, 1963
401
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the sincerest wishes for a speedy recovery are hereby extended by this Body to Honorable Wilson Brooks and the members of this Body do hereby express their heartfelt hope that he will soon be able to favor the House of Representatives with his presence and with his counsel, advice and deliberations.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to immediately for ward an appropriate copy of this Resolution to Honorable Wilson Brooks, the distinguished Representative from Fulton County.
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 76. By Messrs. Parker of Screven, Keyton of Thomas and others: A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia, so as to change the method of calculating financial ability of local units of administration; and for other purposes.
The following amendment was read and adopted:
Mr. Payton of Coweta moves to amend HB 76 as follows:
By renumbering Sec. 4 as Sec. 5 and by adding a new Sec. 4 to read as follows:
Section 4. If any provision or part of a section be declared unconstitutional, the remaining sections or parts of said Act shall be valid.
Mr. Rutland of DeKalb 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 Acree Alien
Anderson Andrews Arnsdorff
Bagby Ballard Barber
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JOURNAL OF THE HOUSE,
Baughman Bedgood Bell Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Been of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fulford Funk Gibbons Greene Griffin Groover Hale Harrell Harrington Harris Henderson Herndon Hill
Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McKemie Melton Milford Milhollin Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge
Payton Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Rainey Reaves Richardson Roberts Roper Russell Rutland Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Twitty Underwood of
Montgomery Vaughn Waldrop Walker Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
WEDNESDAY, FEBRUARY 13, 1963
403
Those not voting were Messrs:
Black Blalock of Coweta Branch Brooks of Oglethorpe Brooks of Fulton Causby Conner Crummey Fowler of Treutlen Hall Jones of Worth Keadle
Lambert Lewis Matthews of Colquitt McGarity Meeks Mitchell Mixon Phillips Raulerson Rhodes Rodgers Rowland
Sangster Smith of Emanuel Smith of Whitfield Stuckey Tucker of Catoosa Tucker of Burke Underwood of Taylor Ware Watson Williams of Hall
On the passage of the Bill, as amended, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Blalock of Coweta, Lewis of Wilkinson, Brooks of Oglethorpe and McGarity of Henry, stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye" on HB 76.
SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to be entitled an Act to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and munici palities who consolidate and merge; and for other purposes.
The following amendments were read and adopted:
Mr. Murphy of Haralson moves to amend SB 5 as follows:
By adding at the end of Section 1 the following, to-wit:
"Provided that in the event any agencies are consolidated under this Act and the governing authority of either political subdivision affected under said consolidation desires to terminate same, it shall have the right to terminate same upon 30 days' notice to the state agency and the other subdivisions involved. Upon the expiration of said 30 day period, said consolidation shall stand dissolved as if never in effect."
Mr. Groover of Bibb moves to amend SB 5 by striking the word
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JOURNAL OF THE HOUSE,
"or" in line 2 on page 2 and inserting in lieu thereof the word 'and" and to amend the caption accordingly.
The previous question was ordered.
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.:
Abney Alien Andrews Ballard Barber Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Brackin Brown Busbee Byrd Caldwell Carr Chandler Coker of Cherokee Conner Cullens Dean of Polk Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd
Fowler of Douglas Funk
Gibbons Greene Groover Hale Harrell Harrington Harris Herndop House Housten Hull Isenberg Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Killian King Kirkland Laite Lee of Clayton Lee of Dougherty Leonard Lokey Lowrey Matthews of Clarke McClelland McGarity McKemie Meeks Melton Milford
Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Newton of Jenkins Newton of Colquitt Odom Overby Parker Payton Perry of Marion Peterson Pickard Ponsell Pope Richardson Rodgers Rutland Shea Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story
WEDNESDAY, FEBRUARY 13, 1963
405
Tabb Teague Towson Twitty Underwood of
Montgomery
Vaughn Waldrop Walker Ware Warren Wells of Camden
Wilkes Williams of Coffee Wilson of Cobb
Those voting in the negative were Messrs.:
Acree Anderson Bagby Baughman Bowen of Dawson Brantley Brooks of Oglethorpe Bynum Causby Clark of Catoosa Davis Flynt Henderson Hill Horton
Johnson of Warren Knight of Berrien Lane Lee Lewis Lindsey Matthews of Colquitt McCracken McDonald Nessmith Pafford Paris Partridge Perry of Evans
Poole
Poss Rainey Reaves Rhodes Roberts Scarborough Sewell Shuman Simmons Todd Wells of Oconee Wilson of Brantley Woodward
Those not voting were Messrs.:
Arnsdorff Black Branch Brooks of Fulton Chance Clarke of Monroe Coker of Turner Conger Crummey Deen of Bacon DeVane Fowler of Treutlen Fulford Griffin Hall
Hurst Johnson of Elbert Jones of Liberty Jones of Lumpkin Keadle Kelly Keyton Knight of Laurens Lambert Logan Mackay Moate Phillips Raulerson Roper
Rowland Russell Sangster Shaw Singer Smith of Emanuel Stuckey Tucker of Catoosa Tucker of Burke Underwood of Taylor Watson Watts Wells of Peach White Williams of Hall
On the passage of the Bill, as amended, the ayes were 116, nays 43.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lane of Bulloch stated that he inadvertently voted "Nay" on SB 5 and would like to be recorded as voting "Aye".
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JOURNAL OF THE HOUSE,
Mr. Kelly of Jasper stated that he was called from the Hall of the House to confer with constituents at the time the roll was called and asked that he be recorded as voting "Nay" on SB 5.
SB 6. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to be entitled an Act to authorize the Governor, within Consti tutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other purposes.
The following committee substitute was read and adopted:
COMMITTEE SUBSTITUTE FOR SB 6 A BILL
TO BE ENTITLED
An Act to authorize the Governor, within Constitutional limitations, to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, boards or bureaus of this State, or of any functions thereof; to define when such consolidation or merger shall become permanent and final; to provide for exceptions; to provide for an expiration date; to repeal conflicting laws; and for other pur poses.
WHEREAS, it is evident that the need for expanded State services during the next four (4) fiscal years will necessitate the effecting of economies and savings wherever possible in the operation of the State Government; and
WHEREAS, the "Governor's Commission for Efficiency and Im provement in Government" is being created for the purpose of conduct ing studies into the organization and operation of the departments and other agencies of the State Government, and make recommendations for the more efficient and economical operation thereof which will call for the need for immediate action upon such recommendations.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Governor is hereby authorized, acting within and subject to Constitutional limitations, to direct, effectuate, and take all action necessary to provide for the consolidation and merger of any one or more departments, agencies, boards, bureaus, or commissions of State Government, with one or more other departments, agencies, boards, bu reaus or commissions of State Government, or in like manner to provide for the consolidation, transfer or merger of the functions of one or more such departments, agencies, boards, bureaus or commissions.
Section 2. Whenever a consolidation, transfer, or merger is made by the Governor hereunder, he shall submit a report thereof to the next
WEDNESDAY, FEBRUARY 13, 1963
407
regular session of the General Assembly, setting forth the details of such consolidation, transfer, or merger, and the reasons therefor, and no such consolidation, transfer or merger shall become permanent and final unless a resolution approving the same is adopted by the General Assembly at such session.
Section 3. The provisions of this Act shall not apply to any of the duties, powers, authority or responsibilities, now or hereafter provided by law, of the elected State officials provided for in the Constitution of this State.
Section 4. The provisions of this Act shall expire on December 31, 1966, and this Act shall no longer be of any force and effect after that date, except the provisions of Section 2 shall remain in effect until the expiration of the regular session of the General Assembly of 1967, at which time it shall expire.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Brown Busbee Bynum Byrd Caldwell . Carr Chance Chandler
Clarke of Monroe Coker of Cherokee Conner Dean of Polk Dicus Dixon Dorminy Duncan of Fannin Etheridge Fleming Flournoy Fowler of Douglas Funk Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon
Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Killian King Kirkland Laite Lee of Clayton Lee of Dougherty Leonard
408
JOURNAL OF THE HOUSE,
Lewis Lokey Lowrey Matthews of Clarke McClelland McDonald McGarity McKemie Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge
Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Reaves Rhodes Richardson Roberts Rodgers Roper Rutland Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair
Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson Twitty Vaughn Walker Ware Warren Watts Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Acree Baughman Bowen of Dawson Brantley Brooks of Oglethorpe
Causby Conger Da vis Echols Lee of Clinch
Logan Matthews of Colquitt McCracken Meeks Russell
Those not voting were Messrs.:
Abney Black Bowen of Toombs Brackin Branch Brooks of Fulton Clark of Catoosa Coker Crummey Cullens Deen of Bacon DeVane Duncan of Carroll Floyd Flynt
Fowler of Treutlen Fulford Griffin Hall Keadle Kelly Keyton Knight of Laurens Knight of Berrien Lambert Lane Mackay Murphy Rainey Raulerson
Rowland Scarborough Singer Smith of Emanuel Smith of Habersham Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Watson Wells of Peach
WEDNESDAY, FEBRUARY 13, 1963
409
On the passage of the Bill, by substitute, the ayes were 145, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Lee of Clinch stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on SB 6.
Mr. Lane of Bulloch 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 SB 6.
SR 9, By Senators Pannell of the 54th, Jackson of .the 16th and Smalley of the 28th:
A Resolution creating the "Governor's Commission for Efficiency and Improvement in Government", to provide for the appointment of mem bers thereof; and for other purposes.
The following amendments were read and adopted:
Mr. Wilkes of Cook moves to amend SR 9 as follows:
By inserting at the end of the first sentence of Section 5 thereof the words: "Not to exceed $75,000 in any fiscal year".
Mr. Wilkes of Cook moves to amend SR 9 in last sentence of Section 2 by striking the next to last word "the" and inserting the following words: "him by the".
Mr. Bolton of Spalding moves to amend SR 9 as follows:
By adding in the Title before the words "to repeal conflicting laws", the words "to provide for a merit system and retirement and insurance".
By adding a new Section to be known as Section 9 which shall read as follows:
"Section 9. The Commission is hereby authorized to promulgate a merit system of employment under which its personnel shall be selected on a basis of merit. All personnel employed by the Com mission are hereby authorized to be members of the Employees Re tirement System of Georgia, and shall be entitled to participate in the State Employees Health Insurance Plan. The funds necessary for participation in the above shall come from the funds provided for hereinafter."
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JOURNAL OF THE HOUSE,
By renumbering the present Sections 9 and 10 as Sections 10 and 11, respectively.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Turner
Conger Cullens Dean of Polk Been of Bacon DeVane Dicus Dixon Dorminy Dune an of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fulford Funk Gibbons Greene Groover Hall Harrington Harris Henderson Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren
Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Killian King Kirkland Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mixon Moate
WEDNESDAY, FEBRUARY 13, 1963
411
Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odoni Overby Pafford Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Reaves Rhodes
Richardson Roberts Rodgers Russell Rutland Sangster Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Tabb
Teague Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker Ware Warren Watts Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Black Bowen of Dawson Branch Brooks of Fulton Coker of Cherokee Conner Crummey Davis Flynt Fowler of Treutlen Griffin Hale Harrell
Herndon Hill Jones of Liberty Jones of Lumpkin Keadle Keyton Knight of Laurens Lambert Leonard Mitchell Paris Payton Pickard
Rainey Raulerson Roper Rowland Shaw Singer Smith of Emanuel Smith of Whitfield Tucker of Catoosa Waldrop Watson Wells of Peach
On the adoption of the Resolution, as amended, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 50. By Messrs. Scarborough of Crawford, Keadle of Lamar, Pope of Chero kee, and others:
A Bill to be entitled an Act to create the Georgia Board of Floral De signers, to provide for the appointment of members and to provide for their qualifications, terms, duties, powers and compensation; and for other purposes.
412
JOURNAL OF THE HOUSE,
The following amendments were read and adopted:
Mr. Vaughn of Rockdale moves to amend HB 50 by striking Para graph two (unlettered) of Section 7, which reads as follows:
"Provided, however, that any person who is a floral designer in this State at the time of adoption of this law shall, upon written evidence of that fact being submitted to the Board, together with a $15.00 handling fee, be granted a license, if such evidence, together with said fee is submitted to the Board within twelve months from the effective date of this Act."
And substituting in lieu thereof the following paragraph:
"Provided, however, any person who is engaged in the selling, handling, or designing fresh-cut flowers in this State at the time of adoption of this law, shall upon written request submitted to the Board, together with a handling fee of $15.00, be granted a license, if said request and fee is submitted to the Board within twelve months from the effective date of this Act."
And further moves to amend said Bill by striking the-third sentence in Paragraph three of Section 7, which reads as follows:
"In the event a person fails to renew his license by the date specified above, such license shall stand automatically suspended until such time as renewal is obtained."
And substituting in lieu thereof the following sentence:
"In the event a person fails to renew his license by the date specified above, such license shall stand automatically suspended until such time as renewal is obtained and if application for renewal is made within period of one year after expiration of period for renewal, said license shall be issued without examination."
By amending Section 9 by striking the words ten days and substi tuting in lieu thereof the words thirty days.
Mr. Isenberg of Glynn moves to amend HB 50 by adding a new section to be properly numbered, to read as follows:
"Section ..,,. No two members of said Board shall reside in the same congressional District."
Mr. Laite of Bibb offered an amendment which was lost.
Mr. House of Bibb moved that HB 50 be indefinitely postponed and the motion was lost.
WEDNESDAY, FEBRUARY 13, 1963
413
Mr. Mitchell of Whitfield moved that HE 50 be tabled and the motion was lost.
The previous question was ordered.
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.:
Abney Alien Anderson Andrews
Bagby Barber Baughman Bell Black Blair Bolton Bowen of Randolph Bowen of Dawson Branch Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus
Duncan of Pannin Duncan of Carroll
Echols Flournoy Floyd Fowler of Douglas
Fulford Funk Gibbons Greene Groover Hall Harrington Harris Henderson Herndon
Hill Horton Hull
Hurst Isenberg Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun
Keadle Kelly Keyton Killian King Knight of Laurens Knight of Berrien Laite Lane
Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lowrey Mackay Matthews of Colquitt McClelland McDonald McGarity McKemie Meeks Melton Milford Moate Moore
Morgan of Gwinnett
Mullis Nessmith Newton of Jenkins Newton of Colquitt
Odom Overby Pafford Paris Partridge Payton Perry of Marion Peterson Pickard Pope
414
Rainey Reaves Rhodes Richardson Roberts Rodgers Roper Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman
JOURNAL OF THE HOUSE,
Simmons Sinclair Smith of Porsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Twitty
Underwood of Montgomery
Underwood of Taylor Walker Ware Warren Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Acree Bedgood Brantley Etheridge Flynt House Houston
Johnson of Warren Jones of Lumpkin Matthews of Clarke Mitchell Morgan of Newton Murphy Perry of Evans
Ponsell Poole Poss Simpson Smith of Whitfield Watts Wilson of Brantley
Those not voting were Messrs.:
Arnsdorff Ballard Blalock of Coweta Blalock of Clayton Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Conner Crummey Dixon Dorminy Fleming
Fowler of Treutlen Griffin Hale Harrell Johnson of Elbert Jordan of Floyd Kirkland Lambert Lokey McCracken Milhollin Mixon Parker
Phillips Raulerson Rowland Singer Smith of Emanuel Teague Tucker of Catoosa Tucker of Burke Vaughn Waldrop Watson Wilkes
On the passage of the Bill, as amended, the ayes were 145, nays 21.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 tomorrow morning.
THURSDAY, FEBRUARY 14, 1963
415
Representative Hall, Atlanta, Georgia, Thursday, February 14, 1963.
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 Charles O. Walker, Pastor of the First Baptist Church, Jasper, Georgia.
With what shall I come before the Lord,
And bow myself before God on high?
He has showed you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God.
O Eternal Father, who by thy mercy hast made us citizens of the Kingdom of Heaven, grant to us the light and power of thy Holy Spirit, that we may see clearly and willingly accept our responsibilities as citi zens of this earthly State of Georgia.
Be gracious to these who have been elected to govern our people. Bless them with wisdom and courage to stand for the right.
Forgive the mistakes we daily make and help us to overcome our weaknesses. Forgive the sins we commit and cleanse us of all unright eousness. Forgive us of errors in judgment and grant to us better under standing of the problems of all the people in Georgia.
Make us ever mindful of the teachings of Jesus and therefore help us to govern our lives and our State accordingly.
In Jesus Name, Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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.
416
JOURNAL OF THE HOUSE,
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 read the first time and referred to the Committees:
HB 239. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons; and for other purposes.
Referred to the Committee on Local Affairs.
HB 240. By Mr. Bowen of Toombs: A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 241. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to expand and to define the corporate limits of the City of Louisville; and for other purposes.
Referred to the Committee on Local Affairs.
HB 242. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act to incorporate the Town of Avera; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 14, 1963
417
HB 243. By Mr. Deen of Bacon:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Bacon County, to provide for dividing said county into commission districts; and for other purposes.
Referred to the Committee on Local Affairs.
HB 244. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to create the Cobb County Planning De partment; to provide for a planning engineer; and for other purposes.
Referred to the Committee on Local Affairs.
HB 245. By Messrs. Shea, Funk and Richardson of Chatham:
A Bill to be entitled an Act to amend an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, so as to provide that the mayor of the City of Savannah shall be the only ex-officio member of the Armstrong Junior College Commission; and for other purposes.
Referred to the Committee on Local Affairs.
HB 246. By Messrs. Richardson of Chatham, Flournoy of Cobb, Groover of Bibb, Etheridge of Fulton, Rutland of DeKalb and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act effecting a complete revision of the Laws of this State relating to the qualification and registration of voters, so as to provide for registration at places other than the office of the registrars; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, Brooks of Oglethorpe, Murphy of Haralson, Mixon of Irwin and others:
A Bill to be entitled an Act to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.
Referred to the Committee on Judiciary.
HB 248. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act empowering cities, towns, and counties, to maintain recreation systems; and for other purposes.
Referred to the Committee on Judiciary.
418
JOURNAL OP THE HOUSE,
HB 249. By Mr. Tabb of Miller:
A Bill to be entitled an Act to amend an Act incorporating the City of Colquitt; and for other purposes.
Referred to the Committee on Local Affairs.
HB 250. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, so as to provide for a change in the compensation of the Ordinary of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 251. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act to revise the adoption laws, so as to provide that the consent of the father who has not been sup porting his minor child shall not be necessary to let the child be adopted; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware, Jones of Muscogee, Brantley of Candler and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled the "Urban Re development Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.
Referred to the Committee on Industry.
HB 253. By Messrs. Matthews and Bedgood 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 or Mayor Pro Tern, and any six Aldermen shall constitute a quorum for the transaction of any business before the City Council; and for other purposes.
Referred to the Committee on Local Affairs.
HB 254. By Mr. Melton of Spalding:
A Bill to be entitled an Act to amend an Act relating to compensation of members of county boards of education, so as to authorize payment of per diem and reimbursement of expenses incurred by a member meet ing or traveling as a member of a committee of a county board of edu cation on business first authorized by the Board; and for other purposes.
Referred to the Committee on Education.
THURSDAY, FEBRUARY 14, 1963
419
HR 105-254. By Mr. Laite of Bibb: A Resolution to compensate Emory E. Griffin; and for other purposes.
Referred to the Committee on Appropriations.
HR 106-254. By Mr. Herndon of Appling:
A Resolution to relieve Troy Hartley as security on a bond; and for other purposes.
Referred to the Committee on State of Republic.
HR 107-254. By Mr. Rainey of Crisp:
A Resolution to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the U.S.; and for other purposes.
Referred to the Committee on Appropriations.
HB 255. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Columbus, providing a pension system for retired officers and employees and the dependents of officers and employees of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 256. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to be entitled an Act to authorize certain cities to become self insurers; to limit the amounts and coverages of self insurance; and for other purposes.
Referred to the Committee on Local Affairs.
HB 257. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to be entitled an Act to amend the charter of the City of Colum bus, establishing pensions for certain officers and employees who are not disabled on the basis of period of service and age; and for other purposes.
Referred to the Committee on Local Affairs.
HB 258. By Messrs. Pickard, Jones and Dicus 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.
420
JOURNAL OP THE HOUSE,
HB 259. By Mr. Ballard of Newton:
A Bill to be entitled an Act to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and highways and highways of the system of highways of the State of Georgia; and for other purposes.
Referred to the Committee on Highways.
HB 260. By Mr. Perry of Evans:
A Bill to be entitled an Act to amend an Act authorizing and directing the proper authorities of the County of Evans having charge of the fiscal affairs of said County to pay the Ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed; and for other purposes.
Referred to the Committee on Local Affairs.
HB 261. By Messrs. McClelland and Etheridge of Pulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the salary of the Mayor of the City of College Park; and for other purposes.
Referred to the Committee on Local Affairs.
HB 262. By Mr. Payton of Coweta: A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Coweta County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 263. By Messrs. Payton and Blalock of Coweta: A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff, the Ordinary and the Clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 264. By Messrs. Payton and Blalock 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 increase the compensation of the Mayor and members of the Board of Aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 14, 1963
421
HB 265. By Messrs. Bell, Hull and Fleming of Richmond and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to trial of civil cases at return term; and for other purposes.
Referred to the Committee on Judiciary.
HB 266. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act relating to the jurisdiction of the United States over certain lands in this State, so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any territory used for penal institutions; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 267. By Messrs. Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to deductions in computing net income for income tax purposes, so as to authorize for small business an additional first year depreciation allowance as defined in Section 179 of the U.S. Internal Revenue Code of 1954; and for other purposes.
Referred to the Committee on Ways and Means.
HR 108-267. By Mr. Ballard of Newton:
A Resolution authorizing the transfer of certain real property located in DeKalb County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 109-267. By Mr. Ballard of Newton:
A Resolution authorizing the transfer of certain real property located in Fulton County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 110-267. By Mr. Payton of Coweta:
A Resolution to compensate Mrs. Elizabeth M. North; and for other purposes.
Referred to the Committee on Appropriations.
422
JOURNAL OF THE HOUSE,
HR 111-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorpo rated areas of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 112-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to authorize the creation of a Civil Service System for all those persons whose wages or salaries are paid in whole or in part out of the funds of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 113-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Clayton County to enact ordinances for governing of said county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 268. By Messrs. Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to regulate the manner in which the Judges of the Superior Court of the Atlanta Judicial Circuit shall dispose of the business of said court; to provide for the selection and removal of a Chief Judge of said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 269. By Mr. White of Mclntosh:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding laws relative to Game and Fish, so as to close Doboy Sound and Altamaha Sound to the taking of crab and shrimp with a net other than a cast net; and for other purposes.
Referred to the Committee on Natural Resources.
HB 270. By Messrs. Jones of Lumpkin, Mackay of DeKalb, Jones of Muscogee, Harris of DeKalb, Greene of Bartow and Killian of Glynn:
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 the authority to create a driver education program; and for other pur poses.
Referred to the Committee on Motor Vehicles.
THURSDAY, FEBRUARY 14, 1963
423
HB 271. By Messrs. Jones of Lumpkin, Mackay and Harris of DeKalb, Jones of Museogee, Dicus of Muscogee, Greene of Bartow and Killian of Glynn:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that no drivers' license shall be issued to any person under 18 years of age; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 272. By Messrs. Jones of Lumpkin, Mackay and Harris of DeKalb, Greene of Bartow and Killian of Glynn:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the fees for drivers' licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 115-272. By Mr. Conner of Jeff Davis:
A Resolution proposing an amendment to the Constitution for the pur poses of encouraging the industrial growth and expansion of Jeff Davis County, the capital improvements of new industries; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 273. By Mr. Sinclair of Maeon:
A Bill to be entitled an Act to amend an Act establishing a City Court of Oglethorpe, in the County of Macon, so as to increase the salary of the Judge of the City Court from $2,400.00 per annum to $3,600.00 per annum; and for other purposes.
Referred to the Committee on Local Affairs.
HB 274. By Messrs. Echols and Caldwell of Upson:
A Bill to be entitled an Act creating a new charter for the City of Thomaston; and for other purposes.
Referred to the Committee on Local Affairs.
HB 275. By Messrs. Echols and Caldwell 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 for other purposes.
Referred to the Committee on Local Affairs.
424
JOURNAL OP THE HOUSE,
HB 276. By Messrs. Killian and Isenberg of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to change the compensation of the Solicitor; and for other purposes.
Referred to the Committee on Local Affairs.
HB 277. By Messrs. Killian and Isenberg of Glynn:
A Bill to be entitled an Act to amend an Act establishing a salary system for the coroner of Glynn County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 278. By Messrs. Harris, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to authorize the Mayor and Council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes.
Referred to the Committee on Local Affairs.
HB 279. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busby of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia; and for other purposes.
Referred to the Committee on Highways.
HB 280. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Rural Roads Authority Act" so as to change the membership of said Author ity; and for other purposes.
Referred to the Committee on State of Republic.
HB 281. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating the offices of State Highway Board, so as to provide that the Director of the Department shall not constitute the Ga. State Highway Authority; and for other purposes.
Referred to the Committee on State of Republic.
THURSDAY, FEBRUARY 14, 1963
425
HB 282. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled the "State Toll Bridge Authority Act", so as to change the membership of the Author ity; and for other purposes.
Referred to the Committee on State of Republic.
HB 283. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled the "Georgia State Highway Authority Act", so as to change the membership of said Au thority; 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:
HB 199. By Messrs. Dicus of Muscogee, Perry of Marion, Killian of Glynn and others:
A Bill to be entitled an Act to require that a sign reading "Communist Made Products Sold Here", shall be displayed at all entrances of whole sale and retail establishments in this State which offer goods produced in Communist countries; and for other purposes.
HB 200. By Messrs. Parker of Screven, Newton of Jenkins, Lane of Bulloch, Arnsdorff of Effingham, Kirkland of Tattnall and many others:
A Bill to be entitled an Act to amend an Act relating to the wages of deceased employee paid to widow, minors or guardian, so as to include persons employed by the Board of Education and Municipal corpora tions; and for other purposes.
HB 201. By Messrs. Rutland, Harris and Mackay of DeKalb:
A Bill to be entitled an Act to authorize and empower the Department of Public Safety to use timing devices and radar equipment to enforce traffic; and for other purposes.
HB 202. By Messrs. Lane of Bulloch, Paris of Barrow, Simpson of Wheeler, Brantley of Candler, Waldrop of Carroll, Parker of Screven and others:
A Bill to be entitled an Act to create a Georgia Recreation Commission; and for other purposes.
426
JOURNAL OP THE HOUSE,
HB 203. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, so as to provide for two year terms for the Mayor and Alderman; and for other purposes.
HB 204. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Camilla; and for other purposes.
HB 205. By Mr. Shea of Chatham:
A Bill to be entitled an Act to provide that counties, municipalities, county boards of education, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.
HB 206. By Mr. Shea of Chatham:
A Bill to be entitled an Act to amend an Act to provide that upon the third or subsequent conviction under the lottery statutes, the maximum imprisonment therefor shall be imposed; and for other purposes.
HB 207. By Mr. Shea of Chatham:
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 wherein any State funds are expended for such purposes; to require a determination of prevailing wage rates for such workers; and for other purposes.
HB 208. By Messrs. Shea, Funk and Richardson of Chatham:
A Bill to be entitled an Act to amend an Act relating to the procedure for cancellation of mortgages, so as to provide an additional method of cancellation; and for other purposes.
HB 209. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act known as the Georgia Insurance Code of 1960, so as to remove the provision providing that no policy of group life insurance may be issued to or for a labor union; and for other purposes.
HB 210. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to provide that no construction contract shall be let by the State or any political subdivision thereof unless said con tract contains a provision providing for the exclusive use of Georgia forest products; and for other purposes.
THURSDAY, FEBRUARY 14, 1963
427
HB 211. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the Town of Lenox, so as to give the Town counsel power and authority to lease specific property; and for other purposes.
HB 212. By Mr. Shaw of Long:
A Bill to be entitled an Act to amend an Act establishing the Commis sioners of Roads and Revenues for Long County, so as to strike out the provision for per diem method of compensation and substitute a salary for the commissioners; and for other purposes.
HB 213. By Mr. Shaw of Long:
A Bill to be entitled an Act to amend an Act establishing a City Court of Ludowici; and for other purposes.
HB 214. By Mr. Shaw of Long:
A Bill to be entitled an Act to provide that the Sheriff and Deputy Sheriff of Long County shall be placed upon a salary, plus compensation set forth; and for other purposes.
HB 215. By Mr. Logan of Gilmer:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner and an Advisory Board of Gilmer County, so as to provide for an annual audit of the office of County Commissioner; and for other purposes.
HB 216. 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 217. By Messrs. Lee of Clinch, Wilkes of Cook, Groover of Bibb, Byrd of Walton, Kirkland of Tattnall and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to rules and regu lations of the State Board of Barber and Beauticians Examiners, so as to provide for the posting of signs at the main entrance to barber shops and beauty shops; and for other purposes.
HB 218. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
428
JOURNAL OF THE HOUSE,
HB 219. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Clayton County; and for other purposes.
HB 220. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner of Clayton County; and for other purposes.
HB 221. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on a salary system in lieu of a fee system; and for other purposes.
HB 222. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating the Clayton Judi cial Circuit, so as to provide personnel, offices, and supplies for the use of the Judge and Solicitor-General; and for other purposes.
HB 223. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding, Cullens of Bartow, McGarity of Henry and Twitty of Mitchell:
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 change the qualifications for appointment to the office of solicitor-general emeritus; and for other purposes.
HB 224. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding, Cullens of Bartow and McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to a health insur ance plan for State employees, so as to authorize Solicitors-General to participate; and for other purposes.
HB 225. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs, and Williams of Coffee:
A Bill to be entitled an Act to regulate the occupation of cosmetology, so as to define "cosmetology"; and for other purposes.
HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs and Williams of Coffee:
A Bill to be entitled an Act to amend an Act relating to the barbers and hairdressers, so as to define "Barbering"; to abolish the State Board of Barber and Beauticians Examiners; and for other purposes.
THURSDAY, FEBRUARY 14, 1963
429
HB 227. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act limiting the effect of openend clauses appearing in certain instruments, so as to provide a method whereby open instruments may be closed; and for other purposes.
HB 228. By Mr. Jones of Worth:
A Bill to be entitled an Act to establish a Small Claims Court in counties having a population of not less than 15,900 and not more than 16,700; and for other purposes.
HB 229. By Messrs. Keyton and Russell of Thomas:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston; and for other purposes.
HB 230. By Messrs. Keyton and Russell of Thomas: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston; and for other purposes.
HR 99-230. By Mr. Duncan of Carroll: A Resolution proposing an amendment to the Constitution to allow Gov ernors to succeed themselves in office; and for other purposes.
HR 100-230. By Mr. Williams of Hall: A Resolution authorizing the granting of an easement across, through and over certain real property located in Hall County, Georgia; and for other purposes.
HR 101-230. By Messrs. Teague of Cobb, Harrington of Baldwin, Todd of Glascock, Flournoy of Cobb, Chandler of Baldwin, Been of Bacon and others: A Resolution proposing an amendment to the Constitution so as to provide for an exemption of property of persons 65 years of age or older to the value in the aggregate of $4,000.00; and for other purposes.
HR 102-230. By Mr. Smith of Telfair: A Resolution proposing an amendment to the Constitution so as to pro vide that Telfair County officers shall be ineligible to hold office under certain conditions; and for other purposes.
HB 231. By Mr. Smith of Telfair: A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the City of McRae; and for other purposes.
430
JOURNAL OP THE HOUSE,
HB 232. By Mr. Lee of Clinch:
A Bill to be entitled an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensa tion of the Clerk of the Board of Commissioners of Roads and Revenues, for Clinch County; and for other purposes.
HB 233. By Mr. Reaves of Brooks:
A Bill to be entitled an Act creating a Small Claims Court in certain counties having a population of not less than 15,230 and not more than 15,825; and for other purposes.
HB 234. By Messrs. Griffin and Conger of Decatur:
A Bill to be entitled an Act to amend an Act incorporating the City of Bainbridge, so as to raise the age limit for employees eligible to partici pate in the retirement system of the City of Bainbridge; and for other purposes.
HB 235. By Messrs. House of Bibb, Clarke of Monroe, Bagby of Paulding, Killian of Glynn and Steis of Harris:
A Bill to be entitled an Act to authorize the presiding Judge in a Court of Record to allow counsel fees in certain cases; and for other purposes.
HB 236. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act 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 that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable; and for other purposes.
HB 237. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to annual reports; and for other pur poses.
HB 238. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to create the "Crime Investigating Commis sion; to provide for legislative intent; to provide for funds; and for other purposes.
THURSDAY, FEBRUARY 14, 1963
431
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 8. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act known as the "State Office Building Authority Act", so as to increase the amount for which revenue bonds may be issued; and for other purposes.
HR 97. By Messrs. McClelland, Brooks and Etheridge of Fulton: A Resolution on the death of the Hon. James E. Jackson.
HR 98. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution expressing regrets at the passing of Mrs. R. C. Burton; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House, to wit:
HB 10. By Mr. Walker of Lowndes:
A Bill to amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to change the speed restrictions for vehicles; and for other purposes.
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.
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 Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HR 44-107. Do Pass.
Respectfully submitted, Ballard of Newton, Chairman.
432
JOURNAL OP THE HOUSE,
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 75. Do Pass.
HB 88. Do Pass.
HB 153, Do Pass.
HB 235. Do Pass.
HB 43. Do Not Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Hale of Dade 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 Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 143. Do Pass.
HB 154. Do Pass.
HB 159. Do Pass.
HB 166. Do Pass.
HB 167. Do Pass.
HB 168. Do Pass.
HB 169. Do Pass.
HR 90-163. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Matthews of Clarke County, Chairman of the Committee on University of Georgia System, submitted the following report:
Mr. Speaker:
Your Committee on University of Georgia System has had under consideration
THURSDAY, FEBRUARY 14, 1963
433
the following Resolution of the House and has instructed me, as Chairman, to report the same hack to the House with the following recommendation:
HR 41-95. Do Pass.
Respectfully submitted,
Matthews of Clarke,
Chairman.
Mr. Towson of Laurens 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 186. Do Pass.
Respectfully submitted, Towson of Laurens, Chairman.
The following Bill and Resolutions of the House were taken up for the pur pose of considering the Senate amendments thereto:
HR 19-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A Resolution proposing an amendment to the Constitution by adding thereto a new Section creating the State Highway Board; to provide for the election, qualifications and tenure of members; and for other pur poses.
The following Senate amendment was read:
Senator Knox of the 24th moves to amend HR 19-23 as follows:
By striking the following sentence in Section XI, Paragraph I of said Bill:
"One member of said Board shall be elected from each of the Congressional Districts of this State by the members of the House of Representatives and Senate residing within such Congressional District",
and inserting in lieu thereof the following:
"The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of
434
JOURNAL OF THE HOUSE,
Representatives and Senate from the counties and Senatorial Dis tricts embraced or partly embraced within such Congressional Dis trict, meeting in caucus."
Mr. Bolton of Spalding 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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Brown Busbee Bynum Byrd Caldwell Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Crummey Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Duncan of Pannin Duncan of Carroll Echols
Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Griffin Groover Hall Harrington Harris Henderson Herndon Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Calhoun Kelly Killian King Knight of Laurens Lane Lee of Clinch Lee of Clayton Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke
Matthews of Colquitt McClelland McDonald McGarity Meeks Melton Milford Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Odom Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Rainey Reaves Rhodes Richardson Roberts Roper Russell Rutland Sangster Sewell Shaw
THURSDAY, FEBRUARY 14, 1963
435
Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker
Steis Story Tabb Teague Todd Towson Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker
Ware Warren Watts Wells of Peach Wells of Oconee
Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Barber Blalock of Clayton Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Causby Chandler Dorminy Greene Hale Harrell Hill Hurst
Jones of Liberty Jones of Muscogee Jordan of Floyd Keadle Keyton Kirkland Knight of Berrien Laite Lambert Lee of Dougherty Logan McCracken McKemie Milhollin Mitchell Newton of Colquitt
Overby Poss Raulerson Rodgers Rowland Scarborough Smith of Emanuel Stuckey Tucker of Catoosa Tucker of Burke Watson Wells of Camden White Mr. Speaker
On the motion to agree, the ayes were 150, nays 0.
The House has agreed to the Senate amendment to HR 19-23.
Mr. Lee of Dougherty stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on agreeing to the Senate amendment to HR 19-23.
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and others:
A Resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses, to define the duties and powers of said Commission; and for other purposes.
436
JOURNAL OF THE HOUSE,
The following Senate amendments were read: Senate Committee on Rules moves to amend HR 21 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. There is hereby created a Commission to be known as the "Governor's Commission to Improve Education", hereinafter referred to as the "Commission". The Governor shall appoint as members on the Commission such number of citizens of Georgia, of recognized interest and expertise in the field of education as he deems advisable. He shall also appoint five members of the House of Representatives and three members of the Senate as members of the Commission. Said Commission shall serve until the time fixed by law for convening of the General Assembly in regular session in 1964, when the Commission shall stand abolished. The Governor shall fill all vacancies by appointment."
By striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. The legislative members of the Commission shall receive the compensation, per diem, expenses and allowances author ized for legislative members of interim legislative committees. The other members of the Commission shall receive no per diem or com pensation for their services, but shall receive reimbursement for travel, lodging, meals and other actual expenses while away from their homes upon official business of the Commission, such ex penses to be paid upon presentation of itemized vouchers by each such member, approved by the Chairman."
Senator Carter of the 14th moves to amend HR 21 as follows:
By striking from Section 1 the word "three" where it appears there in between the words "and" and "shall" and substituting in lieu thereof the word "five" so that when so amended said third sentence of Section 1 shall read as follows:
"Five members of the Commission shall be members of the House of Representatives, and five shall be members of the Senate, which shall be appointed by the Governor."
Mr. Bolton of Spalding moved that the House disagree to the Senate amend ments and the motion prevailed.
The House has disagreed to the Senate amendments to HR 21-23.
HB 10. By Mr. Walker of Lowndes:
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 restrictions for vehicles; and for other purposes.
THURSDAY, FEBRUARY 14, 1963
437
The following Senate amendments were read:
Committee on Highways offered the following amendment to HB 10 as follows:
By adding to the last sentences of both paragraphs 4 and 5 of Sub section (b) the following:
"Provided, however, that buses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the transportation of school chil dren may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such buses are operated."
Senator Rowan of the 8th moves to amend HB 10 as follows: "on the third and sixth of (b) 3 change the figure 45 to 40."
Mr. Walker of Lowndes moved that the House agree to the Senate amend ments to HB 10.
On the motion to agree, the ayes were 119, nays 0.
The House has agreed to the Senate amendments to HB 10.
Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 12. By Senators Pannell of the 54th and Jackson of the 16th: A Bill to be entitled an Act to create the North Georgia Mountains Au thority as a body corporate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appoint ment of its members; and for other purposes.
The following Committee amendment was read and adopted:
State of Republic Committee moves to amend SB 12 as follows:
By striking from Section 4 the following:
"The Authority shall retain an independent firm of Certified Public Accountants who shall make an annual examination of the books and records of the Authority and submit their opinion upon the financial condition of the Authority and the results of the oper ations thereof.
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JOURNAL OF THE HOUSE,
"The financial records of the Authority shall conform to gen erally accepted principles of accounting and it shall be the duty of the independent CPA's to report any deviations therefrom."
The following Committee amendment was read:
State of Republic Committee moves to amend SB 12 by inserting between the word and comma "Gilmer," and the word "Habersham" inSection 7 of said Bill the word and comma "Gwinnett," so that when so amended Section 7 shall read as follows:
"Section 7. The North Georgia Mountains Authority shall ex ercise all of its powers and engage in the business of its projects within the territorial boundaries and jurisdiction of Chattooga, Walker, Bade, Catoosa, Whitfield, Banks, Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, and White Counties and such other counties as may from time to time be admitted by resoluction of the Authority."
The following amendment to the Committee amendment was read and adopted:
Mr. Pope of Cherokee moves to amend the Committee amendment to SB 12 as follows: "By inserting 'Cherokee County' in Section 7."
The Committee amendment, as amended, was adopted.
The following amendments were read and adopted:
Mr. Bolton of Spalding moves to amend SB 12 as follows:
By adding to the end of the second paragraph of Section 5 the fol lowing sentence:
"The Director of the State Parks Department and his successor shall also be a member of the Advisory Committee."
Mr. Bolton of Spalding moves to amend SB 12 by adding at the end of Section 6 a new paragraph as follows:
"Notwithstanding anything to the contrary contained in this Act, the Authority shall not have outstanding at any one time, bonds exceeding the aggregate amount of $20,000,000.00."
Mr. Smith of Habersham offered the following amendment and the Speaker ruled that it was not germane to the question at issue:
THURSDAY, FEBRUARY 14, 1963
439
Smith of Habersham moves to amend SB 12 by changing the period at the end of paragraph (b) Section 3, page 4, to a semi-colon and add ing the words "provided, however, that no such facilities shall be used for purposes of conducting any game of chance or for the sale of alco holic beverages in any form", so that said paragraph (b) Section 3, shall read as follows:
(b) Project--The acquisition, construction, equipping, main taining, operating, managing and promotion of recreation and ac commodation and tourist facilities and services, including, but not limited to, recreation centers, outdoor recreation experiment sta tions, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gym nasiums, museums, convention halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the Authority may desire to undertake including the related buildings and the usual and convenient facilities appertaining to any under takings and any extensions or improvements of any facilities, and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities as the Authority may deem necessary, convenient, or de sirable; provided, however, that no such facilities shall be used for purposes of conducting any game of chance or for the sale of alco holic beverages in any form.
The previous question was ordered.
The main question was ordered.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Baughman
Bedgood Bell Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Brantley Brown
Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa
440
JOURNAL OF THE HOUSE,
Clarke of Monroe Coker of Cherokee Coker of Turner
Conger Cullens Davis DeVane
Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harris Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun
Keadle Kelly Keyton Killian
King Knight of Laurens Knight of Berrien Lane Lee of Clayton Lee of Dougherty Leonard
Lewis Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity Meeks Milford Mitchell Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odoni Overby Pafford Paris Parker Partridge Perry of Marion Peterson Phillips Ponsell Pope Poss Reaves Rhodes Richardson Roberts Roper
Rowland Russell Rutland
Sangster Sewell
Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Tabb Teague
Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Hall Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Black
Dean of Polk Fowler of Treutlen
Fulford Lindsey Moore
Pickard Wilson of Brantley
Those not voting were Messrs.:
Barber Blalock of Clayton
Bowen of Toombs Brackin
Branch Brooks of Oglethorpe
THURSDAY, FEBRUARY 14, 1963
441
Brooks of Fulton Conner Crummey Deen of Bacon Dorminy Flynt Fowler of Douglas Harrington Henderson Hurst Kirkland Laite
Lambert Lee of Clinch Logan Mackay McKemie Melton Milhollin Mixon Payton Perry of Evans Poole Rainey
Raulerson Rodgers Scarborough Simpson Singer Smith of Emanuel Stuckey Watson White Williams of Coffee Mr. Speaker
On the passage of the Bill, as amended, the ayes were 156, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Mackay of DeKalb stated that he had been called from the Hall of the House to confer with constituents at the time the roll was called, but had he been present he would have voted "Aye" on SB 12.
HB 147. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and Sinclair of Macon:
A Bill to be entitled an Act to create the "Georgia Real Estate Invest ment Board"; to provide for the composition, powers, duties, and au thority 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:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard
Baughman Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson
Bowen (if Toombs Brackin Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd
442
JOURNAL OF THE HOUSE,
Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Crummey Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hale Hall Harrell Harrington Harris Henderson Herndon House Houston Isenberg Johnson of Elbert Jones of Worth Jordan of Floyd
Jordan of Calhoun Keadle Kelly Keyton Killian King Knight of Laurens Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt McClelland McCracken McGarity Meeks Milford Milhollin Mixon Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss
Rainey Reaves Rhodes Richardson Roberts Roper Rowland Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs. :
Barber Bedgood Blalock of Coweta Brantley Brooks of Fulton Chandler
Dorminy Duncan of Carroll Groover Hill Horton Hull
Hurst Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Kirkland
THURSDAY, FEBRUARY 14, 1963
443
Knight of Berrien Laite Lambert Lane Lee of Clinch Logan Matthews of Clarke McDonald McKemie Melton
Mitchell Morgan of Gwinnett Mullis Overby Raulerson Rodgers Scarborough Singer Smith of Telfair Smith of Emanuel
Smith of Habersham Stuckey Underwood of
Montgomery Underwood of Taylor Watson Wells of Camden White Wilson of Cobb
On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes.
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 Acree Alien Andrews Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson
Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Crummey
Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Pannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk
444
JOURNAL OF THE HOUSE,
Gibbons Greene Hale Hall Harrington Harris Herndon House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Knight of Laurens Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald
Meeks Milford Milhollin Mixon Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Roper Russell Rutland Sangster Sewell Shaw Shea Shuman
Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs. :
Anderson Barber Brackin Brantley Brooks of Fulton Causby Conger Dicus Dorminy Duncan of Carroll Griffin Groover Harrell Henderson Hill
Horton Hurst Jones of Liberty Jones of Lumpkin Jones of Muscogee Kirkland Knight of Berrien Laite Lambert Logan McGarity McKemie Melton Mitchell Morgan of Gwinnett
Mullis Newton of Colquitt Overby Phillips Raulerson Rodgers Rowland Scarborough Smith of Emanuel Vaughn Watson White Wilson of Cobb
THURSDAY, FEBRUARY 14, 1963
445
On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 146. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for investment; and for other purposes.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chandler Clarke of Monroe
Coker of Cherokee Coker of Turner Conger Conner Crummey Cullens Davis Dean of Polk DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hall Harrington Harris Henderson
Herndon House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Kelly Knight of Laurens Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald
446
JOURNAL OF THE HOUSE,
McGarity Meeks Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson
Ponsell Poole Pope Poss Reaves Rhodes Richardson Roberts Roper Russell Rutland Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Habersham Smith of Whitfield
Snow Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Walker Warren Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Woodward
Those not voting were Messrs.:
Barber Brackin Brantley Brooks of Fulton Causby Chance Clark of Catoosa Deen of Bacon Dorminy Etheridge Groover Hale Harrell Hill Horton Hurst Jones of Liberty Jones of Muscogee
Keyton Killian King Kirkland Knight of Berrien Laite Lambert Logan McKemie Melton Mitchell Mullis Newton of Colquitt Phillips Pickard Rainey Raulerson Rodgers
Rowland Sangster Scarborough Smith of Telfair Smith of Emanuel Spikes Stuckey Underwood of
Montgomery Vaughn Ware Watson Wells of Camden White Williams of Hall Wilson of Cobb
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 148. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the Clerks of the Superior Courts of this State, so as to provide
THURSDAY, FEBRUARY 14, 1963
447
for investments; to authorize employment of agents for advisory pur poses; and for other purposes.
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 Alien Anderson Andrews Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Clark of Catoosa Coker of Cherokee Coker of Turner Conger Conner Crummey
Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin
Duncan of Carroll Echols Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hall Harrington Harris Henderson Herndon House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian Knight of Laurens Knight of Berrien Lane
Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey
Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity Meeks Milford Milhollin Mixon Moate Moore Morgan of Giwnnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell
Poole Pope Poss Reaves Rhodes Richardson
Roberts Roper
448
JOURNAL OP THE HOUSE,
Rowland Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham
Smith of Whitfield Snow Spikes Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Barber Brackin Brantley Brooks of Fulton Causby Chandler Clarke of Monroe Dicus Dorminy Etheridge Groover Hale Harrell
Hill Horton Hurst Jones of Liberty Jones of Muscogee Keyton King Kirkland Laite Lambert Logan Matthews of Colquitt McKemie Melton
Mitchell Mullis Newton of Colquitt Rainey Raulerson Rodgers Scarborough Smith of Emanuel Stalnaker Stuckey Watson Wells of Camden White Wilson of Cobb
On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Chance of Twiggs stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 148.
HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the teachers of this State, so as to authorize the employment of agents for advisory and investment purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 14, 1963
449
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 Alien Anderson Andrews Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Crummey Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas
Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hall Harrington Harris Herndon House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Knight of Laurens Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McCracken McDonald McGarity Milford Milhollin Moate Moore Morgan of Gwinnett Morgan of Newton
Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roper Russell Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth
Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Burke Twitty Underwood of
Montgomery
450
JOURNAL OF THE HOUSE,
Underwood of Taylor Vaughn Waldrop Walker Ware
Warren Watts Wells of Peach Wilkes Williams of Coffee
Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Barber Bowen of Toombs Brackin Brantley Brooks of Fulton Causby Dicus Dorminy Hale Harrell Henderson Hill Horton Hurst
Jones of Liberty Kirkland Knight of Berrien Lambert Logan Mackay Matthews of Colquitt McKemie Meeks Melton Mitchell Mixon Mullis Newton of Colquitt Payton
Pickard Raulerson Roberts Rodgers Rowland Rutland Scarborough Smith of Emanuel
Stuckey Tucker of Catoosa Watson Wells of Peach Wells of Camden White Wilson of Cobb
On the passage of the Bill, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 150. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of this State, so as to provide for invest ments; and for other purposes.
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 Alien Anderson
Andrews Arnsdorff Bagby
Ballard Baughman Bedgood
THURSDAY, FEBRUARY 14, 1963
451
Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Crummey Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hall Harris Henderson
Herndon House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Knight of Laurens Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity Meeks Milford Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion
Perry of Evans Peterson Phillips Ponsell Poole Pope Rainey Reaves Rhodes Richardson Roberts Roper Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Towson Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Acree Barber
Bowen of Toombs Braekin
Brooks of Fulton Causby
452
JOURNAL OF THE HOUSE,
Dorminy
Duncan of Carroll Groover Hale Harrell Harrington Hill
Horton Hurst Jones of Liberty Jones of Muscogee Kirkland Knight of Berrien Laite
Lambert
Logan Matthews of Colquitt McKemie Melton Milhollin Mitchell
Mullis Newton of Colquitt Pickard Poss Raulerson Rodgers Rowland
Scarborough
Smith of Emanuel Stuckey Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Watson Wells of Camden White Wilson of Cobb Woodward
On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 151. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act creating the Georgia Fire men's Pension Fund, so as to provide for investments; and for other purposes.
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 Alien Anderson Andrews Arnsdorff Bagby Ballard Baughman Bedgood Black Blair
Blalock of Coweta Blalock of Clayton
Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell
Carr Chance
Chandler Clark of Catoosa Clarke of Monroe Coker of Turner Conger Conner Crummey Cullens Davis Dean of Polk Been of Bacon
DeVane Dicus
THURSDAY, FEBRUARY 14, 1963
453
Dixon Duncan of Fannin Duncan of Carroll Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Griffin Groover Hal Harris Henderson Herndon House Houston Hull Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Killian Knight of Laurens Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey
Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity Meeks Melton Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Odom Pafford Paris Parker Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Roper Rowland
Russell Rutland Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Barber Bell Bowen of Toombs Brackin Brooks of Fulton Causby Coker Dorminy Echols Greene Hale
Harrell Harrington Hill Horton Hurst Johnson of Warren Jones of Liberty Keadle Keyton King Kirkland Knight of Berrien
Laite Lambert Logan McKemie Mitchell Mullis Newton of Jenkins Newton of Colquitt Overby Partridge Payton Pickard
454
JOURNAL OF THE HOUSE,
Raulerson Rodgers Sangster Scarborough Smith of Emanuel
Stuckey Tucker of Catoosa Tucker of Burke Underwood of
Montgomery
Watson White Wilson of Cobb
On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 59. By Messrs. Mixon of Irwin, Murphy of Haralson, and others:
A Bill to be entitled an Act to prohibit the imitation and simulation of legal process, to prohibit the circulation of any writing which imitates or simulates a form of court or legal process; and for other purposes.
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 Alien Anderson Andrews Bagby Ballard Bedgood Bell Blair Bolton Bowen of Randolph Bowen of Dawson Branch Busbee Bynum Byrd Caldwell Chance Clarke of Monroe Coker of Turner Conger Crummey Cullens
Dean of Polk Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Funk Gibbons Greene Griffin Groover Hall Harris Henderson House Houston Hull Isenberg Johnson of Elbert
Johnson of Warren Jones of Muscogee Jordan of Calhoun Kelly Killian Lee of Clinch Lee of Dougherty Leonard Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Melton Milford Mixon Morgan of Gwinnett Morgan of Newton Mullis Murphy
THURSDAY, FEBRUARY 14, 1963
455
Newton of Colquitt Odom Overby Paris Partridge Payton Peterson Ponsell Rhodes Richardson Roberts Roper Russell Rutland
Shaw Shea Simnions Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Stuckey Towson Tucker of Burke
Twitty Underwood of
Montgomery Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wilkes Williams of Coffee Woodward
Those voting in the negative were Messrs.:
Acree Baughman Black Blalock of Coweta Brantley Brown Coker of Cherokee Conner Been of Bacon DeVane Fulford Harrington Herndon Horton
Jones of Worth Jordan of Floyd Lane Lewis Lindsey Meeks Moate Moore Nessmith Newton of Jenk'ns Pafford Parker Perry of Evans Poole
Pope Poss Rainey Reaves Sewell Shuman Simpson Sinclair Tabb Teague Wells of Oconee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Arnsdorff Barber Blalock of Clayton Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Carr Causby Chandler Clark of Catoosa Davis Dorminy Flynt Fowler of Douglas Fowler of Treutlen Hale Harrell
Hill Hurst Jones of Liberty Jones of Lumpkin Keadle Keyton King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clayton Logan Lokey McGarity Milhollin Mitchell
Perry of Marion Phillips Pickard Raulerson Rodgers Rowland Sangster Scarborough Singer Smith of Emanuel Story Todd Tucker of Catoosa Underwood of Taylor Watson Wells of Camden White
On the passage of the Bill, the ayes were 109, nays 42.
456
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Mr. Knight of Berrien stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 59.
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding,. and others:
A Bill to be entitled an Act to amend Code Chapter 26-63, relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, adver tise for sale, manufacture, print or circulate any obscene publication shall be guilty of a felony.
The following committee amendments were read and adopted:
The Judiciary Committee moves to amend HB 132 in the following manner:
By inserting in the caption of the Bill in the 4th line thereof the word "knowingly" between the words "shall" and "bring";
By inserting in the caption of the Bill in the 5th line thereof the word "knowingly" between the words "shall" and "sell";
By inserting in the caption of the Bill at the end of the 5th line thereof the word "knowingly" after the word "shall";
By inserting in the caption of the Bill in the 8th line thereof the word "knowingly" between the words "shall" and "advertise";
By inserting in the caption of the Bill in the 9th line thereof the word "matter" immediately after the word "obscene" and by striking the word "publication" from the 9th line of the caption of the Bill;
By inserting in the caption of the Bill in the 10th line thereof the word "knowingly" between the words "shall" and "manufacture";
By inserting in the caption of the Bill in the 10th line thereof the word "matter" immediately after the word "obscene" and by striking the word "publication" from the 10th line of the caption of the Bill;
By striking the word "publication" from the 13th line of the caption of the Bill and by substituting in lieu thereof the word "matter";
By striking from Section 1 of the Bill all except the first five lines thereof (which five lines not stricken end with the words "to read as follows:") and by inserting in lieu of the stricken portion the following language:
THURSDAY, FEBRUARY 14, 1963
457
"26-6301. Any person who shall knowingly bring or cause to be brought into this State for sale or exhibition, or who shall know ingly sell or offer to sell, or who shall knowingly lend or give away or offer to lend or give away, or who shall knowingly have posses sion of, or who shall knowingly exhibit or transmit to another, any obscene matter, or who shall knowingly advertise for sale by any form of notice, printed, written, or verbal, any obscene matter, or who shall knowingly manufacture, draw, duplicate or print any obscene matter with intent to sell, expose or circulate the same, shall, if such person has knowledge or reasonably should know of the obscene nature of such matter, be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the peniten tiary for not less than one year nor more than five years; provided, however, in the event the jury so recommends, such person may be punished as for a misdemeanor. As used herein, the term 'obscene matter' shall mean any book, pamphlet, magazine, newspaper, film, picture, photograph, recording, lithograph, duplicate pictorial repre sentation, or other printed material which, if considered as a whole, applying contemporary community standards, has, as its dominant theme, an appeal to prurient interest, that is, a morbid interest, in nudity, sex, or excretion."
The following amendment was read and adopted:
Mr. McClelland of Fulton moves to amend HB 132 as follows:
By inserting in the title after "to provide for severability;" and before "to repeal conflicting laws;" the following:
"to provide that this Act shall not prevent any incorporated municipality from regulating, within its boundaries, obscene matter under its police powers or other charter provisions."
And by inserting a new section after "Section 1" and before "Section 2" to be known as "Section 2", to read as follows:
"Section 2. Nothing in this Act shall prohibit any incorporated municipality from regulating, within its boundaries, obscene matter under its police powers or other charter provisions and from pro viding punishment for persons who violate such regulation provided that such does not conflict with this Act."
And by changing "Section 2" and "Section 3" to read "Section 3" and "Section 4."
Mr. Groover of Bibb offered an amendment which was lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
458
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.:
Abney Anderson Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Caltyon Bolton Bowen of Randolph Bowen of Dawson Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Crummey Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Greene Griffin
Hall Harrell Harrington Harris Henderson Herndon House Houston Hull Isenberg Johnson of Elbert
Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith
Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Roper Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Burke Twitty Underwood of
Montgomery
THURSDAY, FEBRUARY 14, 1963
459
Underwood of Taylor Vaughn Waldrop Walker Ware
Warren Watts Wells of Peach Wells of Oconee Wilkes
Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs. Clark of Catoosa, Groover, and Tucker of Catoosa.
Those not voting were Messrs.:
Acree Alien Andrews Barber Bowen of Toombs Branch Brantley Brooks of Fulton Causby Chandler Dicus Dorminy Fowler of Douglas Fowler of Treutlen
Hale Hill Horton Hurst Jones of Liberty Keadle Kelly Kirkland Lambert Leonard Logan Lokey Meeks Mullis
Pafford Pickard Raulerson Rodgers Rowland Scarborough Singer Smith of Emanuel Stuckey Watson Wells of Oconee White
On the passage of the Bill, as amended, the ayes were 161, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Kirkland of Tattnall stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 132.
HB 64. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the Budget 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 roll call was ordered and the vote was as follows:
460
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Crummey Davis Been of Bacon DeVane Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas
Fulford
Funk
Gibbons Greene
Griffin Groover Hale Hall Harrington Harris Henderson Herndon Hill Horton House Hull Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Mitchell Mixon Moate Moore
Morgan of Gwinnett
Morgan of Newton
Murphy
Nessmith
Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Roper Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Twitty Underwood of Taylor
Vaughn
Waldrop
Walker Ware
THURSDAY, FEBRUARY 14, 1963
461
Warren Watts Wells of Peach Wells of Oconee
Wilkes Williams of Coffee Williams of Hall Wilson of Brantlev
Wilson of Cobb Woodward
Those not voting were Messrs.:
Abney Bowen of Toombs Brooks of Fulton Causby Chance Cullens Dean of Polk Dicus Dorminy Fowler of Treutlen Harrell Houston
Hurst Isenberg Jones of Liberty Keadle Laite Lambert Logan Mackay Milhollin Mullis Overby Pafford
Raulerson Rodgers Rowland Scarborough Smith of Emanuel Snow Tucker of Burke Underwood of
Montgomery Watson Wells of Camden White
On the passage of the Bill, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Chance of Twiggs stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 64.
Representative Mac Barber of Jackson was granted permission to be absent from his legislative duties on this date, February 14, 1963, for the purpose of attending a Court hearing in Jackson County Superior Court. Rep. Barber stated that had he been present he would have voted "Aye" on the following Bills of the House and Senate. HB 59, 64, 132, 145, 146, 147, 148, 149, 150, 151 and SB 12. Rep. Barber also stated that he would like to be recorded as voting "Aye" on agreeing to the Senate amendment to HR 19-23.
Mr. Bagby of Paulding 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.
462
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia, Friday, February 15, 1963.
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 Charles 0. Walker, Pastor of the First Baptist Church, Jasper, Georgia:
"Blessed is the nation whose God is the Lord, the people whom he has chosen as his heritage!"
"Righteousness exalts a nation, but sin is a reproach to any people."
Our Father, who art in heaven, hallowed be thy name. From the ends of the earth thy people praise thy righteousness.
Yet, when we raise our voices in praise, our minds return to our own wicked ness and we condemn ourselves. We are sinful O Lord. We have done those things that ought not to have been done and left undone those things which should have been done. Be merciful to us and grant us pardon.
We thank thee, for the blessings thou hast granted to our State. For the wise men of the past who charted the course of freedom which we enjoy. For the people who have preserved our heritage to this day.
We are grateful for these men who serve our people in the House of Repre sentatives. Grant to them, our Senators and our Governor, wisdom, guidance, strength of character, strength of mind and body and all things necessary to gov ern our citizens, wisely and justly.
These and all other favors we ask in the name of Jesus. Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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.
FRIDAY, FEBRUARY 15, 1963
463
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 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 18. By Senator Downing of the 1st:
A Bill to require the identification of the registry of all ships, for the protection of the public; and for other purposes.
SB 25. By Senator Phillips of the 27th: A Bill to amend Code Section 39-1201, relating to the time, place, and manner of holding public sales of property under execution; and for other purposes.
SB 32. By Senators Knox of the 24th, Gillis of the 20th, Pannell of the 54th and many others: A Bill to provide minimum standards for lumber placed in permanent construction; to provide for the enforcement of such standards by the Georgia Forestry Commission; and for other purposes.
SB 34. By Senator Rowan of the 8th: A Bill to prevent certain firemen from engaging in certain activities and belonging to certain organizations; to provide for certain safeguards to such firemen; to repeal conflicting laws; and for other purposes.
464
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 Bill and Resolutions of the House, to wit:
HB 44. By Mr. Milhollin of Coffee: A Bill to amend an Act providing for the licensing and regulation of livestock dealers in the State of Georgia, so as to require recording of the names of persons bringing in livestock; and for other purposes.
HR 20-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others: A Resolution proposing an amendment to the Constitution so as to pre scribe more democratic provisions for the merger, consolidation and division of counties; to provide for a referendum; and for other purposes.
HR 104. By Mr. Smith of Grady: A Resolution extending an invitation to the Hon. M. Monroe Kimbrel to address a joint session of the House and Senate; 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 11. By Senator Jackson of the 16th: A Bill to provide for the mandatory closing of certain commercial busi ness establishments on Sunday; to allow certain others to remain open; to provide for local county option; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the first time:
HB 284. By Messrs. Ballard and Morgan of Newton: A Bill to be entitled an Act to place the Sheriff of the Superior Court of Newton County on a salary in lieu of the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 15, 1963
465
HB 285. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner of Newton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 286. By Messrs. Coker and Pope of Cherokee:
A Bill to be entitled an Act to amend an Act establishing a salary system for the Sheriff, the Clerk of the Superior Court, the Tax Commissioner and Ordinary of Cherokee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 287. By Mr. Brantley of Candler:
A Bill to be entitled an Act to amend an Act to provide for the creation of a Board of Roads and Revenues Commissioners in and for the County of Candler; and for other purposes.
Referred to the Committee on Local Affairs.
HB 288. By Mr. Brantley of Candler:
A Bill to be entitled an Act to prohibit the use of certain language over the telephone; to prohibit the use of the telephone for certain purposes; and for other purposes.
Referred to the Committee on Judiciary.
HB 289. By Messrs. Coker and Pope of Cherokee, Johnson of Elbert and Acree of Towns: A Bill to be entitled an Act to amend an Act relating to the creation of the State Board of Medical Examiners, so as to provide for the appoint ment of a board member from each congressional district; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 290. By Mr. Steis of Harris: A Bill to be entitled an Act to amend an Act providing for the regulation of the sale of securities in this State, so as to redefine the word "sales man"; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 291. By Mr. Overby of Hall: A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans Homes, so as to provide that State funds which are
466
JOURNAL OF THE HOUSE,
appropriated to the Veterans Service Board for the operation of the Veterans Home at Milledgeville shall be appropriated to the Department of Public Health; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HB 292. By Mr. Tucker of Burke:
A Bill to be entitled an Act to create the Burke County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 116-292. By Mr. Wilson of Cobb: A Resolution to compensate Alien J. Faulkner; and for other purposes.
Referred to the Committee on Appropriations.
HR 117-292. By Messrs. Pope of Cherokee, Laite of Bibb and Coker of Cherokee:
A Resolution proposing an amendment to the Constitution so as to pro vide that a Governor may succeed himself but may not serve more than two terms; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 293. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, so as to extend the City limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 294. By Messrs. Bell, Fleming and Hull of Richmond:
A Bill to be entitled an Act providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.
Referred to the Committee on Local Affairs.
HB 295. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, so as to enlarge the city limits; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, FEBRUARY 15, 1963
467
HR 118-295. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution so as to authorize the creation of a Civil Service System for any or all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 119-295. By Messrs. Bedgood and Matthews of Clarke, Jones and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution so as to pro vide that there shall be no homestead exemption from ad valorem taxa tion for school purposes in Georgia; and for other purposes.
Referred to the Committee on State of Republic.
HB 296. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning the regulatioon of "motor common carriers", so as to require non-resident motor com mon carriers to designate and maintain in this State an agent upon whom may be served all summonses and other lawful processes; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 297. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield and Williams of Hall:
A Bill to be entitled an Act to amend an Act providing for the regulation of "motor common carriers", so as to empower the Georgia Public Serv ice Commission to grant, without hearings or other proceedings in certain instances; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 298. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, Williams of Hall:
A Bill to be entitled an Act to amend an Act to provide for the regulation of "motor carriers"; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 299. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, and Williams of Hall:
A Bill to be entitled an Act to amend an Act providing for the issuance, transfer, revocation, suspension, amendment and renewal of certificates of Public Convenience and Necessity for motor common carriers; and for other purposes.
Referred to the Committee on Motor Vehicles.
468
JOURNAL OF THE HOUSE,
HB 300. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning the regulation of "motor carriers"; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 301. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, and Williams of Hall:
A Bill to be entitled an Act to amend an Act empowering the Ga. Public Service Commission to fix rates, fares and charges for transportation by motor carriers of passengers and property; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 302. By Messrs. Keyton and Russell of Thomas:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to provide for a change in the procedure and practice in garnishments; and for other purposes.
Referred to the Committee on Appropriations.
HB 303. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to county employees of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 304. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend an Act providing for the issuance of automobile license tags to disabled veterans; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HB 305. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to be entitled an Act to amend an Act to provide methods of service upon persons where service of notice is required; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 306. By Messrs. Fleming and Bell of Richmond:
A Bill to be entitled an Act to amend an Act relating to the subject of divorce; to clarify same in regard to insane persons; and for other pur poses.
Referred to the Committee on Judiciary.
FRIDAY, FEBRUARY 15, 1963
469
HB 307. By Messrs. Conger and Griffin of Decatur:
A Bill to be entitled an Act to amend an Act relating to the payment of educational grants from State and local funds to school children, ap proved Jan. 31, 1961 (Ga. Laws 1961, p. 35), so as to provide that no grant under the terms of this Act shall be granted until the grand jury of the county where the applicant resides provides that this Act shall become effective; and for other purposes.
Referred to the Committee on Education.
HR 120-307. By Mr. Funk of Chatham:
A Resolution resolving that the General Assembly of Georgia recognize no delegation of power made by the States to the President authorizing the surrender of the sovereignty of this Nation to the United Nations; and that the sworn duty to the President to "provide for the common defense" precludes such proposals; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HR 121-307. By Mr. Newton of Colquitt:
A Resolution to authorize compensation to the United States of America for damages to a motor vehicle; and for other purposes.
Referred to the Committee on Appropriations.
HB 308. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act which will provide that persons convicted for violating the provisions of Section 68-9926 of the Code of Georgia, 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.
Referred to the Committee on Judiciary.
HB 309. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act which defines vagrancy, so as to provide that persons convicted of violating the provisions thereof shall be jailed; and for other purposes.
Referred to the Committee on Judiciary.
HB 310. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act which defines the crime of abandonment of a child; and for other purposes.
Referred to the Committee on Judiciary.
470
JOURNAL OP THE HOUSE,
HB 311. By Messrs. Odom of Dougherty, Bowen of Randolph, Groover of Bibb, Floyd of Chattooga, Knight of Berrien and others:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law; so as to provide that the Attorney General shall appoint all assistant Attorneys General; and for other purposes.
Referred to the Committee on State of Republic.
HB 312. By Messrs. Hull and Bell of Richmond, Kelly of Jasper, Richardson of Chatham, McCracken of Jefferson, Fleming of Richmond and others:
A Bill to be entitled an Act to be known as the "Apartment Ownership Act"; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 313. By Messrs. Dixon and Ponsell of Ware:
A Bill to be entitled an Act to provide 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; and for other purposes.
Referred to the Committee on Ways and Means.
HB 314. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to provide that the qualifications for the Judge of said court include that he be an attorney duly qualified to practice law according to the laws of the State; and for other purposes.
Referred to the Committee on Appropriations.
HB 315. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Twitty of Mitchell, Conger of Decatur, Groover of Bibb, Mackay of DeKalb and many others:
A Bill to be entitled an Act to authorize the Supreme Court of Georgia to establish, as an administrative arm of the court, a unified, self-gov erning Bar Association to be known as the "State Bar of Georgia"; and for other purposes.
Referred to the Committee on Judiciary.
HB 316. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act relating to the salary of the Comptroller General, so as to provide for the compensation of the Comptroller General; and for other purposes.
Referred to the Committee on Appropriations.
FRIDAY, FEBRUARY 15, 1963
471
HR 122-316. By Mr. Stuckey of Dodge: A Resolution to compensate Mr. J. O. Justice; and for other purposes.
Referred to the Committee on Appropriations.
HR 123-316. By Mr. Harrington of Baldwin: A Resolution to compensate Ed. F. Johnson; and for other purposes.
Referred to the Committee on Appropriations.
HR 124-316. By Mr. Harrington of Baldwin: A Resolution to compensate Fred G. Key; and for other purposes.
Referred to the Committee on Appropriations.
HB 317. By Messrs. Bynum of Rabun, Shuman of Bryan, Barber of Jackson, Mc Donald of White, Simmons of Banks, Teague of Cobb and others:
A Bill to be entitled an Act to provide for retirement benefits for the Justices of the Peace and Notaries Public Ex-Officio Justices of the Peace of Georgia; and for other purposes.
Referred to the Committee on Appropriations.
HR 125-317. By Mr. Dean of Polk: A Resolution to compensate Lewis Moore; and for other purposes.
Referred to the Committee on Appropriations.
HB 318. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Education, so as to provide additional pension benefits to certain former teachers and employees; and for other purposes.
Referred to the Committee on Local Affairs.
HB 319. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioner of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to County employees, so as to provide additional pension benefits to certain former officers and employees; and for other purposes.
Referred to the Committee on Local Affairs.
472
JOURNAL OF THE HOUSE,
SB 18. By Senator Downing of the 1st:
A Bill to be entitled an Act to require the identification of the registry of all ships, for the protection of the public; and for other purposes.
Referred to the Committee on State Institutions and Property.
SB 25. By Senator Phillips of the 27th:
A Bill to be entitled an Act to amend Code Section 39-1201, relating to the time, place, and manner of holding public sales of property under execution; and for other purposes.
Referred to the Committee on Judiciary.
SB 32. By Senators Knox of the 24th, Gillis of the 20th, Pannell of the 54th, Pennington of the 45th, Smalley of the 28th, Rowan of the 8th and others: A Bill to be entitled an Act to provide minimum standards for lumber placed on permanent construction; to provide for the enforcement of such standards by the Georgia Forestry Commission; and for other purposes.
Referred to the Committee on Natural Resources.
SB 34. By Senator Rowan of the 8th: A Bill to be entitled an Act to prevent certain firemen from engaging in certain activities and belonging to certain organizations; to provide for certain safeguards to such firemen; and for other purposes.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 239. By Mr. Bowen of Toombs: A Bill to be entitled an Act to amend an Act incorporating the City of Lyons; and for other purposes.
HB 240. By Mr. Bowen of Toombs: A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, so as to change the corporate limits; and for other purposes.
HB 241. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to expand and to define the corporate limits of the City of Louisville; and for other purposes.
FRIDAY, FEBRUARY 15, 1963
473
HB 242. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Avera; and for other purposes.
HB 243. By Mr. Deen of Bacon:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Bacon County, to provide for dividing said county into commission districts; and for other purposes.
HB 244. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to create the Cobb County Planning Depart ment; to provide for a planning engineer; and for other purposes.
HB 245. By Messrs. Shea, Funk and Richardson of Chatham:
A Bill to be entitled an Act to amend an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, so as to provide that the mayor of the City of Savannah shall be the only ex-officio member of the Armstrong Junior College Commission; and for other purposes.
HB 246. By Messrs. Richardson of Chatham, Flournoy of Cobb, Groover of Bibb, Etheridge of Fulton, Rutland of DeKalb and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act effecting a complete revision of the Laws of this State relating to the qualification and registration of voters, so as to provide for registration at places other than the office of the registrars; and for other purposes.
HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, Brooks of Oglethorpe, Murphy of Haralson, Mixon of Irwin and others: A Bill to be entitled an Act to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.
HB 248. By Mr. Rainey of Crisp: A Bill to be entitled an Act to amend an Act empowering cities, towns, and counties, to maintain recreation systems; and for other purposes.
HB 249. By Mr. Tabb of Miller: A Bill to be entitled an Act to amend an Act incorporating the City of Colquitt; and for other purposes.
474
JOURNAL OF THE HOUSE,
HB 250. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, so as to provide for a change in the compensation of the Ordinary of Clayton County; and for other purposes.
HB 251. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act to revise the adoption laws, so as to provide that the consent of the father who has not been sup porting his minor child shall not be necessary to let the child be adopted; and for other purposes.
HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware, Jones of Muscogee, Brantley of Candler and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled the "Urban Rede velopment Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.
HB 253. By Messrs. Matthews and Bedgood 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 or Mayor Pro Tern, and any six Aldermen shall constitute a quorum for the transaction of any business before the City Council; and for other purposes.
HB 254. By Mr. Melton of Spalding:
A Bill to be entitled an Act to amend an Act relating to compensation of members of county boards of education, so as to authorize payment of per diem and reimbursement of expenses incurred by a member meet ing or traveling as a member of a committee of a county board of edu cation on business first authorized by the Board; and for other purposes.
HR 105-254. By Mr. Laite of Bibb: A Resolution to compensate Emory E. Griffin; and for other purposes.
HR 106-254. By Mr. Herndon of Appling:
A Resolution to relieve Troy Hartley as security on a bond; and for other purposes.
HR 107-254. By Mr. Rainey of Crisp:
A Resolution to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the U.S.; and for other purposes.
FRIDAY, FEBRUARY 15, 1963
475
HB 255. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Columbus, providing a pension system for retired officers and employees and the dependents of officers and employees of said city; and for other purposes.
HB 256. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to be entitled an Act to authorize certain cities to become self insurers; to limit the amounts and coverages of self insurance; and for other purposes.
HB 257. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to be entitled an Act to amend the charter of the City of Colum bus, establishing pensions for certain officers and employees who are not disabled on the basis of period of service and age; and for other purposes.
HB 258. By Messrs. Pickard, Jones and Dicus 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 259. By Mr. Ballard of Newton:
A Bill to be entitled an Act to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and highways and highways of the system of highways of the State of Georgia; and for other purposes.
HB 260. By Mr. Perry of Evans:
A Bill to be entitled an Act to amend an Act authorizing and directing the proper authorities of the County of Evans having charge of the fiscal affairs of said County to pay the Ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed; and for other purposes.
HB 261. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the salary of the Mayor of the City of College Park; and for other purposes.
HB 262. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Coweta County; and for other purposes.
476
JOURNAL OF THE HOUSE,
HB 263. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act changing the compensation of the Sheriff, the Ordinary and the Clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the Ordinary; and for other purposes.
HB 264. By Messrs. Payton and Blalock 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 increase the compensation of the Mayor and members of the Board of Aldermen; and for other purposes.
HB 265. By Messrs. Bell, Hull and Fleming of Richmond and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to trial of civil cases at return term; and for other purposes.
HB 266. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act relating to the jurisdiction of the United States over certain lands in this State, so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any territory used for penal institutions; and for other purposes.
HB 267. By Messrs. Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to deductions in computing net income for income tax purposes, so as to authorize for small business an additional first year depreciation allowance as defined in Section 179 of the U.S. Internal Revenue Code of 1954; and for other purposes.
HR 108-267. By Mr. Ballard of Newton: A Resolution authorizing the transfer of certain real property located in DeKalb County; and for other purposes.
HR 109-267. By Mr. Ballard of Newton: A Resolution authorizing the transfer of certain real property located in Fulton County; and for other purposes.
HR 110-267. By Mr. Payton of Coweta: A Resolution to compensate Mrs. Elizabeth M. North; and for other purposes.
FRIDAY, FEBRUARY 15, 1963
477
HR 111-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Clayton County; and for other purposes.
HR 112-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to au thorize the creation of a Civil Service System for all those persons whose wages or salaries are paid in whole or in part out of the funds of Clayton County; and for other purposes.
HR 113-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the governing authority of Clayton County to enact ordinances for governing of said county; and for other purposes.
HB 268. By Messrs. Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to regulate the manner in which the Judges of the Superior Court of the Atlanta Judicial Circuit shall dispose of the business of said court; to provide for the selection and removal of a Chief Judge of said Court; and for other purposes.
HB 269. By Mr. White of Mclntosh:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding laws relative to Game and Fish, so as to close Doboy Sound and Altamaha Sound to the taking of crab and shrimp with a net other than a cast net; and for other purposes.
HB 270. By Messrs. Jones of Lumpkin, Mackay of DeKalb, Jones of Muscogee, Harris of DeKalb, Greene of Bartow and Killian of Glynn:
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 the authority to create a driver education program; and for other pur poses.
HB 271. By Messrs. Jones of Lumpkin, Mackay and Harris of DeKalb, Jones of Muscogee, Dicus of Muscogee, Greene of Bartow and Killian of Glynn:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that no drivers' license shall be issued to any person under 18 years of age; and for other purposes.
478
JOURNAL OP THE HOUSE,
HB 272. By Messrs. Jones of Lumpkin, Mackay and Harris of DeKalb, Greene of Bartow and Killian of Glynn:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the fees for drivers' licenses; and for other purposes.
HR 115-272. By Mr. Conner of Jeff Davis:
A Resolution proposing an amendment to the Constitution for the pur poses of encouraging the industrial growth and expansion of Jeff Davis County, the capital improvements of new industries; and for other pur poses.
HB 273. By Mr. Sinclair of Macon:
A Bill to be entitled an Act to amend an Act establishing a City Court of Oglethorpe, in the County of Macon, so as to increase the salary of the Judge of the City Court from $2,400.00 per annum to $3,600.00 per annum; and for other purposes.
HB 274. By Messrs. Echols and Caldwell of Upson:
A Bill to be entitled an Act creating a new charter for the City of Thomaston; and for other purposes.
HB 275. By Messrs. Echols and Caldwell 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 for other purposes.
HB 276. By Messrs. Killian and Isenberg of Glynn:
A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to change the compensation of the Solicitor; and for other purposes.
HB 277. By Messrs. Killian and Isenberg of Glynn:
A Bill to be entitled an Act to amend an Act establishing a salary system for the coroner of Glynn County; and for other purposes.
HB 278. By Messrs. Harris, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to authorize the Mayor and Council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes.
FRIDAY, FEBRUARY 15, 1963
479
HB 279. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busby of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act prescribing the procedure for the exercise of the power of eminent domain by the State of Geor gia; and for other purposes.
HB 280. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Rural Roads Authority Act" so as to change the membership of said Authority; and for other purposes.
HB 281. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating the offices of State Highway Board, so as to provide that the Director of the Department shall not constitute the Ga. State Highway Authority; and for other purposes.
HB 282. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled the "State Toll Bridge Authority Act", so as to change the membership of the Authority; and for other purposes.
HB 283. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act entitled the "Georgia State Highway Authority Act", so as to change the membership of said Au thority; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolutions of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HR 18- 16. Do Pass. HR 33- 68. Do Pass. HR 36- 77. Do Pass.
480
JOURNAL OF THE HOUSE,
HR 52-110. Do Pass, as Amended.
HR 53-110. Do Pass.
Respectfully submitted,
Blalock of Coweta,
Chairman.
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolution of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HR 102-230. Do Pass. HB 137. Do Pass. HB 160. Do Pass. HB 170. Do Pass. HB 171. Do Pass. HB 172. Do Pass. HB 179. Do Pass. HB 180. Do Pass. HB 182. Do Pass. HB 183. Do Pass. HB 185. Do Pass. HB 187. Do Pass. HB 188. Do Pass. HB 189. Do Pass. HB 203, Do Pass. HB 204. Do Pass. HB 211. Do Pass. HB 212. Do Pass. HB 213. Do Pass. HB 214. Do Pass. HB 215. Do Pass. HB 216. Do Pass. HB 218. Do Pass.
FRIDAY, FEBRUARY 15, 1963
481
HB 219. Do Pass. HB 220. Do Pass. HB 221. Do Pass. HB 222. Do Pass. HB 229. Do Pass. HB 230. Do Pass. HB 231. Do Pass. HB 232. Do Pass. HB 234. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Williams of Hall 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 77. Do Pass, by Substitute. HB 173. Do Pass, as Amended.
Respectfully submitted, Williams of Hall, Chairman.
Mr. Branch of Tift 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 77-157. Do Pass.
Respectfully submitted,
Branch of Tift,
Chairman.
482
JOURNAL OF THE HOUSE,
Mr. Bolton of Spalding moved that the House reconsider its action in dis agreeing to the Senate amendments to the following Resolution of the House:
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A Resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses, to define the duties and powers of said Commission; and for other purposes.
The motion prevailed.
The following Resolution of the House was again taken up for the purpose of considering the Senate amendments thereto:
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.
The following Committee amendments were read:
Senate Committee on Rules amends HR 21-23:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. There is hereby created a Commission to be known as the "Governor's Commission to Improve Education", hereinafter referred to as the "Commission". The Governor shall appoint as members on the Commission such number of citizens of Georgia, of recognized interest and expertise in the field of education as he deems advisable. He shall also appoint five members of the House of Representatives and three members of the Senate as members of the Commission. Said Commission shall serve until the time fixed by law for convening of the General Assembly in regular session in 1964, when the Commission shall stand abolished. The Governor shall fill all vacancies by appointment."
By striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. The legislative members of the Commission shall receive the compensation, per diem, expenses and allowance author-
FRIDAY, FEBRUARY 15, 1963
483
ized for legislative members of interim legislative committees. The other members of the Commission shall receive no per diem or com pensation for their services, but shall receive reimbursement for travel, lodging, meals and other actual expenses while away from their homes upon official business of the Commission, such expenses to be paid upon presentation of itemized vouchers by each such member, approved by the Chairman."
Mr. Bolton of Spalding moved that the House agree to the Senate Committee amendment.
On the motion to agree the ayes were 103, nays 0.
The Senate Committee amendment was agreed to.
The following floor amendment to HR 21-23 was read:
Senator Carter of the 14th moves to amend HR 21 as follows:
By striking from Section 1 the word "three" where it appears therein between the words "and" and "shall" and substituting in lieu thereof the word "five" so that when so amended said third sentence of Section 1 shall read as follows:
"Five members of the Commission shall be members of the House of Representatives, and five shall be members of the Senate, which shall be appointed by the Governor".
Mr. Bolton of Spalding moved that the House disagree to the Senate floor amendment and the motion prevailed.
The House has disagreed to the Senate floor amendment to HR 21-23.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 101. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Cuthbert in the County of Randolph; and for other pur poses.
484
JOURNAL OF THE HOUSE,
The following Committee amendment was read and adopted:
Local Affairs Committee moves to amend HB 101 as follows:
By striking from Section 62 the commas and words "an electric light plant, electric distribution system," so that when so amended Sec tion 62 shall read as follows:
"Section 62. Condemnation for municipal utilities. The Mayor and Council shall have full power and authority to contract for, or to condemn any land or premises within or without the city for the purpose of establishing and maintaining a waterworks system, a sewerage system, a gas system or any of them; provided, that if the right to condemn herein granted is exercised, all proceedings shall be under the provisions of Chapters 36-2 through 36-6, inclu sive, of the Georgia Code."
By striking from the second paragraph of Section 65 the comma and words ", and electric light" so that when so amended said second para graph of Section 65 shall read as follows:
"Section 65. For extending, enlarging and improving the water works system of the City, and laying water mains and sewers, pav ing, macadamizing, repairing, and improving the public streets, highways and lanes, alleys and crossings of the City, and for the purpose of building a public auditorium and any other public build ing and works, and making any other public improvements that may be needed for said City, and for any and all other governmental, municipal and public purposes."
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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 138. By Mr. Knight of Berrien: A Bill to be entitled an Act to repeal and supersede an Act incorporat ing the Town of Enigma, and for other purposes.
The following Committee amendment was read and adopted:
Local Affairs Committee of the House moves to amend Section 23 of HB 138 by changing the period at the end thereof to a comma and adding the following:
FRIDAY, FEBRUARY 15, 1963
485
"provided, however, that the provisions of this Section and the provisions of this Act shall not be construed to authorize the adop tion of codes concerning, or the examination of those concerned with, or the inspection of, the installation, repair or maintenance of elec tric wires or equipment 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 189. By Mr. Duncan of Fannin:
A Bill to be entitled an Act to amend an Act providing for a supple mental salary for the Ordinary of Fannin County so as to change such supplemental compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 137. By Messrs. McClelland, Etheridge and Brooks of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to provide that the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta certain 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OP THE HOUSE,
HB 160. By Messrs. Brown of Hart, Milford of Franklin, Poss of Madison, Brooks of Oglethorpe and Johnson of Elbert:
A Bill to be entitled an Act to provide a salary for the official court reporter of the Northern Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 170. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act to amend the original Act creating the Mu nicipal Court of Savannah, so as to increase the civil jurisdiction of said Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 171. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act relating to the City Court of Savannah, so as to authorize and empower the Judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial; and for other purposes.
The report 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.
FRIDAY, FEBRUARY 15, 1963
487
HB 172. By Mr. Parker of Screven:
A Bill to be entitled an Act to create a Screven County Industrial De velopment 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 179. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act to supplement the fees of the Ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 180. By Mr. Jones of Liberty:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Roads and Revenues for Liberty County, so as to change the compensation of the County 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 182. By Mr. Roper of Greene:
A Bill to be entitled an Act to amend an Act entitled "An Act to incor porate the City of Union Point, in the County of Greene; to provide for the election of Mayor; 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 183. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend an Act incorporating the City of Warm Springs, so as to change the amount of ad valorem tax; and for other purposes.
The report 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 185. By Messrs. Smith and Mitchell of Whitfield: A Bill to be entitled an Act to amend the charter of the City of Dalton, establishing 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 187. By Messrs. Walker and Gibbons of Lowndes: A Bill to be entitled an Act to fix the compensation of the members of the Board of Education of Lowndes County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 15, 1963
489
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 188. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Lowndes County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 203. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nicholls, so as to provide for two year terms for 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 204. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to amend an Act to create a new charter for the City of Camilla; and for other purposes.
The report 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.
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JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 211. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the Town of Lenox, so as to give the Town counsel power and authority to lease specific property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 212. By Mr. Shaw of Long: A Bill to be entitled an Act to amend an Act establishing the Commis sioners of Roads and Revenues for Long County, so as to strike out the provision for per diem method of compensation and substitute a salary for the commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 213. By Mr. Shaw of Long: A Bill to be entitled an Act to amend an Act establishing a City Court of Ludowici; and for other purposes.
The report 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.
FRIDAY, FEBRUARY 15, 1963
491
HB 214. By Mr. Shaw of Long:
A Bill to be entitled an Act to provide that the Sheriff and Deputy Sheriff of Long County shall be placed upon a salary, plus compensation set forth; and for other purposes.
The report 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 215. By Mr. Logan of Gilmer:
A Bill to be entitled an Act to amend an Act creating the office of County Commissioner and an Advisory Board of Gilmer County, so as to provide for an annual audit of the office of County 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 216. 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.
The report 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.
492
JOURNAL OF THE HOUSE,
HB 218. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 219. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads arid Revenues of Clayton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 220. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner of Clayton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 221. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on a salary system in lieu of a fee system; and for other purposes.
FRIDAY, FEBRUARY 15, 1963
493
The report 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 222. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating the Clayton Judi cial Circuit, so as to provide personnel, offices, and supplies for the use of the Judge and 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 229. By Messrs. Keyton and Russell of Thomas: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston; and for other purposes.
The report 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 230. By Messrs. Keyton and Russell of Thomas: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Boston; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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JOURNAL OP THE HOUSE,
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 231. By Mr. Smith of Telfair:
A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the City of McRae; and for other purposes.
The report 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 232. By Mr. Lee of Clinch:
A Bill to be entitled an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the Clerk of the Board of Commissioners of Roads and Revenues, for Clinch 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 234. By Messrs. Griffin and Conger of Decatur: A Bill to be entitled an Act to amend an Act incorporating the City of Bainbridge, so as to raise the age limit for employees eligible to partici pate in the retirement system of the City of Bainbridge; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 15, 196.3
495
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 111. By Messrs. Keyton and Russell of Thomas:
A Bill to be entitled an Act to amend the Charter of the City of Thomasville, so as to provide for the method of electing members to the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 116. By Messrs. Overby and Williams of Hall: A Bill to be entitled an Act incorporating the Town of Flowery Branch in Hall County, so as to change the name of the above mentioned munici pality from "Town of Flowery Branch" to "City of Flowery Branch"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 118. By Mr. Causby of Gordon: A Bill to be entitled an Act to incorporate the City of Calhoun, to organ ize the municipal government 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 116, nays 0.
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JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 119. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating the Civil and criminal court 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 134. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend an Act providing and establishing a charter for the City of Woodbury, in the County of Meriwether; and for other purposes.
The report 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 143. By Messrs. Shea, Funk and Richardson of Chatham: A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of Savannah; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 15, 1963
497
HB 154. By Mr. Coker of Turner:
A Bill to be entitled an Act to create a one member Commissioner of Roads and Revenues for Turner 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 159. By Mr. Brown of Hart:
A Bill to be entitled an Act to create the office of Tax Commissioner of Hart County, so as to increase the Tax Commissioner's assistant's sal ary; and for other purposes.
The report 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 166. By Mr. Wells of Camden: A Bill to be entitled an Act to amend an Act incorporating the City of Kingsland, so as to provide for an increase in ad valorem property 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 167. By Mr. Wells of Camden: A Bill to be entitled an Act to authorize and empower the City of St. Mary's, Georgia to borrow the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other assoociations; 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed. .
HB 168. By Mr. Wells of Camden:
A Bill to be entitled an Act to amend an Act creating a new City charter and municipal government for the City of St. Mary's; so as to provide the mayor and council the authority to adopt ordinances; and for other purposes.
The report 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 169. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Pinehurst in Dooly 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 47-107. By Messrs. Overby and Williams of Hall:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of Hall County; and for other purposes.
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499
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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 90-163. By Messrs. Griffin and Conger of Decatur: A Resolution authorizing the State Librarian to furnish to the Superior Court of Decatur County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; 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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolutions of the House were read and adopted:
HR 128. By Mr. Tucker of Burke:
A RESOLUTION
Expressing regret for the passing of John Jones Bargeron; and for other purposes.
WHEREAS, in November of 1962 a long time resident of Burke County, John Jones Bargeron passed away; and
WHEREAS, for many years Mr. Bargeron was a business, civic, religious and cultural leader of his community; and
WHEREAS, Mr. Bargeron served for eighteen years in the General Assembly as a representative of Burke County; and
WHEREAS, Mr. Bargeron's leadership was an inspiration to his community, his county and his State throughout his life; and
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JOURNAL OF THE HOUSE,
WHEREAS, his many friends and family are deeply grieved at his passing;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its regrets at the loss of the leadership and inspiration provided by this outstanding and distinguished citizen of the State of Georgia;
BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a sufficient number of copies of this Resolution to Honorable J. D. Bargeron, the representative of Mr. Bargeron's imme diate family, so that each member might be furnished a copy thereof.
HR 129. By Mr. Tucker of Burke:
A RESOLUTION
Expressing regret for the passing of Ralph Elliot Lewis; and for other purposes.
WHEREAS, a long time resident of Burke County, Ralph Elliot Lewis, recently passed away; and
WHEREAS, for many years Mr. Lewis was a business, civic, reli gious and cultural leader of his community; and
WHEREAS, Mr. Lewis served many years in the General Assembly as a Representative of Burke County; and
WHEREAS, Mr. Lewis' leadership was an inspiration to his com munity, his county and his State throughout his life; and
WHEREAS, his many friends and family are deeply grieved at his passing;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its regrets at the loss of the leadership and inspiration provided by this outstanding and distinguished citizen of the State of Georgia;
BE IT FURTHER RESOLVED that the Clerk of the House is hereby directed to transmit a sufficient number of copies of this Resolution to Honorable Preston B. Lewis, the representative of Mr. Lewis' immediate family, so that each member might be furnished a copy thereof.
HR 130. By Mr. Houston of Pierce:
A RESOLUTION
Commending and paying tribute to the community of Laura Chapel, Pierce County, State of Georgia; and for other purposes.
FRIDAY, FEBRUARY 15, 1963
501
WHEREAS, the community of Laura Chapel has contributed many outstanding deeds to Pierce County and the State of Georgia; and
WHEREAS, the community of Laura Chapel had a formal dedica tion for a new Missionary Baptist Church on February 3, 1963; and
WHEREAS, the Laura Chapel community holds religious services each and every Sunday; and
WHEREAS, through the combined efforts and hard work of all the citizens of this community with the leadership of Reverend Owen Rozier a dream was made a reality; and
WHEREAS, the people of this community four hundred (400) strong, through determination and hard work, have turned on the light to this reality for their community and Pierce County; and
WHEREAS, the community of Laura Chapel has contributed an abundant amount of inspiration to the religious activities of Pierce County and has brought esteem and honor upon its citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that this body does commend the citizens of the community of Laura Chapel and expresses to them its appreciation for the accomplishments and contributions to the religious activities of Pierce County and our great State of Georgia.
HR 131. By Messrs. Wilson, Teague and Flournoy of Cobb:
A RESOLUTION
Urging the Board of Regents of the University System of Georgia to construct additional dormitories for Southern Technical Institute lo cated at Marietta, Georgia; and for other purposes.
WHEREAS, the Southern Technological Institute, more commonly known as "Southern Tech", located at Marietta, Georgia has for many years played a most important and notable role in the history and indus trial development of our State; and
WHEREAS, its graduates have made an unsurpassed contribution towards the expansion of industrial growth of the State of Georgia; and
WHEREAS, because of the vital need for advanced technological abilities in our increasingly complicated society, it is of the utmost importance that the facilities at Southern Tech be adequate to provide for the youth of Georgia; and
WHEREAS, the present living facilities at Southern Tech are taxed beyond reason and due to space limitations are inadequate to accommo date the educational needs of a large portion of the otherwise qualified young people of Georgia; and
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JOURNAL OP THE HOUSE,
WHEREAS, the inadequate living facilities tends to deprive a great number of the future leaders of Georgia and the Nation of an opportu nity to obtain adequate preparation through a technical college education which would decidedly better enable them to meet the challenge pre sented by our evolving, modern American way of life.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OP GEORGIA that the Board of Regents of the University System of Georgia is most strongly urged to help alleviate these repre hensible conditions by providing for additional dormitories for Southern Technical Institute as soon as the money becomes available so that it may more adequately provide an educational opportunity for the quali fied young people of Georgia.
HR 41-95. By Messrs. Fleming and Hull of Richmond, Woodward of Butts, Roper of Greene and others:
A RESOLUTION
Recommending the allocation of funds to the Board of Regents to be used for the initial planning, staffing, alteration, construction, and operation of a dental college in conjunction with the Medical College of Georgia, located at Augusta, Georgia; and for other purposes.
WHEREAS, the Subcommittee on Hygiene and Sanitation No. 2 was created pursuant to House Resolution No. 433-912 (AM) creating the Hygiene and Sanitation Committee in order to study the needs of a dental college in the State of Georgia, including the type of school, location, cost, and time-table of completion; and
WHEREAS, said Committee has diligently studied the above stated problems; and
WHEREAS, the Subcommittee has found that there is an inade quate number of personnel trained in the profession of dentistry to meet present needs of the people of Georgia and that the number of students now receiving dental training will be insufficient to meet future needs and provide adequate dental care for the projected population of the State; 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 of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that the report of the Committee be and the same is hereby adopted;
BE IT FURTHER RESOLVED that it be and is hereby recommended that the Appropriations Committee allocate to the Board of Regents the
FRIDAY, FEBRUARY 15, 1963
503
sum of $150,000 for the year 1963-64 and the sum of $1,150,000 for the year 1964-65, to be used for the initial planning, staffing, alteration, con struction, and operation of a dental college in conjunction with the Med ical College of Georgia, located at Augusta, Georgia.
Mr. Coker of Cherokee served notice that at the proper time he would ask that the House reconsider its action in adopting HR 41-95.
Under the General Order of Business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 75. By Messrs. Bell, Hull and Fleming of Richmond and Matthews of Clarke:
A Bill to be entitled an Act to amend Code Chapter 38-21, relating to discovery, depositions, interrogatories, so as to authorize the clerk to dispose of interrogatories or depositions after the time has expired for filing motions for new trial and for filing bills of exceptions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 44-107. By Messrs. Perry of Marion and King of Chattahoochee: A Resolution to designate a highway as the Clarke W. Duncan Highway; 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 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 153. By Messrs. Wilson of Cobb, Abney of Walker, and others: A Bill to be entitled an Act to amend an Act effecting a complete revi sion of the laws of this State relating to the qualification of voters; 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 152. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to be entitled an Act to authorize the boards of education of all counties in the State of Ga. to'insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards of education to pay the premiums to maintain such insurance; and for other purposes.
The following amendment was read and adopted:
Mr. Echols of Upson moves to amend HB 152 as follows: By adding in the first line of Section 1 after the word county "and independent systems".
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 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Towson of Laurens asked unanimous consent that the following Bill of the House be withdrawn from further consideration.
HB 84. By Messrs. Knight and Towson of Laurens:
A Bill to be entitled an Act to amend an Act to place the Clerk of the superior Court of Laurens County and his deputies on a salary basis; and for other purposes.
The consent was granted and HB 84 was withdrawn from further considera tion.
FRIDAY, FEBRUARY 15, 1963
505
By unanimous consent, the rules were suspended in order that HB 318 and HB 319 could be read for the first time because of the effective dates and for other purposes.
Mr. Melton of Spalding moved that the House do now adjourn until 10:00 o'clock Monday morning and the motion prevailed.
The Speaker announced that the House adjourned until 10:00 o'clock Monday morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, February 18, 1963
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 Reverend Vernard Robertson, First Methodist Church, Americus, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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 and Senate were read the first time and referred to the Committees:
MONDAY, FEBRUARY 18, 1963
507
HB 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill, Williams of Hall, Brown of Hart, Johnson of Elbert, Milford of Franklin and others:
A Bill to be entitled an Act to amend an Act known as the Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gasoline used on navigable waters; and for other purposes.
Referred to the Committee on Ways and Means.
HB 321. By Messrs. Dorminy of Ben Hill, Chandler of Baldwin, Milhollin of Coffee and Mixon of Irwin:
A Bill to be entitled an Act to amend an Act consolidating, superseding and revising the Game and Fish Laws of the State of Georgia, so as to provide that it shall be unlawful for any person to possess any trap or device capable of catching-, holding or capturing quail without a permit from the Commission; and for other purposes.
Referred to the Committee on Natural Resources.
HB 322. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to amend an Act creating the State Board of Registration for Foresters and defining its powers and duties; and for other purposes.
Referred to the Committee on Natural Resources.
HB 323. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act relating to the Public Assistance Programs administered by the State Department of Public Welfare to provide for relieving the various counties of financial participation in the medical care programs administered by the State Department of Public Welfare under the Public Assistance programs; and for other purposes.
Referred to the Committee on Appropriations.
HB 324. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Aid to the Disabled Act" so as to relieve the various counties of financial participation in the medical care benefits paid pursuant to said Act; and for other purposes.
Referred to the Committee on Appropriations.
HB 325. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act relating to the Public Assistance Programs administered by the State Department of Public Welfare so as to provide for the inclusion in the definition of "Assist-
508
JOURNAL OF THE HOUSE,
ance", medical care in behalf of or any type of remedial care recognized under the State law in behalf of recipients eligible for assistance under the hereinafter cited Acts; and for other purposes.
Referred to the Committee on Appropriations.
HB 326. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child" and so as to change the definition of the term "Assistance" and to define the term "Poster Family Home"; and for other purposes.
Referred to the Committee on Appropriations.
HR 126-326. By Mr. Anderson of Pulaski:
A Resolution compensating Pete Pettey and Sam Pettey; and for other purposes.
Referred to the Committee on Appropriations.
HR 127-326. By Mr. Lindsey of Wilkes: A Resolution compensating Oley F. Cleveland; and for other purposes.
Referred to the Committee on Appropriations.
HB 327. By Messrs. Conger and Griffin of Decatur: A Bill to be entitled an Act to amend an Act creating the Georgia Factory for the Blind, so as to provide that workers in said factory shall receive and observe all State holidays with pay; and for other purposes.
Referred to the Committee on Welfare.
HB 328. By Messrs. Gibbons and Walker of Lowndes: A Bill to be entitled an Act to provide a method for the registration of voters and for their examination in counties having a population of not more than 49,300 and not less than 49,200; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 329. By Messrs. Pope and Coker of Cherokee: A Bill to be entitled an Act to amend an Act creating the office of commissioner of Roads and Revenues for the County of Cherokee, so as to change the compensation of the Clerk; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, FEBRUARY 18, 1963
509
HB 330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act providing for the holding of Bar Examinations, so as to authorize the Justices of the Supreme Court to fix the dates for holding two examinations each calendar year; and for other purposes.
Referred to the Committee on Judiciary.
HR 132-330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify the Executive Order of the Governor dated March 9, 1962, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Sec. 179 of the Federal Internal Revenue Code of 1954 on returns until next meeting of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.
HR 133-330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify the Executive Order of the Governor suspending collection of income tax attributable to the inclusion of amounts re ceived as subsistence allowances; and for other purposes.
Referred to the Committee on Ways and Means.
HB 331. By Messrs. Echols of Upson, Paris of Barrow, Story of Gwinnett and Smith of Habersham:
A Bill to be entitled an Act to amend an Act regulating malt beverages, so as to provide that the presence of 864 fluid oz. of malt beverages shall be prima facie evidence of possession of such beverages for pur poses of sale; and for other purposes.
Mr. Echols of Upson moved that this Bill be engrossed.
On the motion to engross, the ayes were 121, nays 1.
The Speaker ordered that HB 331 be engrossed, and referred the same to the Committee on Temperance.
HB 332. By Messrs. Echols of Upson, Paris of Barrow, Story of Gwinnett and Smith of Habersham:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon business of dealing in malt beverages, so as to pro vide the procedure to determine whether or not malt beverages shall be sold in a county; and for other purposes.
510
JOUENAL OF THE HOUSE,
Mr. Echols of Upson moved that this Bill be engrossed.
On the motion to engross, the ayes were 108, nays 0.
The Speaker ordered that HB 332 be engrossed, and referred the same to the Committee on Temperance.
HB 333. By Mr. Mullis of Bleckley: A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Bleckley County into the one office of Tax Com missioner of Bleckley County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 334. By Mr. Mullis of Bleckley:
A Bill to be entitled an Act to amend an Act relating to the salaries of county officers of Bleckley County, so as to change the compensa tion of the Ordinary of Bleckley County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 335. By Mr. Mullis of Bleckley:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Bleckley Coun ty, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
Referred to the Committee on Local Affairs.
SB 11. By Senator Jackson of the 16th:
A Bill to be entitled an Act to provide for the mandatory closing of certain commercial business establishments on Sunday; to allow certain others to remain open; to provide for local county option; and for other purposes.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 284. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to place the Sheriff of the Superior Court of Newton County on a salary in lieu of the fee system; and for other purposes.
MONDAY, FEBRUARY 18, 1963
511
HB 285. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commis sioner of Newton County; and for other purposes.
HB 286. By Messrs. Coker and Pope of Cherokee:
A Bill to be entitled an Act to amend an Act establishing a salary sys tem for the Sheriff, the Clerk of the Superior Court, the Tax Commis sioner and Ordinary of Cherokee County; and for other purposes.
HB 287. By Mr. Brantley of Candler:
A Bill to be entitled an Act to amend an Act to provide for the creation of a Board of Roads and Revenues Commissioners in and for the County of Candler; and for other purposes.
HB 288. By Mr. Brantley of Candler: A Bill to be entitled an Act to prohibit the use of certain language over the telephone; to prohibit the use of the telephone for certain purposes; and for other purposes.
HB 289. By Messrs. Coker and Pope of Cherokee, Johnson of Elbert and Acree of Towns: A Bill to be entitled an Act to amend an Act relating to the creation of the State Board of Medical Examiners, so as to provide for the appointment of a board member from each congressional district; and for other purposes.
HB 290. By Mr. Steis of Harris: A Bill to be entitled an Act to amend an Act providing for the regula tion of the sale of securities in this State, so as to redefine the word "salesman"; and for other purposes.
HB 291. By Mr. Overby of Hall: A Bill to be entitled an Act to amend an Act establishing the Georgia State War Veterans Homes, so as to provide that State funds which are appropriated to the Veterans Service Board for the operation of the Veterans Home at Milledgeville shall be appropriated to the De partment of Public Health; and for other purposes.
HB 292. By Mr. Tucker of Burke: A Bill to be entitled an Act to create the Burke County Development Authority; and for other purposes.
512
JOURNAL OF THE HOUSE,
HR 116-292. By Mr. Wilson of Cobb: A Resolution to compensate Alien J. Faulkner; and for other purposes.
HR 117-292. By Messrs. Pope of Cherokee, Laite of Bibb and Coker of Cherokee:
A Resolution proposing an amendment to the Constitution so as to pro vide that a Governor may succeed himself but may not serve more than two terms; and for other purposes.
HB 293. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, so as to extend the City limits; and for other purposes.
HB 294. By Messrs. Bell, Fleming and Hull of Richmond:
A Bill to be entitled an Act providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.
HB 295. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, so as to enlarge the city limits; and for other purposes.
HR 118-295. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution so as to authorize the creation of a Civil Service System for any or all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County; and for other purposes.
HR 119-295. By Messrs. Bedgood and Matthews of Clarke, Jones and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution so as to pro vide that there shall be no homestead exemption from ad valorem taxation for school purposes in Georgia; and for other purposes.
HB 296. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning the regulation of "motor common carriers", so as to require non-resident motor com mon carriers to designate and maintain in this State an agent upon whom may be served all summonses and other lawful processes; and for other purposes.
MONDAY, FEBRUARY 18, 1963
513
HB 297. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield and Williams of Hall:
A Bill to be entitled an Act to amend an Act providing for the regula tion of "motor common carriers", so as to empower the Georgia Public Service Commission to grant, without hearings or other proceedings in certain instances; and for other purposes.
HB 298. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, Williams of Hall:
A Bill to be entitled an Act to amend an Act to provide for the regula tion of "motor carriers"; and for other purposes.
HB 299. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, and Williams of Hall:
A Bill to be entitled an Act to amend an Act providing for the issuance, transfer, revocation, suspension, amendment and renewal of certificates of Public Convenience and Necessity for motor common carriers; and for other purposes.
HB 300. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield and Williams of Hall:
A Bill to be entitled an Act to amend an Act concerning the regulation of "motor carriers"; and for other purposes.
HB 301. By Messrs. Smith of Grady, Ware of Troup, Smith of Whitfield, and Williams of Hall:
A Bill to be entitled an Act to amend an Act empowering the Georgia Public Service Commission to fix rates, fares and charges for trans portation by motor carriers of passengers and property; and for other purposes.
HB 302. By Messrs. Keyton and Russell of Thomas:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in ceratin counties, so as to provide for a change in the procedure and practice in garnishments; and for other purposes.
HB 303. By Messrs. McClelland and Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to estab lish rules and regulations governing the payments of pensions to county employees of Fulton County; and for other purposes.
514
JOURNAL OF THE HOUSE,
HB 304. By Mr. Fleming of Richmond:
A Bill to be entitled an Act to amend an Act providing for the issu ance of automobile license tags to disabled veterans; and for other purposes.
HB 305. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to be entitled an Act to amend an Act to provide methods of service upon persons where service of notice is required; and for other purposes.
HB 306. By Messrs. Fleming, and Bell of Richmond:
A Bill to be entitled an Act to amend an Act relating to the subject of divorce; to clarify same in regard to insane persons; and for other purposes.
HB 307. By Messrs. Conger and Griffin of Decatur:
A Bill to be entitled an Act to amend an Act relating to the payment of educational grants from State and local funds to school children, approved Jan. 31, 1961 (Ga. Laws 1961, p. 35), so as to provide that no grant under the terms of this Act shall be granted until the grand jury of the county where the applicant resides provides that this Act shall become effective; and for other purposes.
HR 120-307. By Mr. Funk of Chatham:
A Resolution resolving that the General Assembly of Georgia recognize no delegation of power made by the States to the President authorizing the surrender of the sovereignty of this nation to the United Nations; and that the sworn duty to the President to "provjde for the common defense" precludes such proposals; and for other purposes.
HR 121-307. By Mr. Newton of Colquitt:
A Resolution to authorize compensation to the United States of America for damages to a motor vehicle; and for other purposes.
HB 308. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act which will provide that persons convicted for violating the provisions of Section 68-9926 of the Code of Georgia, 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.
MONDAY, FEBRUARY 18, 1963
515
HB 309. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act which defines vagrancy, so as to provide that persons convicted of violating the provisions thereof shall be jailed; and for other purposes.
HB 310. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act which defines the crime of abandonment of a child; and for other purposes.
HB 311. By Messrs. Odom of Dougherty, Bowen of Randolph, Groover of Bibb, Floyd of Chattooga, Knight of Berrien and others:
A Bill to be entitled an Act to amend an Act reorganizing the State Department of Law; so as to provide that the Attorney General shall appoint all assistant Attorneys General; and for other purposes.
HB 312. By Messrs. Hull and Bell of Richmond, Kelly of Jasper, Richardson of Chatham, McCracken of Jefferson, Fleming of Richmond and others:
A Bill to be entitled an Act to be known as the "Apartment Ownership Act"; and for other purposes.
HB 313. By Messrs. Dixon and Ponsell of Ware:
A Bill to be entitled an Act to provide 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; and for other purposes.
HB 314. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to provide that the qualifications for the Judge of said court include that he be an attorney duly qualified to practice law according to the laws of the State; and for other purposes.
HB 315. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Twitty of Mitchell, Conger of Decatur, Groover of Bibb, Mackay of DeKalb and many others:
A Bill to be entitled an Act to authorize the Supreme Court of Georgia to establish, as an administrative arm of the court, a unified, selfgoverning Bar Association to be known as the "State Bar of Georgia"; and for other purposes.
516
JOURNAL OF THE HOUSE,
HB 316. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act relating to the salary of the Comptroller General, so as to provide for the compensation of the Comptroller General; and for other purposes.
HE 122-316. By Mr. Stuckey of Dodge: A Resolution to compensate Mr. J. O. Justice; and for other purposes.
HR 123-316. By Mr. Harrington of Baldwin: A Resolution to compensate Ed. F. Johnson; and for other purposes.
HR 124-316. By Mr. Harrington of Baldwin: A Resolution to compensate Fred G. Key; and for other purposes.
HB 317. By Messrs. Bynum of Rabun, Shuman of Bryan, Barber of Jackson, McDonald of White, Simmons of Banks, Teague of Cobb and others: A Bill to be entitled an Act to provide for retirement benefits for the Justices of the Peace and Notaries Public Ex-Officio Justices of the Peace of Georgia; and for other purposes.
HR 125-317. By Mr. Dean of Polk: A Resolution to compensate Lewis Moore; and for other purposes.
HB 318. By Messrs. McClelland and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act providing in Fulton County a system of pensions and retirement pay to teachers and em ployees of the Board of Education, so as to provide additional pension benefits to certain former teachers and employees; and for other pur poses.
HB 319. By Messrs. McClelland and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioner of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to County employees, so as to provide additional pension benefits to certain former officers and employees; and for other purposes.
SB 18. By Senator Downing of the 1st: A Bill to be entitled an Act to require the identification of the registry of all ships, for the protection of the public; and for other purposes.
MONDAY, FEBRUARY 18, 1963
517
SB 25. By Senator Phillips of the 27th:
A Bill to be entitled an Act to amend Code Section 39-1201, relating to the time, place, and manner of holding public sales of property under execution; and for other purposes.
SB 32. By Senators Knox of the 24th, Gillis of the 20th, Pannell of the 54th, Pennington of the 45th, Smalley of the 28th, Rowan of the 8th and others:
A Bill to be entitled an Act to provide minimum standards for lumber placed on permanent construction; to provide for the enforcement of such standards by the Georgia Forestry Commission; and for other purposes.
SB 34. By Senator Rowan of the 8th:
A Bill to be entitled an Act to prevent certain firemen from engaging in certain activities and belonging to certain organizations; to provide for certain safeguards to such firemen; 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 and respectfully asks that a Committee of Conference be appointed:
SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th: A Bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and municipalities who consoli date and merge; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Gayner of the 5th, Loggins of the 53rd and Pannell of the 54th.
The Senate adopted the House Substitute to the following Bill of the Senate:
SB 6. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to authorize the Governor, within Constitutional limitations to direct and effectuate the consolidation and merger of any one or more departments, agencies, commissions, of this State; and for other pur poses.
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JOURNAL OF THE HOUSE,
Mr. Echols of Upson asked unanimous consent that the following Bill of the House be recommitteed to the Temperance Committee and the consent was granted:
HB 70. By Messrs. Paris of Barrow and Echols of Upson: A Bill to be entitled an Act regulating malt beverages, so as to provide that the physical presence of 864 fluid ounces of malt beverages in a public place of business shall be prima-facie evidence of possession of said beverages for sale; and for other purposes.
HB 70 was recommitteed to the Committee on Temperance.
Mr. Bolton of Spalding asked unanimous consent that the following Bill of the House be recommitteed to the State of Republic Committee and the consent was granted:
HB 125. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others: A Bill to be entitled an Act to amend an Act creating and establishing as a part of the executive branch of the State of Georgia a department which shall be known as the Department of Public Safety; and for other purposes.
HB 125 was recommitteed to the Committee on State of Republic.
Mr. Coker of Cherokee moved that the House reconsider its action in adopt ing the following Resolution of the House:
HR 41-95. By Messrs. Fleming and Hull of Richmond, Woodward of Butts and others: A Resolution recommending the allocation of funds to the Board of Regents to be used for the initial planning, staffing, alteration, con struction, and operation of a dental college in conjunction with the Medical College of Georgia, located in Augusta; and for other purposes.
On the motion to reconsider the ayes were 33, nays 85.
The motion to reconsider was lost.
The following Resolution of the House was read and adopted:
MONDAY, FEBRUARY 18, 1963
519
HR 136. By Messrs. Rowland of Johnson, Chance of Twiggs, and others:
A RESOLUTION
Expressing regrets at the passing of J. H. Rowland; and for other purposes.
WHEREAS, on February 18, 1963, the Honorable J. H. Rowland passed away; and
WHEREAS, Mr. Rowland was a lifelong resident and citizens of Johnson County, having represented Johnson County for many years in the General Assembly of the State of Georgia; and
WHEREAS, this distinguished citizen was an outstanding business, civic, political and religious leader of his community, county and State; and
WHEREAS, the leadership and inspiration provided by this beloved citizen shall be sadly missed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby express its deepest sympathy and regrets at the passing of this outstanding citizen.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and instructed to deliver an appropriate copy of this Reso lution to the Honorable E. L. Rowland for delivery to the immediate survivors of J. H. Rowland.
Under the General Order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 156. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend Code Section 66-103, relating to the payment of wages due deceased employees to certain survivors with out the necessity of administration upon their estates, so as to place State employees under the provisions of said Section; and for other purposes.
Mr. Overby of Hall asked unanimous consent that HB 156 be postponed until Tuesday, February 19, 1963, and the consent was granted.
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
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 21 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
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JOURNAL OF THE HOUSE,
The following Committee amendment was read:
The House Judiciary Committee moves to amend HB 40 as follows:
By striking from the title the words and figures "twenty-one (21)" wherever they appear and substituting in lieu thereof the words and figures "seventeen (17)" so that when so amended the title shall read as follows:
"An Act to amend Title 27 of the Code, relating to criminal procedure, so as to provide that persons under the age of seven teen (17) years shall not be sentenced to death for the commission of a capital crime, but shall instead be sentenced to life imprison ment; to authorize the presiding judge to so sentence such person; to repeal conflicting laws; and for other purposes."
By striking from Section 1 the words and figures "twenty-one (21)" and substituting in lieu thereof the words and figures "seven teen (17)" so that when so amended Section 1 shall read as follows:
"Section 1. Title 27 of the Code, relating to criminal pro cedure, is hereby amended by amending Section 27-2302 of the Code, relating to recommendations to mercy, by adding at the end of said Section the following:
"In all capital cases, when the verdict is guilty without a rec ommendation to mercy, it shall be legal and shall mean that the convicted person shall be sentenced to death, unless such person was under the age of seventeen (17) years at the time when such capi tal crime was committed. If the convicted person was under the age of seventeen (17) years at the time such capital crime was committed, such verdict shall nevertheless be legal, but shall mean that the convicted person shall be sentenced to life imprisonment.",
so that when so amended said Section 27-2302 shall read as follows:
"In all capital cases, other than those of homicide, when the verdict is guilty, with a recommendation to mercy, it shall be legal and shall mean imprisonment for life.
"In all capital cases, when the verdict is guilty without a recommendation to mercy, it shall be legal and shall mean that the convicted person shall be sentenced to death, unless such person was under the age of seventeen (17) years at the time when such capital crime was committed. If the convicted person was under the age of seventeen (17) years at the time such capital crime was committed, such verdict shall nevertheless be legal, but shall mean that the convicted person shall be sentenced to life imprisonment.
"Provided nothing contained in the provisions of this Section shall apply to a crime committed at any time before the day when this Section shall take effect. Such crime shall be punishable accord ing to the provisions of law existing when it is committed, in the
MONDAY, FEBRUARY 18, 1963
521
same manner as if this Section had not been passed. A crime pun ishable by death committed on or after the effective date of this Act must be punishable according to the provisions herein made and not otherwise."
The following amendment to the Committee amendment was read and adopted:
Story of Gwinnett, Hale of Bade, and Baughman of Early moves to amend Committee amendment to HB 40 as follows:
By striking from the title the words and figures "under the age of seventeen (17) years", and substituting therefor the words and figures "who have not reached their sixteenth (16th) birthday".
And by striking from Section 1, wherever the same appear, the words and figures "was under the age of seventeen (17) years" and substituting in lieu thereof the words and figures "had not reached their sixteenth (16th) birthday".
The Committee amendment as amended was adopted.
The report of the Committee which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph
Brackin Brantley Brooks of Pulton Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis
Dean of Polk Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Treutlen Fulford Funk Gibbons Greene
522
JOURNAL OF THE HOUSE,
Groover Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt
McClelland McDonald McKemie Meeks Melton Milford Mitchell Mixon Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Rodgers Rowland Sangster Sewell
Shaw Shea Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Towson Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Bowen of Dawson Caldwell Causby Dorminy Fowler of Douglas
Keyton Leonard Milhollin Moore Rhodes
Russell Shuman Tucker of Burke Woodward
Those not voting were Messrs.:
Acree Bowen of Toombs Branch Brooks of Oglethorpe Conner
Crummey Flynt Griffin Hill Jones of Liberty
Jordan of Calhoun Keadle Kelly Knight of Berrien McCracken
McGarity Moate Parker Payton Roper
MONDAY, FEBRUARY 18, 1963
523
Rutland Scarborough Smith of Emanuel Stuckey Todd
Twitty Walker Mr. Speaker
On the passage of the Bill, as amended, the ayes were 163, nays 14.
The Bill, having received the requisite constitutional majority, was passed as amended.
Mr. Branch of Tift stated that he had been called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 40.
HB 88. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A Bill to be entitled an, Act to provide certain minimum standards prerequisite to the original incorporation of a municipality; and for other purposes.
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 Acree Alien Anderson Andrews Bagby Ballard Barber Bedgood Bell Black Blair Bowen of Randolph Bowen of Dawson
Brantley Brown Busbee Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis
Been of Bacon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons
524
JOURNAL OF THE HOUSE,
Greene Groover Hale Hall Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Keyton Killian King Kirkland Lambert Lee of Clayton Lee of Dougherty Lewis Logan Lokey Mackay Matthews of Colquitt McClelland McKemie Meeks
Melton Milford Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Rodgers Sangster Sewell Shaw Shea
Simmons Simpson Sinclair Singer Smith of Porsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Warren Watson Watts Wells of Oconee Wells of Camden White Wilkes Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Baughman Dean of Polk Leonard
Lindsey Milhollin Mullis
Paris Shuman Williams of Coffee
Those not voting were Messrs.:
Arnsdorff Blalock of Coweta Blalock of Clayton Bolton Bowen of Toomb Brackin Branch Brooks of Oglethorpe Brooks of Fulton Bynum Conger Conner
Crummey Cullens DeVane Dicus Dixon Flynt Griffin Harrell Hill Jones of Liberty Jones of Worth Jordan of Floyd
Jordan of Calhoun Keadle Kelly Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lowrey Matthews of Clarke McCracken McDonald
McGarity Moate Overby Payton Rainey Roberts Roper
MONDAY, FEBRUARY 18, 1963
525
Rowland Russell Rutland Scarborough Smith of Emanuel Stalnaker Todd
Towson Twitty Walker Ware Wells of Peach Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 139, nays 9.
The Bill, having received the requisite constitutional majority, was passed.
Messrs. Chandler and Harrington of Baldwin stated that they inadvertently voted "Aye" and would like to be recorded as voting "Nay" on HB 88.
Mr. Baughman of Early stated that he voted under a misapprehension and would like to be recorded as voting "Aye".
HB 186. By Messrs. Newton of Colquitt, Smith of Emanuel and others:
A Bill to be entitled an Act to amend Section 3 (c) 2 of the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt seed, fertilizers, etc., when used directly in tilling the soil or animal husbandry; and for other purposes.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman
Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Branch Brown
Busbee Bynum Byrd Caldwell Carr Causby Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner
526
JOURNAL OF THE HOUSE,
Conner Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Fleming Floyd Fowler of Treutlen Fulford Funk Gibbons Greene Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton Killian King Kirkland Lambert Lee of Clinch Lee of Clayton
Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Russell
Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabh Teague Todd Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Bolton Bowen of Toomb Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Chance Chandler
Conger Crummey Cullens Etheridge Flournoy Flynt Fowler of Douglas Griffin
Groover House Jones of Liberty Jones of Worth Jordan of Calhoun Keadle Kelly Knight of Laurens
MONDAY, FEBRUARY 18, 1963
527
Knight of Berrien Laite Lane Logan Lowrey McCracken McDonald McGarity
Moate Moore Murphy Overby Payton Pickard Roper Rowland
Rutland Scarborough Smith of Emanuel Twitty Vaughn Walker White Mr. Speaker
On the passage of the Bill, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Chance of Twiggs stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 186.
HR 77-157. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A Resolution to repeal a Resolution entitled "To recommend that the State discontinue the building of cabins and State parks"; 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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black
Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr
Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Been of Bacon DeVane Dixon
528
JOURNAL OP THE HOUSE,
Dorminy Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Hall Harrell Harrington Harris Henderson Herndon Hill Horton Hull Hurst Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton King Kirkland Knight of Laurens Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey
Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland
Russell Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Tucker of Catoosa Underwood of Taylor Vaughn Waldrop Ware Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Bolton Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Conger Crummey Cullens Dicus
Etheridge Flynt Griffin Groover Hale House Houston Isenberg Jones of Liberty
Jones of Worth Jordan of Calhoun Keadle Kelly Killian Knight of Berrien Laite McCracken McDonald
McGarity Moate Murphy Payton Pickard Rutland
MONDAY, FEBRUARY 18, 1963
529
Scarborough Smith of Emanuel Towson Tucker of Burke Twitty Underwood of
Montgomery Walker Warren Mr. Speaker
On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson, and others:
A Bill to he entitled an Act to regulate the purchase of used motor vehicles and parts therefrom; and for other purposes.
The following Committee amendment was read and adopted:
Motor Vehicles Committee moves to amend HB 173, as follows:
By adding a new sentence at the end of Section 1 to read as follows:
"Said information shall be maintained in permanent records for a period of not less than 5 years and shall be open to inspection by appropriate law enforcement officers."
The following amendment was read and adopted:
Mr. McKemie of Clay moves to amend HB 173 as follows:
"By striking the words 'except tractors' in Section 2 of said bill."
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 Acree Alien
Anderson Andrews Arnsdorff
Ballard Barber Baughman
530
JOURNAL OF THE HOUSE,
Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Branch Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Been of Bacon DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston
Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton King Kirkland Knight of Laurens Laite Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Matthews of Clarke McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Newton of Jenkins Odom Overby Pafford Paris Partridge Perry of Evans Peterson Phillips Pickard Ponsell Poole Poole Pope Poss
Rainey Raulerson Reaves Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watt Wells of Peach Wells of Oconee Wells of Camden White William of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Cullens Fulford Groover
Matthews of Colquitt Rhodes Scarborough
Smith of Habersham Woodward
MONDAY, FEBRUARY 18, 1963
531
Those not voting were Messrs.:
Bagby Black Bolton Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Conger Crummey Dicus Etheridge Greene Hale
Hull Hurst Isenberg Jones of Liberty Jordan of Calhoun Keadle Kelly Killian Knight of Berrien Lee of Clinch Mackay McClelland McCracken McGarity
Moate Nessmith Newton of Colquitt Parker Payton Perry of Maron Rutland Simpson Singer Smith of Emanuel Twitty Walker Wilkes Mr. Speaker
On the passage of the Bill, as amended, the ayes were 155, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 77. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that no certificate of title shall be required on any vehicle registered in another state; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 69), as amended by an Act approved February 16, 1962 (Ga. Laws 1962, p. 79), so as to require vehicles registered in this State to have Certificates of Title; to provide for the manner of application for Cer tificates of Title: to provide for a final date by which all vehicles shall be titled; to provide that the Commissioner may by regulation exempt and exclude certain vehicles from the provisions of this Act; to provide that the Commissioner shall not renew or register vehicles that have not been titled; to provide for a Board to hear complaints and claims of aggrieved persons; to provide that such methods of handling grievances shall be exclusive; to provide a method of compensating persons dam aged in the administration of this Act; to authorize the Commissioner to promulgate rules and regulations governing the procedure and estab lishment of the Board; to repeal conflicting laws; and for other pur poses.
532
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
An Act known as the "Motor Vehicle Certificate of Title Act", ap proved March 7, 1961 (Ga. Laws 1961, p. 69), as amended by an Act approved February 16, 1962 (Ga. Laws 1962, p. 79) is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof the . following:
"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 cer tificate of title to the vehicle according to the model of the vehicle. Such application is to be made in the following manner: All 1963 model vehicles and all successive model vehicles thereafter shall have a certificate of title. Provided, that by January 1, 1969, all model vehicles 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.
"(b) The Commissioner may by rule or regulation exempt from the requirements of this Act vehicles owned by non-resident individuals or corporations that are properly titled in the state of such owner's residence where the vehicle is required to be regis tered in this State because (1) Georgia has no reciprocity agree ment on registration and licensing of motor vehicles with the owner's state or (2) the vehicle is used in both inter-state and intra-state transportation.
"(c) When the owner of a vehicle is required to have a cer tificate of title, 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."
SECTION 2
Said Act is further amended by striking Section 29 in its entirety and inserting in lieu thereof the following:
"Section 29. Hearings. The Commissioner shall establish a Board to hear complaints and claims of person aggrieved by the Acts or omissions of the Commissioner or any employee or servant of the Department of Revenue pertaining to the administration of this Act. The Board is authorized to compensate persons, firms or corporations who have been damaged monetarily by the acts or omissions of the Commissioner or any employee of the Department of Revenue in the administration of this Act. Such compensation is to be paid from the appropriations made for the operation of this Act. The procedure herein established for the handling of
MONDAY, FEBRUARY 18, 1963
533
claims and of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints, grievances and claims whether or not the aggrieved party shall have suffered any monetary damage. The Commissioner shall promulgate rules and regulations governing the procedure for such hearings, the mem bership of the Board and the organization thereof."
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.:
Abney Anderson Andrews Arnsdorff Ballard Barber Baughman Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Coker of Cherokee Coker of Turner Davis Deen of Bacon DeVane Dixon
Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hall Harrell Harrington Harris Henderson Horton Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton
King Kirkland Knight of Laurens Laite Lambert Lee of Clinch Lee of Dougherty Lewis Lindsey Logan Lokey Lowrey Matthews of Colquitt McKemie Meeks Melton Milford Milhollin Mixon Morgan of Gwinnett Mullis Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Perry of Marion Perry of Evans
534
Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Russell Scarborough Sewell Shaw Shea
JOURNAL OF THE HOUSE,
Shuman Simmons Simpson Sinclair Smith of Telfair Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke
Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Walker Ware Warren Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Cobb
Those voting in the negative were Messrs.:
Clarke of Monroe House Johnson of Warren
Matthews of Clarke Moore Murphy
Watson Wilson of Brantley
Those not voting were Messrs.:
Acree Alien Bagby Bedgood Blalock of Coweta Bowen of Toomb Brackin Branch Brooks of Oglethorpe Brooks of Fulton Clark of Catoosa Conger Conner Crummey Cullens Dean of Polk Dicus Dorminy Etheridge Floyd Groover
Hale Herndon Hill Jones of Liberty Jordan of Calhoun Kelly Killian Knight of Berrien Lane Lee of Clayton Leonard Mackay McClelland McCracken McDonald McGarity Mitchell Moate Morgan of Newton Nessmith Overby
Payton Pickard Roberts Rodgers Roper Rowland Rutland Sangster Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Smith of Whitfield Stuckey Twitty Watts White Williams of Hall Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 135, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
MONDAY, FEBRUARY 18, 1963
535
Mr. Bolton of Spalding moved that the House insist on its position on the following Bill of the Senate and a Committee of Conference be appointed:
SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to be entitled an Act to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and munici palities who consolidate and merge; and for other purposes.
The motion prevailed and the following members were appointed as a Com mittee of Conference on the part of the House:
Messrs. Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens.
Under the General Order of Business, the following Resolutions of the House were taken up for consideration and read the third time:
HR 18-16. By Mr. Fowler of Douglas: A Resolution to compensate W. H. Nicholson; and for other purposes.
The following amendment was read and adopted: Mr. Blalock of Coweta moves to amend HR 18-16 as follows: "By striking the figure $113.29 wherever it appears in said Resolution, and substituting in lieu thereof the figure $111.28."
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 ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 33-68. By Messrs. Richardson, Shea and Funk of Chatham:
A Resolution authorizing the Georgia Forestry Commission to pay compensation to Mr. George W. Lott for damages to his trees; and for other purposes.
536
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Blalock of Coweta moves to amend HR 33-68 as follows:
"By striking the figures $598.00 wherever it appears in said Resolution and substituting in lieu thereof the figure '$398.00.'"
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 ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 36-77. By Mr. Milhollin of Coffee: A Resolution compensating Mrs. John Howard; 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 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 52-110. By Mr. Hill of Meriwether: A Resolution to compensate Mr. Homer Smith; and for other purposes.
The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 52-110 as
follows: By striking the word "Mrs." wherever same appears in the
Resolution and insert in lieu thereof the word "Mr."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
MONDAY, FEBRUARY 18, 1963
537
On the adoption of the Resolution, as amended, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 53-110. By Mr. Hill of Meriwether: A Resolution to compensate Mrs. L. R. Collins; 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 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 tomorrow morning.
538
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, February 19, 1963
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 Reverend Clarence S. Newton, Pastor of the Trinity Methodist Church, Warner Robins, Georgia.
The roll call was ordered and the following members answered to their names :
Abney Acree Alien Anderson Andrews Arnsdorff
Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner
Conger Conner Cullens Da vis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull
Hurst
Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton
TUESDAY, FEBRUARY 19, 1963
539
Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss
Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis
Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Mr. Clarke of Monroe, 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.
540
JOURNAL OF THE HOUSE,
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 read the first time and referred to the Committees:
HB 336. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Douglas County, so as to provide that the Board of Commissioners shall have the power to furnish the Sheriff a cash allowance; and for other purposes.
Referred to the Committee on Local Affairs.
HB 337. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Douglasville; and for other purposes.
Referred to the Committee on Local Affairs.
HB 338. By Mr. Fowler of Douglas: A Bill to be entitled an Act to create the Douglas County Study Com mission for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recom mendations as to the most expedient method to improve Douglas County in the future; and for other purposes.
Referred to the Committee on Local Affairs.
HB 339. By Messrs. Laite, Groover and House 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 describe new territory to become a part of the City of Macon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 340. By Messrs. Hill of Meriwether, Sinclair of Macon, Brown of Hart, Fulford of Terrell, Hall of Lee, Keadle of Lamar and others: A Bill to be entitled an Act to create an Area Redevelopment Finance Administrator; to provide for a short title; and for other purposes.
Referred to the Committee on Banks and Banking.
TUESDAY, FEBRUARY 19, 1963
541
HB 341. By Messrs. Lowrey and Jordan of Floyd:
A Bill to be entitled an Act to amend an Act changing the compensa tion of Floyd County officers from a fee system to a salary system, and relating to uniforms for the Sheriff and his Deputies; and for other purposes.
Referred to the Committee on Local Affairs.
HB 342. By Messrs. Lowrey and Jordan of Floyd:
A Bill to be entitled an Act to amend an Act changing the compensa tion of Floyd County officers from a fee to a salary system, so as to authorize an additional deputy sheriff for $385.00 per month; and for other purposes.
Referred to the Committee on Local Affairs.
HB 343. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Troup County, so as to provide that the Judge may require sureties on personal appearance bonds; and for other purposes.
Referred to the Committee on Local Affairs.
HB 344. By Messrs. Murphy of Haralson, Morgan of Newton, Ballard of New ton, Lowrey of Floyd and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act, so as to provide that after April 1, 1963, The Georgia Industrial Loan Commissioner shall not issue any additional licenses to persons engaged in the business of making loans of $2,500.00 or less; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 345. By Messrs. Lowrey of Floyd, Causby of Gordon, Hale of Dade, Murphy of Haralson, Mitchell of Whitfield and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of Superior Courts, Emeritus, so as to delete therefrom the pro vision requiring county to pay Judge Emeritus any additional com pensation other than that received from the State; and for other pur poses.
Referred to the Committee on Appropriations.
HB 346. By Messrs. Richardson and Shea of Chatham:
A Bill to be entitled an Act to be known as the Savannah District Authority Act of 1963; and for other purposes.
Referred to the Committee on Local Affairs.
542
JOURNAL OF THE HOUSE,
HR 134-346. By Messrs. McClelland and Etheridge of Fulton:
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.
Referred to the Committee on Local Affairs.
HR 135-346. By Messrs. Richardson and Shea of Chatham:
A Resolution proposing an amendment to the Constitution creating a body corporate and politic to be known as the "Savannah District Authority"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 347. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, so as to provide for a Clerk of said Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Stalnaker of Houston, Bell of Richmond, Towson of Laurens and many others:
A Bill to be entitled an Act to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes.
Referred to the Committee on Industry.
HB 349. By Mr. Johnson of Warren:
A Bill to be entitled an Act to place the Sheriff of the Superior Court of Warren County on a salary in lieu of the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 350. By Mr. Johnson of Warren:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Warren County on a salary in lieu of a fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 351. By Mr. Johnson of Warren:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the Ordinary of Warren County, so as to place the com pensation of the Ordinary of Warren County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 19, 1963
543
HB 352. By Mr. Lee of Clinch:
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 the State of Georgia; and for other purposes.
Referred to the Committee on Industry.
HB 353. By Messrs. Spikes 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 provide for a Board of City Regis trars; and for other purposes.
Referred to the Committee on Local Affairs.
HB 354. By Messrs. Matthews and Bedgood of Clarke, Smith of Habersham and Wells of Oconee:
A Bill to be entitled an Act to amend an Act relating to the larceny of motor vehicles and punishment therefor; and for other purposes.
Referred to the Committee on Judiciary.
HB 355. By Mr. Melton of Spalding:
A Bill to be entitled an Act to provide an appropriation for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor; and for other purposes.
Referred to the Committee on Appropriations.
HR 137-355. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Resolution creating the "Constitution Revision Commission"; and for other purposes.
Referred to the Committee on State of Republic.
HB 356. By Messrs. McClelland, Etheridge and Brooks of Pulton:
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 of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 357. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vienna, so as to empower its governing authorities to prescribe by ordinance the assessment of ad valorem tax on all classes of property; and for other purposes.
Referred to the Committee on Local Affairs.
544
JOURNAL OP THE HOUSE,
HB 358. By Messrs. McClelland and Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act to fix the salary of the Judges of the Juvenile Courts in counties having a population of more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 359. By Messrs. Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to fix the compensation of Ordinaries in counties having a population of 500,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
HB 360. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act relating to the salaries of the Judges and Solicitor Generals of the Criminal Court of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 361. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to repeal certain laws relating to duties of Clerks of Superior Courts and compensation paid for such duties; and for other purposes.
Referred to the Committee on Local Affairs.
HB 362. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to repeal an Act providing for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 363. By Messrs. Ponsell and Dixon of Ware:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Ware; 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 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill, Williams of Hall, Brown of Hart, Johnson of Elbert, Milford of Franklin and others:
A Bill to be entitled an Act to amend an Act known as the Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gasoline used on navigable waters; and for other purposes.
TUESDAY, FEBRUARY 19, 1963
545
HB 321. By Messrs. Dorminy of Ben Hill, Chandler of Baldwin, Milhollin of Coffee and Mixon of Irwin:
A Bill to be entitled an Act to amend an Act consolidating, superseding and revising the Game and Fish Laws of the State of Georgia, so as to provide that it shall be unlawful for any person to possess any trap or device capable of catching, holding or capturing quail without a permit from the Commission; and for other purposes.
HB 322. By Mr. Simpson of Wheeler:
A Bill to be entitled an Act to amend an Act creating the State Board of Registration for Foresters and defining its powers and duties; and for other purposes.
HB 323. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act relating to the Public Assistance Programs administered by the State Department of Public Welfare to provide for relieving the various counties of financial par ticipation in the medical care programs administered by the State De partment of Public Welfare under the Public Assistance programs; and for other purposes.
HB 324. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Aid to the Disabled Act' so as to relieve the various counties of financial par ticipation in the medical care benefits paid pursuant to said Act; and for other purposes.
HB 325. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act relating to the Public Assistance Programs administered by the State Department of Public Welfare so as to provide for the inclusion in the definition of "Assist ance", medical care in behalf of or any type of remedial care recognized under State law in behalf of recipients eligible for assistance under the hereinafter cited Acts; and for other purposes.
HB 326. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child" and so as to change the definition of the term "Assistance" and to define the term "Foster Family Home"; and for other purposes.
HR 126-326. By Mr. Anderson of Pulaski:
A Resolution compensating Pete Pettey and Sam Pettey; and for other purposes.
546
JOURNAL OF THE HOUSE,
HR 127-326. By Mr. Lindsey of Wilkes: A Resolution compensating Oley P. Cleveland; and for other purposes.
HB 327. By Messrs. Conger and Griffin of Decatur:
A Bill to be entitled an Act to amend an Act creating the Georgia Fac tory for the Blind, so as to provide that workers in said factory shall receive and observe all State holidays with pay; and for other purposes..
HB 328. By Messrs. Gibbons and Walker of Lowndes:
A Bill to be entitled an Act to provide a method for the registration of voters and for their examination in counties having a population of not more than 49,300 and not less than 49,200; and for other purposes.
HB 329. By Messrs. Pope and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Cherokee, so as to change the compensation of the Clerk; and for other purposes.
HB 330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act providing for the holding of Bar Examinations, so as to authorize the Justices of the Supreme Court to fix the dates for holding two examinations each calendar year; and for other purposes.
HR 132-330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify the Executive Order of the Governor dated March 9, 1962, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Sec. 179 of the Federal Internal Revenue Code of 1954 on returns until next meeting of the General Assembly; and for other purposes.
HR 133-330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify the Executive Order of the Governor suspending collection of income tax attributable to the inclusion of amounts received as subsistence allowances; and for other purposes.
HB 331. By Messrs. Echols of Upson, Paris of Barrow, Story of Gwinnett and Smith of Habersham:
A Bill to be entitled an Act to amend an Act regulating malt beverages, so as to provide that the presence of 864 fluid oz. of malt beverages
TUESDAY, FEBRUARY 19, 1963
547
shall be prima-facie evidence of possession of such beverages for pur poses of sale; and for other purposes.
HB 332. By Messrs. Echols of Upson, Paris of Barrow, Story of Gwinnett and Smith of Habersham:
A Bill to be entitled an Act to amend an Act relating to license and excise taxes upon business of dealing in malt beverages, so as to pro vide the procedure to determine whether or not malt beverages shall be sold in a county; and for other purposes.
HB 333. By Mr. Mullis of Bleckley:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Bleckley County into the one office of Tax Com missioner of Bleckley County; and for other purposes.
HB 334. By Mr. Mullis of Bleckley:
A Bill to be entitled an Act to amend an Act relating to the salaries of county officers of Bleckley County, so as to change the compensation of the Ordinary of Bleckley County; and for other purposes.
HB 335. By Mr. Mullis of Bleckley:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Bleckley County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
SB 11. By Senator Jackson of the 16th:
A Bill to be entitled an Act to provide for the mandatory closing of certain commercial business establishments on Sunday; to allow certain others to remain open; to provide for local county option; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 316. Do Pass as Amended. Respectfully, submitted,
Blalock of Coweta,
Chairman.
548
JOURNAL OF THE HOUSE,
Mr. Melton of Spalding County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education 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 112. Do Pass as Amended.
HB 254. Do Pass.
SB 7. Do Pass.
SB 8. Do Pass.
Respectfully, submitted, Melton of Spalding, 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 259. Do Pass.
HB 279. Do Pass.
Respectfully, submitted, Ballard of Newton, Chairman.
Mr. Murphy of Haralson 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 225. Do Pass.
HB 142. Do Pass.
HB 289. Do Pass.
HB 226. Do Pass.
Respectfully, submitted, Murphy of Haralson, Chairman.
TUESDAY, FEBRUARY 19, 1963
549
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 107. Do Pass. HB 117. Do Pass. HB 208. Do Pass. HB 306. Do Pass. HB 60. Do Not Pass. HB 206. Do Not Pass. HB 17. Do Pass. HB 35. Do Pass.
Respectfully, submitted, Busbee of Dougherty, Chairman.
Mr. Hale of Dade 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 181. Do Pass. HB 233. Do Pass. HB 239. Do Pass. HB 240. Do Pass. HB 242. Do Pass. HB 243. Do Pass. HB 244. Do Pass. HB 245. Do Pass. HB 249. Do Pass. HB 250. Do Pass. HB 253. Do Pass.
550
JOURNAL OF THE HOUSE,
HB 256. Do Pass. HB 258. Do Pass. HB 260. Do Pass. HB 263. Do Pass. HB 264. Do Pass. HB 268. Do Pass. HB 273. Do Pass. HB 274. Do Pass. HB 275. Do Pass. HB 278. Do Pass. HB 284. ' Do Pass. HB 285. Do Pass. HB 286. Do Pass. HB 287. Do Pass. HB 292. Do Pass. HB 293. Do Pass. HB 294. Do Pass. HB 295. Do Pass. HB 303. Do Pass. HB 318. Do Pass. HB 319. Do Pass. HR 85-157. Do Pass. HR 111-267. Do Pass. HR 112-267. Do Pass. HR 113-267. Do Pass. HR 115-272. Do Pass. HR 118-295. Do Pass.
Respectfully, submitted, Hale of Dade, Chairman.
Mr. Ware of Troup County, Chairman of the Committee on State of Re public, has submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol-
TUESDAY, FEBRUARY 19, 1963
551
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 190. Do Pass. HB 280. Do Pass. HB 281. Do Pass. HB 282. Do Pass. HB 283. Do Pass. HR 106-254. Do Pass.
Respectfully, submitted, Ware of Troup, Chairman.
Mr. Paris of Barrow County, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance 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 331. Do Pass. HB 332. Do Pass.
Respectfully, submitted, Paris of Barrow, 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 follow ing Bills and Resolutions of the House to wit:
HB 96. By Mr. Towson of Laurens:
A Bill to amend an Act relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give the State and County, so as to provide that the bond required on behalf of the county shall not exceed $50,000.00; and for other purposes.
552
JOURNAL OF THE HOUSE,
HB 98. By Mr. Lambert of Morgan:
A Bill to change the compensation of the Coroner of Morgan County from a fee to a salary system; and for other purposes.
HB 99. By Mr. Lambert of Morgan:
A Bill to amend an Act creating a new charter for the City of Madison, so as to change the compensation of the mayor and aldermen 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 by the requisite constitution majority the following Bills and Resolutions of the House to wit:
HB 83. By Messrs. Greene and Cullens of Bartow:
A Bill to amend an Act to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide that two automobiles and equipment be furnished the Sheriff's office; and for other purposes.
HB 89. By Mr. Warren of Wayne:
A Bill to amend an Act creating the office of Clerk of the Board of Commissioners of roads and revenues for Wayne County, so as to pro vide that the Clerk shall be appointed by the county administrator; and for other purposes.
HB 90. By Mr. Warren of Wayne:
A Bill to create and establish the Jesup-Wayne County Airport Au thority and to authorize such Authority to acquire, construct, equip, own, and improve airports and landing fields; and for other purposes.
HB 91. By Mr. Warren of Wayne:
A Bill to amend an Act to place the compensation of the Sheriff and Clerk of Wayne County on a salary basis; and for other purposes.
HB 92. By Messrs. Lowrey and Jordan of Floyd:
A Bill to provide for a supplement to the salary of the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
TUESDAY, FEBRUARY 19, 1963
553
HB 94. By Messrs. Killian and Isenberg of Glynn:
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 Brunswick shall not be affected by certain provisions; 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 74. By Mr. Tabb of Miller:
A Bill to amend an Act establishing a city court in and for the County of Miller, so as to increase the salary for the city judge; and for other purposes.
HB 78. By Messrs. Greene and Cullens of Bartow:
A Bill to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to provide for a change in compensation for Sheriff's deputies; and for other purposes.
HB 79. By Messrs. Greene and Cullens of Bartow:
A Bill to amend an Act to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court of such county, so as to change compensation of deputy clerk of Superior Court; and for other purposes.
HB 80. By Messrs. Greene and Cullens of Bartow:
A Bill to change from the fee to the salary system in Bartow County, the Sheriff, the Clerk of the Superior Court and the Ordinary of such county, so as to change the compensation received by the Ordinary for clerical help; and for other purposes.
HB 81. By Messrs. Greene and Cullens of Bartow:
A Bill to amend an Act creating the Office of Commissioner of Roads and Revenues of Bartow County, so as to change the compensation received by the Commissioner for clerical help; and for other purposes.
554
JOURNAL OF THE HOUSE,
HB 82. By Messrs. Greene and Cullens of Bartow:
A Bill to amend an Act to consolidate offices of Tax Receiver and Tax Collector of Bartow County into the office of Tax Commissioner of Bartow County; 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 20. By Mescsrs. Pope and Coker of Cherokee:
A Bill to amend the Charter of the City of Woodstock; to permit sale of water outside the city limits; and for other purposes.
HB 21. By Messrs. Coker and Pope of Cherokee:
A Bill to increase the corporate limits of the City of Canton; and for other purposes.
HB 22. By Messrs. Coker and Pope of Cherokee:
A Bill to increase the corporate limits of the City of Canton; to pro vide a referendum; and for other purposes.
HB 25. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta so as to provide that the City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any personal property, other than motor vehicles, removed from the sidewalks and streets in the City of Atlanta; and for other pur poses.
HB 26. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta relating to water mains in the City of East Point; and for other purposes.
HB 27. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to sewers laid down or constructed through or over any private property; and for other purposes.
TUESDAY, FEBRUARY 19, 1963
555
HB 18. By Mr. Twitty of Mitchell:
A Bill to amend an Act creating a small claims Court in certain coun ties, in order to provide for the procedure and practice in garnishments, in issuing executions from said Court; 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 19. By Messrs. Newton and Matthews of Colquitt:
A Bill to amend an Act relating to the incorporation of the City of Moultrie, so as to change the millage rate on all taxable property for school purposes; and for other purposes.
HB 34. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of At lanta, relating to insurance on all employees; and for other purposes.
HB 36. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to business or occupation license fees; and for other purposes.
HB 46. By Mr. Jordan of Calhoun:
A Bill to change the terms of the Superior Court of Calhoun County; and for other purposes.
HB 62. By Mr. Rainey of Crisp:
A Bill to amend an Act relating to fees paid coroners, so as to change the compensation of coroners in certain counties having a population of not less than 17,650 and not more than 17,800; and for other pur poses.
HB 67. By Messrs. Ponsell and Dixon of Ware:
A Bill to amend an Act to provide and establish a new charter for the City of Waycross, so as to change the City limits of the City of Waycross; and for other purposes.
556
JOURNAL OF THE HOUSE,
HB 71. By Mr. Dorminy of Ben Hill:
A Bill to amend an Act amending and revising the Charter for the City of Fitzgerald; and for other purposes.
HB 72. By Mr. Dorminy of Ben Hill:
A Bill to create the Fitzgerald and Ben Hill County Development Au thority; 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 45. By Senators Zorn of the 6th, McKinnon of the 7th and others:
A Bill to amend Code Sec. 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerk to collect recording fees in advance; and for other purposes.
SB 46. By Senators Zorn of the 6th, McKinnon of the 7th and others:
A Bill to amend Code Section 24-2729, relating to awarding judgment for costs for transmitting a transcript of a record to appellate courts, so as to require appellant to pay in advance; and for other purposes.
SR 21. By Senators Wesberry of the 37th, Salome of the 36 and others:
A Resolution proposing an amendment to Article XI of the Constitu tion of the State of Georgia.
SR 22. By Senators Wesberry of the 37th, Salome of the 36th and others:
A Resolution proposing an amendment to the Article XI of the Con stitution of the State of Georgia.
SR 41. By Senator Downing of the 1st:
A Resolution relating to 52nd Street extended in Chatham County; and for other purposes.
SR 34. By Senators Brown of the 34th, Wesberry of the 37th and others:
A Resolution providing for the extension of time within which the election study commission created by Res. 261 of the 1962 session of the General Assembly shall make a report of its findings and recom mendations.
TUESDAY, FEBRUARY 19, 1963
557
The Senate disagrees to the House amendment to the following Bill of the Senate :
SB 12. By Senators Pannell of the 54th, and Jackson of the 16th:
A Bill to create the North Georgia Mountains Authority as a body corporate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its members; 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 14. By Senator Phillips of the 27th:
A Bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954 (Ga. Laws 1953 Nov.-Dec. Session, p. 556), as amended, so as to provide for the inspection of motor ve hicles ; and for other purposes.
SB 16. By Senator Broun of the 46th:
A Bill to amend an Act entitled "An Act to amend the charter of the town of Athens," approved Aug. 24, 1872 (Ga. Laws 1872, p. 127), as amended, particularly by an Act approved Aug. 16, 1915 (Ga. Laws 1915, p. 476), to repeal conflicting laws; and for other purposes.
SB 3. By Senator Kidd of the 25th:
A Bill to amend an Act known as the "Aid to Dependent Children Act" approved Feb. 26, 1937 (Ga. Laws 1937, p. 630), as amended, so as to change the definition of the term "Dependent Child"; and for other purposes.
SB 33. By Senators Phillips of the 27th, Smalley of the 28th and others:
A Bill to make it unlawful for any person to post or cause to be posted in any manner any type of banner, placard, poster or other advertisement on the roads or streets; 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:
558
JOURNAL OF THE HOUSE,
SB 13. By Senators Johnson of the 38th, Wesberry of the 37th and others:
A Bill to designate as depositories for public and trust funds the Treasury in all counties of Georgia having a population of 500,000 or more according to the last U. S. census or any future census; and for other purposes.
SB 17. By Senator Downing of the 1st:
A Bill to fix the compensation of the Judges of the Municipal Court of Savannah; and for other purposes.
SB 26. By Senator Phillips of the 27th:
A Bill to amend an Act creating a Department of Public Safety, ap proved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide that drivers of school buses must obtain a chauffeur's license; and for other purposes.
SB 27. By Senators Carter of the 14th and Pennington of the 45th:
A Bill to regulate the registration, labeling, analysis, sale and applica tion of agricultural limestone; and for other purposes.
SB 29. By Senators Brown of the 34th, Wesberry of the 37th and others:
A Bill to amend an Act entitled, "An Act to establish a method for providing garbage disposal systems in the unincorporated portions of Pulton County; and for other purposes.
SB 30. By Senator Webb of the llth:
A Bill to amend an Act creating a new charter for the City of Donalsonville in Seminole County, approved August 20, 1906, (Ga. Laws 1906, p. 682), as amended, so as to change the compensation of the mayor and aldermen of said city; and for other purposes.
SB 38. By Senators Johnson of the 42nd, McWhorter of the 43rd and others:
A Bill to amend an Act creating and establishing a new charter and municipal government for the City of Decatur, and the several acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur, by the incorporation of additional and contiguous territory therein; and for other purposes.
The 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:
TUESDAY, FEBRUARY 19, 1963
559
HB 23. By Mr. Sinclair of Macon:
A Bill to change the Charter of the City of Montezuma; and for other purposes.
HB 47. By Messrs. Walker and Gibbons of Lowndes:
A Bill to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purpose of collecting tax fi. fas. which are issued by tax commissioners; and for other purposes.
HB 49. By Mr. Watts of Talbot:
A Bill to amend an Act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into 3 election districts; and for other purposes.
HB 55. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to create The Steamship "Savannah" Commisssion, a body cor porate and politic and public corporation of the State; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read and referred to the Committees:
SB 3. By Senator Kidd of the 26th: A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child"; and for other purposes.
Referred to the Committee on Welfare.
SB 13. By Senators Johnson of the 38th, Wesberry of the 37th and others: A Bill to be entitled an Act to designate as depositories for public and trust funds the Treasury in all counties of Georgia having a popula tion of 500,000 or more according to the last U. S. census or any future census; and for other purposes.
Referred to the Committee on Local Affairs.
SB 14. By Senator Phillips of the 27th: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide for the inspection of motor vehicles; and for other purposes.
Referred to the Committee on Highways.
560
JOURNAL OF THE HOUSE,
SB 16. By Senator Broun of the 46th:
A Bill to he entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens; and for other purposes.
Referred to the Committee on Local Affairs.
SB 17. By Senator Downing of the 1st:
A Bill to be entitled an Act to fix the compensation of the Judges of the Municipal Court of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.
SR 21. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.
Referred to the Committee on Local Affairs.
SR 22. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A Resolution proposing an amendment to Article XI of the Constitu tion of the State of Georgia.
Referred to the Committee on Local Affairs.
SB 26. By Senator Phillips of the 27th: A Bill to be entitled an Act creating a Department of Public Safety, so as to provide that drivers of school buses must obtain a chauffeur's license; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 27. By Senators Carter of the 14th and Pennington of the 45th: A Bill to be entitled an Act to regulate the registration, labeling, analysis, sale and application of agricultural limestone; and for other purposes.
Referred to the Committee on Agriculture.
SB 29. By Senators Brown of the 34th, Wesberry of the 37th, Johnson of the 38, Mclntyre of the 40th and others: A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a method for providing garbage disposal systems in the unincor porated portions of Fulton County . . . and for other purposes."
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 19, 1963
661
SB 30. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville, so as to change the compensation of the mayor and aldermen; and for other purposes.
Referred to the Committee on Local Affairs.
SB 33. By Senators Phillips of the 27th, Smalley of the 28th and Carlton of the 21st:
A Bill to be entitled an Act to make it unlawful for any person to post or cause to be posted in any manner any type of banner, placard, poster, or other advertisement on the roads or streets; and for other purposes.
Referred to the Committee on Highways.
SR 34. By Senators Brown of the 34th, Wesberry of the 37th and others:
A Resolution providing for the extension of time within which the election study commission created by Res. No. 261 of the 1962 General Assembly shall make a report of its findings and recommendations.
Referred to the Committee on Special Judiciary.
SB 38. By Senators Johnson of the 42nd, McWhorter of the 43rd and Conway of the 41st:
A Bill to be entitled an Act to amend an Act creating and establishing a new Charter and municipal government for the City of Decatur, so as to change, enlarge and extend the corporate limits, by the incor poration of additional and contiguous territory; and for other purposes.
Referred to the Committee on Local Affairs.
SR 41. By Senator Downing of the 1st:
A Resolution relating to the 52nd Street Extended in Chatham County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 45. By Senators Zorn of the 6th, McKinnon of the 7th and others:
A Bill to be entitled an Act to amend Code Section 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerks to collect recording fees in advance; and for other purposes.
Referred to the Committee on Judiciary.
SB 46. By Senators Zorn of the 6th, McKinnon of the 7th, Webb of the llth, Yancey of the 33rd and Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Section 24-2729, relating to awarding judgment for costs for transmitting a transcript of a record
562
JOURNAL OF THE HOUSE,
to appellate courts so as to require appellant to pay in advance; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 181. By Mr. Bynum of Rabun: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, so as to provide a clerk for 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 233. By Mr. Reaves of Brooks: A Bill to be entitled an Act creating a Small Claims Court in certain counties having a population of not less than 15,230 and not more than 15,825; and for other purposes.
The report 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 239. By Mr. Bowen of Toombs: A Bill to be entitled an Act to amend an Act incorporating the City of Lyons; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 19, 1963
563
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 240. By Mr. Bowen of Toombs:
A Bill to be entitled an Act to amend an Act incorporating the City of Lyons, 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 242. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Avera; and for other purposes.
The report 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 243. By Mr. Deen of Bacon: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Bacon County, to provide for dividing said county into commission districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
564
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 244. By Messrs. Flournoy, Teague and Wilson of Cobb: A Bill to be entitled an Act to create the Cobb County Planning De-' partment; to provide for a planning engineer; and for other purposes.
The report 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 245. By Messrs. Shea, Funk and Richardson of Chatham: A Bill to be entitled an Act to amend an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, so as to provide that the mayor of the City of Savannah shall be the only ex-officio member of the Armstrong Junior College 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 249. By Mr. Tabb of Miller: A Bill to be entitled an Act to amend an Act incorporating the City 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 ayes1 were 112, nays 0.
TUESDAY, FEBRUARY 19, 1963
565
The Bill, having received the requisite constitutional majority, was passed.
HB 250. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, so as to provide for a change in the compensation of the Ordinary of Clayton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 253. By Messrs. Matthews and Bedgood 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 or Mayor Pro Tern., and any six Aldermen shall constitute a quorum for the trans action of any business before the City Council; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 256. By Messrs. Pickard, Jones and Dicus of Muscogee: A Bill to be entitled an Act to authorize certain cities to become self insurers; to limit the amounts and coverages of self insurance; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
566
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 258. By Messrs. Pickard, Jones and Dicus 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.
The report 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 260. By Mr. Perry of Evans: A Bill to be entitled an Act to amend an Act authorizing and directing the proper authorities of the County of Evans having charge of the fiscal affairs of said County to pay the Ordinary of Evans County a monthly allowance in addition to the fees and compensation now al lowed; and for other purposes.
The report 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 263. By Messrs. Payton and Blalock of Coweta: A Bill to be entitled an Act to amend an Act changing the compensa tion of the Sheriff, the Ordinary and the Clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the Ordinary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
TUESDAY, FEBRUARY 19, 1963
567
The Bill, having received the requisite constitutional majority, was. passed.
HB 264. By Messrs. Payton and Blalock 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 increase the compensation of the Mayor and members of the Board of Aldermen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 268. By Messrs. Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to regulate the manner in which the Judges of the Superior Court of the Atlanta Judicial Circuit shall dispose of the business of said court; to provide for the selection and removal of a Chief Judge of said Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 273. By Mr. Sinclair of Macon: A Bill to be entitled an Act to amend an Act establishing a City Court of Oglethorpe, in the County of Macon, so as to increase the salary of the Judge of the City Court from $2,400.00 per annum to $3,600.00 per annum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
568
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 274. By Messrs. Echols and Caldwell of Upson: A Bill to be entitled an Act creating a new charter for 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 275. By Messrs. Echols and Caldwell 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 for other purposes.
The report 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 278. By Messrs. Harris, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, so as to authorize the Mayor and Council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 19, 1963
569
HB 284. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to place the Sheriff of the Superior Court of Newton County on a salary in lieu of the fee system; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 285. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commis sioner of Newton 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 286. By Messrs. Coker and Pope of Cherokee:
A Bill to be entitled an Act to amend an Act establishing a salary system for the Sheriff, the Clerk of the Superior Court, the Tax Com missioner and Ordinary of Cherokee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
570
JOURNAL OP THE HOUSE,
HB 287. By Mr. Brantley of Candler:
A Bill to be entitled an Act to amend an Act to provide for the creation of a Board of Roads and Revenues Commissioners in and for the County of Candler; and for other purposes.
The report 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 292. By Mr. Tucker of Burke: A Bill to be entitled an Act to create the Burke County 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 293. By Mr. Jones of Worth: A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 294. By Messrs. Bell, Fleming and Hull of Richmond: A Bill to be entitled an Act providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.
TUESDAY, FEBRUARY 19, 1963
571
The report 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 295. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, so as to enlarge 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 303. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 318. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Education, so as to provide additional pension benefits to certain former teachers and employees; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
572
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 319. By Messrs. McClelland and Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioner of Roads and Revenues for Pulton County to establish rules and regulations governing the payment of pensions to County employees, so as to provide additional pension benefits to certain former officers and 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 42-107. By Mr. Dean of Polk:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Rockmart 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 GEOR GIA:
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 'Rockmart 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 ter ritory embraced within a radius of seven (7) miles as measured from the center of the City of Rockmart. The City may contract with the Authority as a public corporation as provided by the Con stitution of Georgia.
"The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by
TUESDAY, FEBRUARY 19, 1963
573
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. 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 Rockmart.
"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 au thorized in any manner to create a debt as against the State of Georgia or the City of Rockmart. 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 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 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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JOURNAL OP THE HOUSE,
"For ratification of amendment to the Constitution so as to create the Rockmart Development Authority.
"Against ratification of amendment to the Constitution so as to create the Rockmart 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 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 Acree Alien Andersen Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd
Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas
Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun
TUESDAY, FEBRUARY 19, 1963
575
Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett
Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt
Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shuman
Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor
Vaughn Waldrop Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordan of Floyd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175 nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
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JOURNAL OF THE HOUSE,
HR 58-130. By Mr. Brown of Hart:
A RESOLUTION
Proposing- an amendment to the Constitution so as to create the Hart 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 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 Hart County to be known as the Hart County Industrial Building Authority, which shall be an instrumentality of Hart 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, one of whom shall be the Chairman of the Board of Finance of Hart County; one of whom shall be the Mayor of the City of Hartwell; one of whom shall be the President of the Chamber of Commerce of Hart County, or its successor and two of whom shall be ap pointed by the three other members first above mentioned.
"(1) The terms of office of the members who are the Chair man of the Board of Finance of Hart County, the Mayor of the City of Hartwell and the President of the Chamber of Commerce of Hart County or its successor shall run concurrently with their respec tive tenures of such offices in said bodies, and their respective suc cessors in such offices shall succeed them as members of the said Authority.
"(2) The two members initially appointed by the three other members first above mentioned shall be appointed for terms of five years. The respective successors of said two members shall be ap pointed for terms of five years and the said two members shall be eligible for reappointment. In the event of the death or resignation of either one of said appointed members, the successor shall be ap pointed by the remaining members for the balance of the unexpired term. 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 Hart County.
"D. The powers of the Authority shall include, but not be limited to the power:
TUESDAY, FEBRUARY 19, 1963
577
"(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 develop ment of industrial and commercial facilities in Hart 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 Hart 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 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 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
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JOURNAL OF THE HOUSE,
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 Hart 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. L. 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 Hart County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Hart 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 the under taking for which the bonds are to be issued will increase employ ment in Hart County.
"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 Hart
TUESDAY, FEBRUARY 19, 1963
579
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 Hart 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.
"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 Hart 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 Hart Industrial Building Authority.
"Against ratification of amendment to the Constitution so as to create the Hart 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 Hart 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
580
JOURNAL OF THE HOUSE,
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus
Dixon Dorminy Duncan of Pannin Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian
King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke . Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom
TUESDAY, FEBRUARY 19, 1963
581
Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers
Roper Rowland Russell Sangster Sewell Shaw Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb
Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toomb Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordan of Floyd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 85-157. By Mr. McDonald of White:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the election of members of the Board of Education of White County by the people; to provide their qualifications; to provide their terms of office; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
582
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
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 White County shall be composed of five (5) members, of which one shall be Chairman, to be elected by the voters of the entire county. For the purpose of electing such members, White County is hereby divided into four (4) Edu cation Districts. Education District No. 1 shall be composed of all the area within Militia District No. 861 (Mount Yonah). Education District No. 2 shall be composed of all the area within Militia Dis tricts No. 1441 (White Creek) and 426 (Mossy Creek). Education District No. 3 shall be composed of all the area within Militia Dis trict No. 721 (Blue Creek) and 427 (Nacoochee) and 1497 (Chattahoochee). Education District No. 4 shall be composed of all the area within Militia Districts No. 558 (Tesnatee) and 1439 (Blue Ridge) and 836 (Town Creek) and 862 (Shoal Creek).
One member from each of the four (4) 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 White County for twelve (12) months, and who has not been a resi dent of the district in which he or she qualifies for at least six (6) months immediately preceding the date of his election to such board. The Chairman of the Board may be a resident of any of the militia districts in said county but shall have been a resident of White County for twelve 12) months immediately preceding the date of his or her election to such board.
Not later than ten (10) days after the ratification of this amendment it shall be the duty of the Ordinary of White County to issue the call for an election for the purpose of electing the members of the Board of Education of White County. The day of such election shall be set for a day not less than thirty (30) nor more than forty-five (45) 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 at least once immediately pre ceding the date thereof in the official organ of White County. A person offering to run for the office of Chairman of the Board shall so designate he is running for said office at the time he qualifies. The Chairman of the Board shall serve for a term of four (4) years; the two members receiving the largest number of votes shall serve for a term of four (4) years and the remaining two members shall serve for a term of two (2) years. Members
TUESDAY, FEBRUARY 19, 1963
583
elected at such election shall take office January 1, 1965, and their term of office shall expire on December 31st of the last year of their respective terms. The successors to such members shall be elected for a term of four (4) years and shall be elected at the same time elections are held to fill vacancies in other State and county offices.
Any vacancy which occurs on the Board within 45 days of the next general election, or if the term of office in which such vacancy occurs shall expire within 60 days after the next general election, shall be filled by the Board by appointing a successor to serve out the remainder of the unexpired term. Vacancies occurring at other times shall be filled by the Board by appointing a successor to serve until the next general election, at which time the vacancy shall be filled by an election to be conducted as herein provided, and the successor so elected shall serve out the remainder of the unexpired term.
The Board of Education of White County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1964, and the term of office of the members of such Board shall expire on such date.
The Board created hereunder shall be successor to such abol ished Board and shall be vested with the rights, powers, duties, and authority possessed by such other Board."
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 White County by the people; to provide their qualifications; to pro vide their terms of office; to provide the procedure connected therewith.
"Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of White County by the people; to provide their qualifications; to provide their terms of office; 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
584
JOURNAL OF THE HOUSE,
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner
Cullens Davis Dean of Polk Been of Bacon DeVane Dicus Dixon Dorminy Duncan of Pannin Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston
Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland
TUESDAY, FEBRUARY 19, 1963
585
McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson
Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow
Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordan of Floyd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 102-230. By Mr. Smith of Telfair:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that Telfair County officers shall be ineligible to hold office under certain
586
JOURNAL OF THE HOUSE,
conditions; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph I of the Constitution is herebyamended by adding at the end thereof the following:
"The county officers of Telfair County shall not be eligible to succeed themselves after having served two successive terms in office, nor shall any such officer who is ineligible to succeed him self be eligible to hold any other elective county office without a four year period following the date of the expiration of his second successive term. This amendment shall not apply to any terms of office served prior to the year 1965, and for the purposes of deter mining ineligibility, only those successive terms in office com mencing with those terms which begin in 1965 shall be counted."
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 Telfair County officers shall be ineligible to succeed themselves after serving two successive terms.
"Against ratification of amendment to the Constitution so as to provide that Telfair County officers shall be ineligible to succeed themselves after serving two successive terms."
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.
TUESDAY, FEBRUARY 19, 1963
587
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge
Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis
Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes
588
JOURNAL OF THE HOUSE,
Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shuman Simpson Sinclair Smith of Porsyth Smith of Telfair Smith of Emanuel
Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor
Vaughn Waldrop Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordan of Floyd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 111-267. By Messrs. Lee and Blalock of Clayton:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Clayton County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
TUESDAY, FEBRUARY 19, 1963
589
"The governing authority of Clayton County shall have the right and power for regulatory purposes to levy, assess, and collect a nominal license fee from any persons, firms or corporations, ex cept those subject to regulation by the State Public Service Com mission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Clayton County outside the incorporated limits of municipalities. To provide for public welfare, health and security of the people of Clayton County, the governing authority shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said County, except those subject to regu lation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the governing authority 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 may at any time modify, alter, restrict and limit the powers herein granted, and may at any time prescribe the manner and means by which the powers may be exer cised 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 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 authorize the licensing and regulation of businesses in the unin corporated areas of Clayton County.
"Against ratification of amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unin corporated areas of Clayton 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 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.
590
JOURNAL OP 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 Acree Alien Anderson Andrews Arnsdorff Bag-by Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming
Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan
Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers
TUESDAY, FEBRUARY 19, 1963
591
Roper Rowland Russell Sangster Sewell Shaw Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn
Waldrop Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordan of Floyd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 112-267. By Messrs. Lee and Blalock of Clayton:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia, so as to authorize the creation of a Civil Service System for all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Clayton 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
That Article VII, Section IV, Paragraph I of the Constitution of
592
JOURNAL OP THE HOUSE,
Georgia of 1945 be and the same is hereby amended by adding at the end of said Paragraph the following language:
"The General Assembly shall have the authority, however, to enact laws creating a Civil Service System for all those persons, other than officials elected by the people, whose wages or salaries are paid in whole or in part out of the funds of Clayton 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 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 a Civil Service System for all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Clayton County.
"Against ratification of amendment to the Constitution so as to create a Civil Service System for all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Clayton 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.
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:
TUESDAY, FEBRUARY 19, 1963
593
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr
Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin
Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Dogulas
Fowler of Treutlen Funk Gibbons Greene Griffin
Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens
Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke
Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford
Milhollin Mitchell Mixon Moate Moore
Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes
Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel
Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story
Stuckey Tabb Todd Towson Tucker of Catoosa
594
JOURNAL OF THE HOUSE,
Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Ware
Warren Watson Watts Wells of Oconee Wells of Camden White
Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordan of Ployd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 113-267. By Messrs. Lee and Blalock of Clayton:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the General Assembly to empower the governing authority of Clayton County, Georgia to enact ordinances for the polic ing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to pro vide penalties for violation of such ordinances; to provide for the sub mission of this amendment for ratification or rejection at the next general election; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Article VI, Section I of the Constitution is hereby amended by add ing at the end thereof the following:
"The General Assembly of the State of Georgia is hereby au thorized to empower the governing authority of Clayton County
TUESDAY, FEBRUARY 19, 1963
595
to adopt ordinances or regulations for the governing and policing of said County for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforce ment of all duties and powers now or hereafter vested in said gov erning authority of Clayton County, and to provide penalties for violations of such ordinances."
SECTION 2
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with "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 adoption of ordinances for the policing of Clayton County and the enforcement of such ordinances.
"Against ratification of amendment to the Constitution so as to provide for the adoption of ordinances for the policing of Clayton County and the enforcement of such 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:
596
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Da vis Dean of Polk Deen of Bacon DeVane Dicus
Dixon Dorminy Duncan of Pannin Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin
Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey
Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore
Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope
Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shuman Simpson Sinclair
Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis
Story Stuckey Tabb Todd Towson Tucker of Catoosa
TUESDAY, FEBRUARY 19, 1963
597
Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Ware
Warren Watson Watts Wells of Oconee Wells of Camden White
Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toomb Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordon of Floyd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 115-272. By Mr. Conner of Jeff Davis:
A RESOLUTION
Proposing to the qualified voters of Jeff Davis County, an amend ment to Article VII, Section I, Paragraph IV, of the Constitution of the State of Georgia incorporated in the Code of Georgia, 1933, as Sec tion 2-5404, for the purpose of encouraging the industrial growth and expansion of Jeff Davis County and the several municipalities and/or political subdivisions of the State located in Jeff Davis County, by authorizing the governing bodies of Jeff Davis County and each of said political subdivisions located in Jeff Davis County to exempt from ad valorem taxation, the capital improvements of new industries and businesses for either a period of ten (10) years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid by such industries and businesses to the State of Georgia on their capital improvements; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That Article VII, Section I, Paragraph IV, of the Constitution of the State of Georgia and incorporated in the Code of the State of Geor gia, 1933 as Code Section 2-5404, be and the same is hereby amended
598
JOURNAL OF THE HOUSE,
by adding at the end thereof, the following paragraph to he known as Paragraph IV (a).
"Section 2-5404. Paragraph IV (a). For the purposes of this Amendment, the term 'governing bodies' shall be deemed to mean and include the Commissioners of Jeff Davis County and the 'gov erning bodies' of every municipality and/or political subdivision of this State located wholly within Jeff Davis County.
"The term 'capital improvements' shall mean the total valua tion of all buildings, equipment and machinery constructed and in stalled by new industries and businesses on land located in Jeff Davis County or within the limits of any municipality or political subdivision in Jeff Davis County. Said 'governing bodies' may from and after the adoption of this Amendment to the Constitution, exempt from all ad valorem taxation, the capital improvements of new industries and businesses for either a period of ten (10) years or until such time as the total amount of tax exemptions shall equal the amount of sales tax paid by such industries and businesses to the State of Georgia on their capital improvements or expansions thereof.
"The 'governing body' of Jeff Davis County and the 'governing bodies' of all municipalities and/or political subdivisions in Jeff Davis County, may also in their discretion, designate either by Resolution or by Ordinance, additional industrial areas within Jeff Davis County which shall upon being so designated, come within the provisions of Article VII, Section I, Paragraph 3A, of the Constitution of the State of Georgia and shall receive all the benefits accruing thereunder without discrimination. The 'govern ing body' of Jeff Davis County and the 'governing bodies' of all municipalities located herein are authorized to enact Ordinances and/or Resolutions to effectually comply with the provisions of this Amendment."
SECTION 2
Be it further resolved by the General Assembly that when said Amendment shall be agreed to by a two-thirds vote of the members elected to each House of the General Assembly, said Amendment shall be entered on their journals with the "yeas" and "nays" taken thereon and shall, by the Governor, be published in one newspaper in the County of Jeff Davis for two months previous to the time of holding the next general election and shall be submitted to the people of Jeff Davis County and of the several municipalities located therein and named herein at the next general election. All persons voting in said election in favor of adopting said proposed Amendment to the Constitution shall have written or printed on their ballots:
"For ratification of Amendment to Article 7, Section 1, Para graph IV of the Constitution of Georgia authorizing the govern ing bodies in Jeff Davis County to create tax exemptions for pro motion of growth and expansion", and all persons opposed to the adoption of said Amendment shall have written or printed on their ballots:
TUESDAY, FEBRUARY 19, 1963
599
"Against ratification of Amendment to Article 7, Section I, Paragraph IV of the Constitution of Georgia authorizing the gov erning bodies in Jeff Davis County to create tax exemptions for promotion of growth and expansion."
If a majority of the electors voting herein in Jeff Davis County as a whole shall vote for ratification thereof, when the returns shall be consolidated as required by law for election of members of the Gen eral Assembly, the said Amendment shall become a part of Article 7, Section I, paragraph IV of the Constitution of the State, on the first day of January, 1965, and the Governor shall make 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 Acree Alien Andrews Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe
Coker of Cherokee Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Pannin Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon
Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Museogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan
600
JOURNAL OF THE HOUSE,
Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessniith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge
Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham
Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toomb Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordon of Floyd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 118-295. By Messrs. Flournoy, Teague and Wilson of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia, so as to authorize the creation of a Civil Service System for any
TUESDAY, FEBRUARY 19, 1963
601
or all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County, 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
That Article VII, Section IV, Paragraph 1 of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end of said Paragraph the following language:
"The General Assembly shall have the authority, however, to enact laws creating a Cobb County Civil Service System for any or all those persons, other than those officials elected by the peo ple, whose wages or salaries are paid in whole or in part out of the funds of Cobb 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 X, 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 a Cobb County Civil Service System for any or all those per sons, other than those officials elected by the people, whose wages or salaries are paid in whole or in part out of the funds of Cobb County.
"Against ratification of amendment to the Constitution so as to create a Cobb County Civil Service System for any or all those persons, other than those officials elected by the people, whose wages or salaries are paid in whole or in part out of the funds of Cobb 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
602
JOURNAL OF THE HOUSE,
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 as 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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Da vis Dean of Polk Deen of Bacon DeVane Dicus Dixon
Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland
Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris
TUESDAY, FEBRUARY 19, 1963
603
Parker Partridge Payton Perry of Marion Perry of Evans
Peterson Phillips Ponsell
Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland
Russell
Sangster Sewell Shaw Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith Whitfield Snow Spikes
Stalnaker Steis Story Stuckey Tabb Todd
Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watt Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Black Bolton Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Conger Crummey Floyd Fulford
Hale Johnson of Elbert Jones of Liberty Jordan of Floyd McGarity Melton Pickard Rutland Scarborough Shea Simmons
Singer Teague Underwood of
Montgomery Walker Wells of Peach Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 175, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Under the General Order of Business, the following Bill of the House was again taken up:
HB 156. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the payment of wages due deceased employees to certain survivors without the nec essity or administration upon their estates, so as to place State em ployees under the provisions of said section; and for other purposes.
604
JOURNAL OF THE HOUSE,
The following Committee amendment was read:
The House Judiciary Committee moves to amend HB 156 as follows:
By adding to the title of said Act the words "and employees of political subdivisions of the State" immediately following the words "State employees" so that when so amended said title shall read as follows:
"An Act to amend Code Section 66-103, relating to the pay ment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 641), so as to place State employees and employees of political subdivisions of the State under the provisions of said Section; to repeal conflicting laws; and for other purposes."
By striking from Section 1 the phrase "the State or" wherever it appears therein and substituting in lieu thereof the phrase "the State or any political subdivision thereof" so that when so amended, said Sec tion 1 shall read as follows:
"Section 1. Code Section 66-103, relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 641), is hereby amended by adding between the words "by" and "any" the words "the State or any political subdivision thereof" and by striking the words "railroad company or other corporation" as they appear between the words "said" and "and" and substituting in lieu thereof the word "employer", so that when so amended, said Section shall read as follows:
"66-103. Wages of deceased employee paid to widow, minors or guardian, exemption from garnishment--It shall be lawful upon the death of any person employed by the State or any political subdivision thereof or any railroad company or other corporation doing business in this State, who may have wages due him by said employer, and who shall leave surviving him a widow or minor child or children, to pay all of said wages when they do not exceed $1,000.00 and, in case such wages exceed $1,000.00 to pay the sum of $1,000.00 thereof to the surviving widow of such employee; in case he has no surviving widow, but leaves surviving a minor child or children, said sum shall be paid to said minor child or children without any administration upon the estates of said employee, and said funds to the amount of $1,000.00 after the death of said em ployee shall be exempt from any and all process of garnishment."
The following amendment to the Committee amendment was read and adopted:
Mr. Murphy of Haralson moves to amend HB 156 as follows:
'By adding to Section 1 of the Committee amendment or same
TUESDAY, FEBRUARY 19, 1963
605
amends Section 66-103 the words "the duly qualified Guardian of" be tween the words "to" and "said" so that Section 66-103 shall read as follows:
Section 66-103. Wages of deceased employee paid to widow, minors or guardian, exemption from garnishment--It shall be law ful upon the death of any person employed by the State or any political subdivision thereof or other corporation doing business in this State, who may have wages due him by said employer, and who shall leave surviving him a widow or minor child or children, to pay all of said wages when they do not exceed $1,000.00 and, in case such wages exceed $1,000.00 to pay the sum of $1,000.00 thereof to the surviving widow of such employee; in case he has no sur viving widow, but leaves surviving a minor child or children, said
sum shall be paid to the duly qualified guardians of said minor child or children without any administration upon the estate of said employee, and said funds to the amount of $1,000.00 after the death of said employee shall be exempt from any and all process of garnishment."
The Committee amendment as amended was adopted.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Barber Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Brackin Branch Brantley Brown Busbee
Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conger Conner Cullens Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Duncan of Carroll Echols
Plournoy Flynt Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hall Harrell Harrington Harris Henderson Herndon House Houston Hurst Johnson of Warren Jones of Muscogee
606
JOURNAL OF THE HOUSE,
Jordan of Calhoun Kelly Keyton Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mixon Moore
Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Rodgers Roper Rowland Russell Sangster Shaw Shea Sinclair Smith of Forsyth
Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Andrews Ballard Baughman Bedgood Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Chance Coker of Turner Crummey Davis Dicus Dorminy Etheridge Fleming Floyd Fowler of Douglas
Groover Hale Hill Horton Hull Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Keadle Knight of Berrien Lowrey Mitchell Moate Newton of Colquitt Payton
Perry of Marion Rainey Roberts Rutland Scarborough Sewell Shuman Simmons Simpson Singer Smith of Emanuel Smith of Whitfield Teague Wells of Peach Wilkes Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 151, nays 0.
TUESDAY, FEBRUARY 19, 1963
607
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the General Order of Business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 142. By Mr. Harrington of Baldwin:
A Bill to be entitled an Act to authorize and empower the Department of Public Health to conduct a survey to determine the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded, and for other purposes.
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 Acree Anderson Bagby Ballard Baughman Bedgood Bell Black Blair Bolton Bowen of Dawson Brantley Busbee Bynum Byrd Carr Causby Chandler Clarke of Monroe Coker of Cherokee Conner Davis Dean of Polk Deen of Bacon DeVane
Dicus Dixon Duncan of Fannin Etheridge Flournoy Fulford Gibbons Greene Hall Harrell Harrington Herndon House Houston Hurst Isenberg Johnson of Warren Jones of Muscogee Keadle Killian King Knight of Laurens Lambert Lee of Dougherty Leonard Lewis
Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald Meeks Melton Milford Moate Moore Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole
608
Pope Poss Reaves Rhodes Roberts Rodgers Roper Rowland Russell Sangster Shaw Shea
JOURNAL OF THE HOUSE,
Shuman Sinclair Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Stuckey Tabb Todd
Towson Underwood of Taylor Ware Watson Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Brown Fowler of Douglas Fowler of Treutlen Groover Harris Henderson Jordan of Calhoun
Kirkland Laite McCracken McKemie Phillips Rainey Raulerson
Tucker of Burke Underwood of
Montgomery Waldrop Warren
Those not voting were Messrs.:
Alien Andrews Arnsdorff Barber Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Chance Clark of Catoosa Coker of Turner Conger Crummey Cullens Dorminy Duncan of Carroll Echols Fleming Floyd Flynt
Funk Griffin Hale Hill Horton Hull Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Kelly Keyton Knight of Berrien Lane Lee of Clinch Lee of Clayton Logan Lokey McGarity Milhollin Mitchell Mixon Morgan of Gwinnett Overby
Pafford Payton Pickard Richardson Rutland Scarborough Sewell Simmons Simpson Singer Smith of Forsyth Smith of Emanuel Story Teague Tucker of Catoosa Twitty Vaughn Walker Wells of Peach White Wilkes Woodward Mr. Speaker
On the passage of the Bill, the ayes were 113, nays 18.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 19, 1963
609
HB 235. By Messrs. House of Bibb, Clarke of Monroe, Bagby of Paulding, Killian of Glynn and Steis of Harris:
A Bill to be entitled an Act to authorize the presiding Judge in a Court of Record to allow counsel fees in certain cases; and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HB 235 as follows:
By adding at the end thereof the following 'such fee not to exceed the amount of the recovery of damages'.
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 Alien Anderson Andrews Bagby Ballard
Bedgood Bell Black Blair Bowen of Dawson Brackin Branch Brown Busbee Bynum Byrd Carr Clark of Catoosa Clarke of Monroe Coker of Cherokee Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin
Etheridge Fleming Flournoy Floyd Flynt Fulford Gibbons Greene Griffin Groover Hall Harrell Harrington Herndon Horton House Houston Isenberg
Johnson of Warren Jones of Muscogee Jordan of Calhoun Keadle Killian King Knight of Laurens Knight of Berrien Lambert
Lee of Clayton
Lee of Dougherty Lewis Lindsey
Logan Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McDonald
McGarity McKemie Meeks Milford Mitchell Mixon Moore Morgan of Newton Murphy Nessmith Newton of Colquitt Odom Paris Partridge Payton Perry of Marion Perry of Evans Phillips
610
Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rowland Rutland Sangster Shea Shuman
JOURNAL OF THE HOUSE,
Sinclair Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Todd Towson Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Warren Watson Watts Wells of Oconee Wells of Camden White Wilson of Brantley
Those voting in the negative were Messrs.:
Barber Baughman Causby Dorminy Echols
Fowler of Douglas
Fowler of Treutlen Harris Keyton Leonard
Milhollin Parker
Raulerson Rodgers Russell Story Williams of Coffee Williams of Hall
Those not voting were Messrs.:
Acree Arnsdorff Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Chance Chandler Coker of Turner Conger Conner Crummey Dicus Duncan of Carroll Funk Hale Henderson
Hill Hull Hurst Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Kelly Kirkland Laite Lane Lee of Clinch Mackay McCracken Melton Moate Morgan of Gwinnett Mullis Newton of Jenkins Overby Pafford
Peterson Pickard Roper Scarborough Sewell Shaw Simmons Simpson Smith of Telfair Smith of Emanuel Stuckey Teague Tucker of Catoosa Tucker of Burke Ware Wells of Peach Wilkes Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 123, nays 18.
TUESDAY, FEBRUARY 19, 1963
611
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 279. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act prescribing the procedure for the exercise of the power of eminent domain by the State of Geor gia; and for other purposes.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Brackin Branch Brantley Brown Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Conger Conner Cullens
Da vis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hale Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Hull Hurst Isenberg
Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Keyton King Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Matthews of Colquitt McClelland McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore
612
JOURNAL OF THE HOUSE,
Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss
Raulerson Reaves Rhodes Roberts Rodgers Roper Rowland Russell Rutland Sangster Shaw Shea Shuman Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story
Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Barber Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Busbee Chance Coker of Cherokee Coker of Turner Crummey Dicus Duncan of Carroll Echols Groover Horton
Johnson of Elbert Jones of Liberty Jordan of Floyd Kelly Killian Kirkland Laite Mackay Matthews of Clarke McCracken McGarity Melton Pickard Rainey Richardson
Scarborough Sewell Sinimons Simpson Singer Smith of Emanuel Smith of Habersham Stuckey Teague Wells of Peach Wilkes Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 259. By Mr. Ballard of Newton:
A Bill to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and highways and highways of the system of highways of the State of Georgia.
TUESDAY, FEBRUARY 19, 1963
613
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Branch Brantley Brown Busbee Bynum Byrd Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas
Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Logan Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McDonald
McKemie Meeks Milford Milhollin Mitchell Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Rodgers Roper Rowland Russell Rutland Sangster Shaw Shea Sinclair Smith of Forsyth Smith of Whitfield Snow Spikes Steis Story
614
JOURNAL OF THE HOUSE,
Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery
Underwood of Taylor Waldrop Walker Ware Warren Watson Watts
Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Bowen of Randolph Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Caldwell Chance Coker of Turner Conger Conner Crummey Dicus Duncan of Carroll Groover Hale Johnson of Elbert Jones of Liberty
Jones of Lumpkin Jordan of Floyd Knight of Laurens Laite Mackay McCracken McGarity Melton Mixon Overby Phillips Pickard Rainey Richardson Roberts Scarborough Sewell
Shuman Simmons Simpson Singer Smith of Telfair Smith of Emanuel Smith of Habersham Stalnaker Stuckey Teague Tucker of Catoosa Wells of Peach Wilkes Wilson of Cobb 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 289. By Messrs. Coker of Cherokee, Pope of Cherokee, Johnson of Elbert and others: 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 provide for the appointment of a board member from each congressional district.
The following amendment was read and adopted:
Mr. Murphy of Haralson moves to amend HB 289 as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Said Chapter is further amended by striking Code Sec tion 84-903 in its entirety and inserting in lieu thereof a new Code Section 84-903 to read as follows:
TUESDAY, FEBRUARY 19, 1963
615
"84-903. Ten (10) physicians, who shall possess the qualifi cations specified in Section 84-902, shall constitute the membership of the Board of Medical Examiners. Each member shall be ap pointed to serve from the expiration of the term of his predecessor. No member shall be reappointed nor shall any new member be ap pointed from any congressional district in the State which has more than one member on said Board. All future appointments shall be made by the Governor to serve for a term of four (4) years and until his successor is appointed and qualified. The Governor shall determine which district shall receive the next appointment until all congressional districts in the State are represented. Thereafter, all reappointments and new appointments shall be made so that each congressional district in the State shall be represented at all times. Any vacancy that may occur in said Board in consequence of death, resignation, removal from the State or other cause shall be filled for the unexpired term in the same manner as regular ap pointments are made. A majority of the Board shall constitute a
quorum."
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.:
Acree Alien Anderson Bagby Baughman Bedgood Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brown Busbee Byrd Caldwell Causby Clark of Catoosa Coker of Cherokee Cullens Davis Dean of Polk DeVane Dicus
Dixon Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Harris House Houston Isenberg Johnson of Warren Jones of Worth Jones of Muscogee Keyton Killian Knight of Berrien Lane Lee of Clinch
Lee of Clayton Lee of Dougherty Lewis Lindsey Logan Lokey Lowrey Matthews of Clarke McClelland McCracken McKemie Meeks Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Odom Pafford Partridge
616
Payton Perry of Evans Peterson Pickard Poole Pope Poss Raulerson Reaves Roberts Rodgers Roper
JOURNAL OF THE HOUSE,
Rowland Russell Shea Shuman Sinclair Smith of Forsyth Smith of Habersham Snow Stalnaker Steis Story Tabb
Todd Twitty
Underwood of Taylor Warren Watts Wells of Camden
White Williams of Coffee Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Andrews Arnsdorff
Barber Black Blalock of Coweta Bynum Carr Chandler Been of Bacon Fulford Hall Harrell Harrington
Henderson Hill Horton Hurst Jones of Lumpkin Kelly King Lambert Matthews of Colquitt McDonald Newton of Jenkins Newton of Colquitt Perry of Marion
Ponsell Rainey Sangster Smith of Telfair Spikes Towson Tucker of Burke Underwood of
Montgomery Waldrop
Ware Woodward
Those not voting were Messrs.:
Abney Ballard Bell Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Chance Clarke of Monroe Coker of Turner Conger Conner Crummey Dorminy Duncan of Fannin Duncan of Carroll Groover
Hale Herndon Hull
Johnson of Elbert Jones of Liberty Jordan of Floyd Jordan of Calhoun Keadle Kirkland Knight of Laurens Laite Leonard Mackay McGarity Melton Mitchell Overby Paris Parker Phillips
Rhodes Richardson Rutland
Scarborough Sewell Shaw Simmons Simpson Singer Smith of Emanuel Smith of Whitfield Stuckey Teague Tucker of Catoosa Vaughn Walker Watson Wells of Peach Wells of Oconee Wilkes
Wilson of Cobb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 109, nays 37.
TUESDAY, FEBRUARY 19, 1963
617
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs, and Williams of Coffee:
A Bill to be entitled an Act to amend Chapter 84-4 of the Code of Georgia, relating to the barbers and hairdressers, so as to define "barbering"; to abolish the State Board of Barber and Beautician Ex aminers; and for other purposes.
Mr. Busbee of Dougherty asked unanimous consent that HB 226 be postponed until Monday, February 25, 1963, and the consent was granted.
HB 226 was postponed until Monday, February 25, 1963.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 23. By Mr. Sinclair of Macon: A Bill to be entitled an Act to change the Charter of the City of Montezuma; and for other purposes.
The following Senate amendment was read:
HOUSE BILL 23
Amend Section 1.03 of HB 23 by at the end of subsection (p) adding the following: This subsection does not apply to work done by and for public utilities.
Mr. Sinclair of Macon moved that the House agree to the Senate amendment to HB 23.
On the motion to agree, the ayes were 107, nays 0.
The Senate amendment to HB 23 was agreed to.
Mr. Busbee of Dougherty moved that the House do now adjourn until 10:00 tomorrow morning and the motion prevailed.
618
JOURNAL OF THE HOUSE,
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
Representative Barber of Jackson stated that he had been called from the Hall of the House on official business, but had he been present he would have voted "Aye" on HB 142 and "Aye" on HB 279.
WEDNESDAY, FEBRUARY 20, 1963
619
Representative Hall, Atlanta, Georgia, Wednesday, February 20, 1963.
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 Reverend Kenneth L. Payton, Pastor of the Phila delphia Baptist Church, Lithonia, Georgia.
The roll call was ordered and the following members answered to their names:
Abney Acree Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs
Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane
Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin
Groover Hale Hall Harrell Harrington
Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun
Keadle
Kelly
Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey
Lowrey Mackay Matthews of Clarke Matthews of Colquitt
McClelland McCracken McDonald McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton
Mullis Murphy Nessmith Newton of Jenkins
620
Odom Overby Pafford Paris Parker Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Roberts Rodgers Roper Rowland
JOUENAL OF THE HOUSE,
Russell Rutland Sangster Scarborough Sewell Shaw
Shea Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague
Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Mr. Clarke of Monroe, 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, FEBRUARY 20, 1963
621
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether:
A Bill to be entitled an Act to provide that no State official shall be compensated for any ex-officio office unless the Act creating such office specifically provides for payment; and for other purposes.
Referred to the Committee on Appropriations.
HB 365. By Mr. Milhollin of Coffee: A Bill to be entitled an Act to amend an Act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure connected therewith; and for other purposes.
Referred to the Committee on Agriculture.
HB 366. By Messrs. Alien and Branch of Tift: A Bill to be entitled an Act to further define and prescribe the purposes, powers and duties of the Tift County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 367. By Messrs. Stalnaker and Peterson of Houston: A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Houston; and for other purposes.
Referred to the Committee on Local Affairs.
HB 368. By Messrs. Peterson and Stalnaker of Houston:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Centerville, so as to increase the maximum salary of the Mayor and Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 369. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to change the terms of the Superior Court of Charlton County of the Waycross Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
622
JOURNAL OF THE HOUSE,
HB 370. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county employees; and for other purposes.
Referred to the Committee on Local Affairs.
HB 371. 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 so as to reduce the number of members of the Board to 3 members; and for other purposes.
Referred to the Committee on Local Affairs.
HB 372. By Messrs. Houston of Pierce, Warren of Wayne, Poss of Madison, and Coker of Cherokee:
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 exclude from the terms "retail sale" and "sale at retail", the sale of drugs prescribed by a physician; and for other purposes.
Referred to the Committee on Ways and Means.
HB 373. By Mr. Perry of Evans:
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; and for other purposes.
Referred to the Committee on Local Affairs.
HB 374. 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 change the corporate city limits; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 375. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act establishing fire prevention districts in Clayton County, so as to provide for a tax on the property located in fire prevention districts; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, FEBRUARY 20, 1963
623
HB 376. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act to incorporate the City of Forest Park, so as to extend the corporate city limits; and for other purposes.
Referred to the Committee on Local Affairs.
HB 377. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, so as to provide payment of group insurance premiums for city employees of the City of Forest Park; and for other purposes.
Referred to the Committee on Local Affairs.
HB 378. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Lovejoy, so as to change the name to the City of Lovejoy; and for other purposes.
Referred to the Committee on Local Affairs.
HB 379. 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.
HR 138-379. By Mr. Branch of Tift:
A Resolution creating the "State Leased Properties Study Committee"; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 380. By Messrs. Bell 'and Hull of Richmond:
A Bill to be entitled an Act to amend an Act relating to definition of newspaper libel, so as to provide that opinions expressed in good faith by newspapers and candidates seeking public office shall not be libelous; and for other purposes.
Referred to the Committee on Judiciary.
HB 381. By Messrs. Dicus, Pickard and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Columbus; and for other purposes.
Referred to the Committee on Local Affairs.
624
JOURNAL OF THE HOUSE,
HB 382. By Messrs. Dicus, Jones and Pickard of Muscogee:
A Bill to be entitled an Act to create for the City of Columbus a Board of Commissioners to be known as "Medical Center Board Commission ers"; and for other purposes.
Referred to the Committee on Local Affairs.
HB 383. By Messrs. Dicus, Pickard and Jones of Muscogee:
A Bill to be entitled an Act to amend the "Housing Authorities Law" in counties having a population of not less than 115,000 and not more than 125,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 384. By Messrs. Wilson, Teague and Flournoy of Cobb:
A Bill to be entitled an Act to provide a salary for the official full time court reporter of the Cobb Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
Referred to the Committee on Local Affairs.
HB 385. By Messrs. Tucker and Clark of Catoosa, Floyd of Chattooga, Hale of Dade, Snow and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, so as to provide for clerical assistance for the SolicitorGeneral of the Lookout Mountain Judicial Circuit; and for other purposes.
Referred to the Committee on Local Affairs.
HB 386. By Messrs. Etheridge and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of applicants for admission to the Practice of Law and relating to the residence requirements of applicants for admission to the practice of law; and for other purposes.
Referred to the Committee on Judiciary.
HB 387. By Mr. Hull of Richmond:
A Bill to be entitled an Act to make it unlawful for any person, firm, corporation or association to advertise in any manner the price, terms of payment for, or quality of prescribed Ophthalmic material, eye or visual examination or service relative thereto; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
WEDNESDAY, FEBRUARY 20, 1963
625
HB 388. By Messrs. Bagby of Paulding, Pope of Cherokee, Rowland of Johnson, Steis of Harris, Coker of Cherokee, Mackay of DeKalb and many others:
A Bill to be entitled an Act to amend an Act relating to workmen's compensation particularly to the amount, computation and payment of compensation paid by the employer; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 389. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the Charter of the City of Macon, relating to the Clerk of the Recorder's Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 390. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the Charter of the City of Macon, relating to the powers of the Recorder's Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 391. By Messrs. Wilkes of Cook and Pickard of Muscogee:
A Bill to be entitled an Act to provide for uniform per diem and for expenses for the members of examining boards; and for other purposes.
Referred to the Committee on Appropriations.
HB 392. By Messrs. Roberts of Jones, Lewis of Wilkinson, Williams of Hall, Stuckey of Dodge, Moate of Hancock, Ballard of Newton, Underwood of Taylor, Morgan of Newton, Mitchell of Whitfield and others:
A Bill to be entitled an Act to prohibit any person, firm or corporation operating trucks hauling stone or gravel on the highways of this State, without having first taken precautionary measures to provide said trucks or other vehicles with protective coverings such as canvas, tarpaulin, metal or wood, so as to prevent spilling or discharge of such mixture or other substance therefrom; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 393. By Mr. Parker of Screven:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Sylvania; and for other purposes.
Referred to the Committee on Local Affairs.
626
JOURNAL OF THE HOUSE,
HB 394. By Messrs. Conner of Jeff Davis, Wilkes of Cook, Jones of Worth, Fowler of Douglas, Ware of Troup, Echols of Upson and Shea of Chat ham:
A Bill to be entitled an Act to amend an Act relating to the various kinds of insurance, limits of risks, and reinsurance, 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 uninsured vehicle; and for other purposes.
Referred to the Committee on Insurance.
HB 395. By Messrs. Fowler of Douglas and 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.
HR 139-395. By Messrs. Smith and Mitchell of Whitfield:
A Resolution authorizing Whitfield County, through its Commissioner of Roads and Revenues, to pay compensation to Mr. Fred Kimsey; and for other purposes.
Referred to the Committee on Local Affairs.
HR 140-395. By Messrs. Mitchell and Smith of Whitfield: A Resolution to compensate Brooks Rizer; and for other purposes.
Referred to the Committee on Appropriations.
HB 396. By Messrs. Rutland, Mackay and Harris 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 shall be elected; and for other purposes.
Referred to the Committee on Local Affairs.
HB 397. By Mr. Killian of Glynn:
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; and for other purposes.
Referred to the Committee on Natural Resources.
HB 398. By Messrs. Smith of Grady, Busbee of Dougherty, Bolton of Spalding, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to general provi sions concerning banks and banking, so as to define "city", "town" and "village"; and for other purposes.
Referred to the Committee on Banks and Banking.
WEDNESDAY, FEBRUARY 20, 1963
627
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 336. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Douglas County, so as to provide that the Board of Commissioners shall have the power to furnish the Sheriff a cash allowance; and for other purposes.
HB 337. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Douglasville; and for other purposes.
HB 338. By Mr. Fowler of Douglas: A Bill to be entitled an Act to create the Douglas County Study Commis sion for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recommendations as to the most expedient method to improve Douglas County in the future; and for other purposes.
HB 339. By Messrs. Laite, Groover and House 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 describe new territory to become a part of the City of Macon; and for other purposes.
HB 340. By Messrs. Hill of Meriwether, Sinclair of Macon, Brown of Hart, Fulford of Terrell, Hall of Lee, Keadle of Lamar and others: A Bill to be entitled an Act to create an Area Redevelopment Finance Administrator; to provide for a short title; and for other purposes.
HB 341. By Messrs. Lowrey and Jordan of Floyd: A Bill to be entitled an Act to amend an Act changing the compensation of Floyd County officers from a fee system to a salary system, and relating to uniforms for the Sheriff and his Deputies; and for other purposes.
HB 342. By Messrs. Lowrey and Jordan of Floyd: A Bill to be entitled an Act to amend an Act changing the compensation of Floyd County officers from a fee to a salary system, so as to author ize an additional deputy sheriff for $385.00 per month; and for other purposes.
628
JOURNAL OF THE HOUSE,
HB 343. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Troup County,, so as to provide that the Judge may require sureties on personal appearance bonds; and for other purposes.
HB 344. By Messrs. Murphy of Haralson, Morgan of Newton, Ballard of Newton, Lowrey of Floyd and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Industrial Loan Act, so as to provide that after April 1, 1963, The Geor gia Industrial Loan Commissioner shall not issue any additional licenses to persons engaged in the business of making loans of $2,500.00 or less; and for other purposes.
HB 345. By Messrs. Lowrey of Floyd, Causby of Gordon, Hale of Bade, Murphy of Haralson, Mitchell of Whitfield and others:
A Bill to be entitled an Act to amend an Act creating the office of Judge of Superior Courts, Emeritus, so as to delete therefrom the provision requiring county to pay Judge Emeritus any additional compensation other than that received from the State; and for other purposes.
HB 346. By Messrs. Richardson and Shea of Chatham:
A Bill to be entitled an Act to be known as the Savannah Bistrict Au thority Act of 1963; and for other purposes.
HR 134-346. By Messrs. McClelland and Etheridge of Fulton:
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.
HR 135-346. By Messrs. Richardson and Shea of Chatham:
A Resolution proposing an amendment to the Constitution creating a body corporate and politic to be known as the "Savannah Bistrict Au thority"; and for other purposes.
HB 347. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, so as to provide for a Clerk of said Court; and for other purposes.
HB 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Stalnaker of Houston, Bell of Richmond, Towson of Laurens and many others:
A Bill to be entitled an Act to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes.
WEDNESDAY, FEBRUARY 20, 1963
629
HB 349. By Mr. Johnson of Warren:
A Bill to be entitled an Act to place the Sheriff of the Superior Court of Warren County on a salary in lieu of the fee system; and for other purposes.
HB 350. By Mr. Johnson of Warren:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Warren County on a salary in lieu of a fee system; and for other pur poses.
HB 351. By Mr. Johnson of Warren:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Ordinary of Warren County, so as to place the compen sation of the Ordinary of Warren County on a salary basis in lieu of a fee basis; and for other purposes.
HB 352. By Mr. Lee of Clinch:
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 the State of Georgia; and for other purposes.
HB 353. By Messrs. Spikes 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 provide for a Board of City Registrars; and for other purposes.
HB 354. By Messrs. Matthews and Bedgood of Clarke, Smith of Habersham and Wells of Oconee:
A Bill to be entitled an Act to amend an Act relating to the larceny of motor vehicles and punishment therefor; and for other purposes.
HB 355. By Mr. Melton of Spalding:
A Bill to be entitled an Act to provide an appropriation for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor; and for other purposes.
HR 137-355. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens:
A Resolution creating the "Constitution Revision Commission"; and for other purposes.
630
JOURNAL OF THE HOUSE,
HB 356. By Messrs. McClelland, Etheridge and Brooks 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 of said city; and for other purposes.
HB 357. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Vienna, so as to empower its governing authorities to pre scribe by ordinance the assessment of ad valorem tax on all classes of property; and for other purposes.
HB 358. By Messrs. McClelland and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act to fix the salary of the Judges of the Juvenile Courts in counties having a population of more than 500,000; and for other purposes.
HB 359. By Messrs. Etheridge and McClelland of Fulton: A Bill to be entitled an Act to fix the compensation of Ordinaries in counties having a population of 500,000 or more; and for other purposes.
HB 360. By Messrs. McClelland and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act relating to the salaries of the Judges and Solicitor Generals of the Criminal Court of Fulton County; and for other purposes.
HB 361. By Messrs. Tucker and Clark of Catoosa: A Bill to be entitled an Act to repeal certain laws relating to duties of Clerks of Superior Courts and compensation paid for such duties; and for other purposes.
HB 362. By Messrs. Tucker and Clark of Catoosa: A Bill to be entitled an Act to repeal an Act providing for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.
HB 363. By Messrs. Ponsell and Dixon of Ware: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.
SB 3. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend an Act known as the "Aid to De pendent Children Act", so as to change the definition of the term "De pendent Child"; and for other purposes.
WEDNESDAY, FEBRUARY 20, 1963
631
SB 13. By Senators Johnson of the 38th, Wesberry of the 37th and others:
A Bill to be entitled an Act to designate as depositories for public and trust funds the Treasury in all counties of Georgia having a population of 500,000 or more according to the last U.S. census or any future census; and for other purposes.
SB 14. By Senator Phillips of the 27th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide for the inspection of motor vehicles; and for other purposes.
SB 16. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens"; and for other purposes.
SB 17. By Senator Downing of the 1st:
A Bill to be entitled an Act to fix the compensation of the Judges of the Municipal Court of Savannah; and for other purposes.
SR 21. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.
SR 22. By Senators Wesberry of the 37th, Salome of the 36th, Johnson of the 38th and others:
A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.
SB 26. By Senator Phillips of the 27th:
A Bill to be entitled an Act creating a Department of Public Safety, so as to provide that drivers of school buses must obtain a chauffeur's license; and for other purposes.
SB 27. By Senators Carter of the 14th and Pennington of the 45th:
A Bill to be entitled an Act to regulate the registration, labeling, analy sis, sale and application of agricultural limestone; and for other pur poses.
SB 29. By Senators Brown of the 34th, Wesberry of the 37th, Johnson of the 38th, Mclntyre of the 40th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a method for providing garbage disposal systems in the unincor porated portions of Fulton County"; and for other purposes.
632
JOURNAL OF THE HOUSE,
SB 30. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville, so as to change the compensation of the mayor and aldermen; and for other purposes.
SB 33. By Senators Phillips of the 27th, Smalley of the 28th and Carlton of the 21st:
A Bill to be entitled an Act to make it unlawful for any person to post or cause to be posted in any manner any type of banner, placard, poster, or other advertisement on the roads or streets; and for other purposes.
SR 34. By Senators Brown of the 34th, Wesberry of the 37th and others: A Resolution providing for the extension of time within which the election study commission created by Res. No. 261 of the 1962 General Assembly shall make a report of its findings and recommendations.
SB 38. By Senators Johnson of the 42nd, McWhorter of the 43rd and Conway of the 41st: A Bill to be entitled an Act to amend an Act creating and establishing a new Charter and municipal government for the City of Decatur, so as to change, enlarge and extend the corporate limits, by the incorporation of additional and contiguous territory; and for other purposes.
SR 41. By Senator Downing of the 1st: A Resolution relating to the 52nd Street Extended in Chatham County; and for other purposes.
SB 45. By Senators Zorn of the 6th, McKinnon of the 7th and others: A Bill to be entitled an Act to amend Code Section 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerks to collect recording fees in advance; and for other purposes.
SB 46. By Senators Zorn of the 6th, McKinnon of the 7th, Webb of the llth, Yancey of the 33rd and Johnson of the 42nd: A Bill to be entitled an Act to amend Code Section 24-2729, relating to awarding judgment for costs for transmitting a transcript of a record to appellate courts so as to require appellant to pay in advance; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker:
Your Committee on Appropriations has had under consideration the following
WEDNESDAY, FEBRUARY 20, 1963
633
Bill of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendation:
HB 202. Do Pass. Respectfully submitted,
Blalock of Coweta, Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Industry, sub mitted the following report:
Mr. Speaker:
Your Committee on Industry 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 157. Do Pass, as Amended. HB 252. Do Pass, as Amended. HB 348. Do Pass.
Respectfully submitted, Twitty of Mitchell, Chairman.
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, sub mitted 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 262. Do Pass. HB 328. Do Pass. HB 329. Do Pass. HB 333. Do Pass. HB 334. Do Pass. HB 335. Do Pass, as Amended.
Respectfully submitted, Hale of Dade, Chairman.
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JOURNAL OF THE HOUSE,
Mr. Vaughn of Rockdale County, Vice-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 of the House and has instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 251. Do Pass. HB 305. Do Pass. HB 266. Do Pass. HB 312. Do Pass. HB 246. Do Pass.
Respectfully submitted, Vaughn of Rockdale, Vice-Chairman.
Mr. Branch of Tift 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 108-267. Do Pass. HR 109-267. Do Pass. HR 100-230. Do Pass.
Respectfully submitted, Branch of Tift, Chairman.
Mr. Towson of Laurens 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 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 320. Do Pass.
HB 313. Do Pass.
WEDNESDAY, FEBRUARY 20, 1963
635
HR 133-330. Do Pass. HR 132-330. Do Pass.
Respectfully submitted, Towson of Laurens, 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 44. By Messrs. Perry of Marion and King of Chattahoochee:
A Resolution to designate a highway as the Clark W. Duncan Highway; and for other purposes.
HR 130. By Mr. Houston of Pierce:
A Resolution commending and paying tribute to the community of Laura Chapel, Pierce County, State of Georgia; and for other purposes.
HR 131. By Messrs. Wilson, Teague and Flournoy of Cobb, Matthews of Clarke:
A Resolution urging the Board of Regents of the University System of Georgia to construct additional dormitories for Southern Technical Insti tute located at Marietta, Georgia; and for other purposes.
HR 136. By Messrs. Rowland of Johnson, Chance of Twiggs and others:
A Resolution expressing regrets at the passing of J. H. Rowland; 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:
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JOURNAL OF THE HOUSE,
HB 37. By Messrs. Payton of Coweta and Overby of Hall:
A Bill to amend an Act relating to the definition of certain terms and the exclusion of certain motor vehicles from the provisions of the law relating to motor contract carriers, so as to exempt certain vehicles used exclusively for construction and maintenance of federal facilities; and for other purposes.
HB 54. By Messrs. House of Bibb, Pope of Cherokee and others:
A Bill to provide that a prior period of residency in a territory after wards annexed to a municipality shall be deemed residence within the municipality for the purpose of qualifying a person to hold office; 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 40. By Senator Conway of the 41st: A Bill to provide for the wearing of badges by poll workers; to repeal conflicting laws; and for other purposes.
SB 61. By Senator Salome of the 36th: A Bill to amend Code Section 23-1403 of the Code of Georgia, relating to the powers of county police, so as to limit certain powers to the county of appointment or election; and for other purposes.
SR 24. By Senator Pannell of the 54th: A Resolution creating the Election Laws Study Committee; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SR 24. By Senator Pannell of the 54th: A Resolution creating the Election Laws Study Committee; and for other purposes.
Referred to the Committee on Special Judiciary.
WEDNESDAY, FEBRUARY 20, 1963
637
SB 40. By Senator Conway of the 41st:
A Bill to be entitled an Act to provide for the wearing of badges by poll workers; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 61. By Senator Salome of the 36th:
A Bill to be entitled an Act to amend Code Section 23-1403 of the Code of Georgia, relating to the powers of county police, so as to limit certain powers to the county of appointment or election; and for other purposes.
Referred to the Committee on Special Judiciary.
The following Resolutions of the House were read and adopted:
HR 141. By Messrs. Smith of Grady, McDonald of White and Williams of Hall:
A RESOLUTION
Extending sympathy to Honorable J. Grover Simmons on the passing of his nephew; and for other purposes.
WHEREAS, on February 19, 1962, Mr. Douglas Westmoreland of White County, Georgia, passed away; and
WHEREAS, he was a credit to his community and his State, and was active in all the affairs of his community; and
WHEREAS, Mr. Westmoreland's mother was Mrs. Marvin West moreland, who is the sister of the wife of the Honorable J. Grover Sim mons, Representative from Banks County, and the members of this body are grieved at the family's loss;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the untimely death of Mr. Douglas Westmoreland, and sincerest sympathy is hereby extended to his parents, Mr. and Mrs. Marvin Westmoreland, to Representative and Mrs. J. Grover Simmons and the other members of the family.
BE IT FURTHER RESOLVED, that the Clerk of the House is here by instructed to transmit a copy of this Resolution to Mr. and Mrs. Marvin Westmoreland and to Representative and Mrs. J. Grover Sim mons.
HR 142. By Messrs. Smith of Forsyth, Meeks of Union, Milford of Franklin and many others: A RESOLUTION
Calling upon the President to take certain measures relating to the poultry industry; and for other purposes.
638
JOURNAL OF THE HOUSE,
WHEREAS, the U. S. poultry industry has developed a $50,000,000 a year market in the Common Market countries, primarily West Ger many; and
WHEREAS, the market has grown each year and could continue to increase considerably in the absence of unreasonable and discriminatory barriers; and
WHEREAS, the U. S. poultry industry has done extensive promo tion in these countries so that consumption and local production have also increased; and
WHEREAS, the imposition of gate prices and variable import levies have brought about a loss of this valuable market; and
WHEREAS, levies on U. S. poultry were increased from approxi mately 16% to approximately 43% on whole broilers and 32% on certain parts; and
WHEREAS, U. S. imports from Common Market countries have continued to increase each year; and
WHEREAS, Georgia producers and processors were shipping over 4% million pounds per month prior to the first levies, with shipments dropping to approximately 1% million pounds per month following the first levy and to practically nothing following the additional levy; and
WHEREAS, this means a direct loss to Georgia of $16,000,000 of export income; and
WHEREAS, additional losses through depressed domestic prices might result if this volume is continually forced back into domestic chan nels; and
WHEREAS, the loss of these poultry exports which generated $80,000,000 of business for the state annually means a loss to feed, ports, utilities, banking, insurance, transportation, paper, retail, wholesale and many other industries; and
WHEREAS, the levies in question are contrary to the General Agree ment on Tariffs and Trade; and
WHEREAS, immediate action to obtain fair import levies on U. S. poultry is of vital importance to the Georgia poultry industry which represents over 32% of total farm income and brings the state $500,000,000 a year directly, and generates $2% billion a year business; and
WHEREAS, 160,000 Georgians earn their living from poultry and others benefit indirectly from this giant agri-business; and
WHEREAS, this is a forerunner of problems for other commodities which might be avoided if the U. S. government acts forcefully and settles this one; and
WEDNESDAY, FEBRUARY 20, 1963
639
WHEREAS, the U. S. is now exporting l/6th of our agricultural production and Georgia is exporting l/5th of its production; and
WHEREAS, 41,600 Georgia farm workers may be attributed to the production of farm products for export; and
WHEREAS, quick results might serve as a deterrent of other prob lems which would affect the state and nation; and
WHEREAS, the barriers proposed by the Common Market would destroy the competitive position our farm products have gained through efficiency; and
WHEREAS, the loss of agricultural exports which may result if the Common Market agricultural proposals are imposed on our agricul tural products will weaken our ability to carry the heavy financial bur den which the United States now assumes in the effort to protect and strengthen the free world.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does recommend that the Georgia Congressional delegation continue and redouble its efforts for imme diate action and that this body further recommends that President Ken nedy take immediate steps including use of the retaliatory powers of the Trade Expansion Act if necessary, to obtain prompt removal of these unfair and discriminatory levies.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to forward appropriate copy of this Resolution to each Member of the United States Congress from Georgia, President John F. Kennedy, Secretary of State Dean Rusk, Secretary of Agriculture Orville Freeman, and Ambassador Christian
Herter.
The following Resolution of the House was read and referred to the Committee on Special Judiciary:
HR 143. By Messrs. Scarborough of Crawford, Pope of Cherokee and others:
A RESOLUTION
Creating a House interim committee to be known as "The Public Utilities Study Committee", for the purpose of investigating into the laws affecting public utilities; to provide for the composition, organiza tion, duties, compensation, and staff of the committee; to provide for proceedings, hearings, and reports; to provide for clerical and research assistance for the committee and payment of expenses; and for other purposes.
WHEREAS, the operation of the various public utilities in the State of Georgia has a most profound effect upon every citizen of this State
640
JOURNAL OF THE HOUSE,
both as it affects him individually and as it affects the operation of his community; and
WHEREAS, this is a time of increasing modernization and expan sion of services supplied by the public utilities and their ability to fur nish these services to the more sparsely populated areas of Georgia; and
WHEREAS, because of this public dependence on these public utili ties and because of the fact that their great size necessitates that their actions be kept under close scrutiny.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that there is hereby created a House interim committee to be known as "The Public Utilities Study Committee" to be composed of seven (7) members from the House and to be appointed by the Speaker of the House. The committee shall con vene and organize by electing a chairman as soon as possible after ad journment but no later than whatever time the Speaker of the House shall set. Said committee shall have broad powers to inquire into all phases of the public utilities business, but shall particularly concern itself with the procedures presently used for accessing value to property owned by public utilities for purposes of levying ad valorem taxation and the extent to which the respective public utilities are supplying their services to all the citizens of Georgia.
Said committee is given the authority to conduct hearings and to cooperate with any agency, association, or institution to secure informa tion helpful in furthering its purposes. The committee shall present its report to the 1964 General Assembly. Said report is to reflect its find ings and recommendations as to desirable legislation or other action desirable relating to its areas of investigation.
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 procuring necessary information, reports and other data.
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.
Said committee shall be limited to a total time of twenty (20) days for the purposes herein set forth.
Mr. Bolton of Spalding asked unanimous consent that the House insist on its position on the following Bill of the Senate and a Committee of Conference be appointed.
SB 12. By Senators Pannell of the 54th and Jackson of the 16th:
A Bill to be entitled an Act to create the North Georgia Mountains Authority as a body corporate and politic and an instrumentality and
WEDNESDAY, FEBRUARY 20, 1963
641
public corporation of the State, to provide for its organization and the appointment of its members; and for other purposes.
The consent was granted and the following members were appointed as a committee of Conference on the part of the House:
Messrs. Bynum of Rabun, Andrews of Stephens and Bolton of Spalding.
Under the General Order of Business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 17. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Voters' Registration Act", so as to provide that county registrars appointed by county authorities shall retain their civil service status; and for other purposes.
The report 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 266. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend Code Section 15-302 relating to the jurisdiction of the United States over certain lands in this State, so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any territory used for penal institutions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 35. By Messrs. Brooks, Etheridge and McClelland of Fulton:
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; 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 251. By Mr. Vaughn of Rockdale:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chap. 74-4 of the Code of 1933" so as to provide that the consent of the father who has not been supporting his minor child shall not be necessary to let the child be adopted.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Andrews Arnsdorff
Bagby Ballard Barber Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph
Bowen of Dawson Brackin
Branch Brantley Brooks of Oglethorpe Brown
Busbee Byrd Carr Causby
Chance
Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens
Dean of Polk DeVane Dicus Dixon Duncan of Carroll Etheridge Fleming Flournoy
Floyd Flynt
Fowler of Douglas Fulford Gibbons Griffin
Groover Hale Hall Harrell
Harrington
Harris Henderson Hill House Houston
Hull Hurst Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun
Keadle Keyton
King Kirkland Knight of Laurens Knight of Berrien
Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis
WEDNESDAY, FEBRUARY 20, 1963
643
Lindsey Lowrey Mackay Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Newton Mullis Nessmith Newton of Jenkins Odom Overby Pafford Paris Partridge Payton Perry of Marion
Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough Sewell Shaw Shuman Sinclair Singer Smith of Forsyth Smith of Telfair
Smith of Habersham Snow Stalnaker Steis Story Tabb Teague Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Waldrop Walker Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Bynum Jones of Worth
Kelly Leonard
Those not voting were Messrs.:
Anderson Baughman Bedgood Black Bolton Bowen of Toombs Brooks of Fulton Caldwell Chandler Conger Conner Crummey Davis Deen of Bacon Dorminy Duncan of Fannin Echols Fowler of Treutlen
Funk Greene Herndon Horton Isenberg Jones of Liberty Killian Laite Lambert Logan Lokey Matthews of Clarke McGarity Moate Moore Murphy Newton of Colquitt Parker
Morgan of Gwinnett Shea
Rodgers Rowland Rutland Simmons Simpson Smith of Emanuel Smith of Whitfield Spikes Stuckey Todd Towson Tucker of Burke Underwood of Taylor Ware Wells of Peach White Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 145, nays 6.
644
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HR 106-254. By Mr. Herndon of Appling:
A Resolution to relieve Troy Hartley as security on a bond; 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 Acree Alien Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner
Conner Davis Dean of Polk Deen of Bacon
DeVane Dicus Dixon Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Griffin Groover Hale Hall Harrell Harrington Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton
Killian
King Knight of Laurens Lambert Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford
Paris Partridge Payton Perry of Marion Peterson Phillips
Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Roper Russell Rutland Sangster Scarborough Sewell Shaw
WEDNESDAY, FEBRUARY 20, 1963
645
Shea Shuman Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Tucker of Catoosa Twitty
Underwood of Montgomery
Underwood of Taylor Vaughn Walker Ware Warren Watson Watts Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Anderson Andrews Baughman Blalock of Coweta Bolton Brantley Brooks of Fulton Conger Crummey Cullens Dorminy Duncan of Fannin Duncan of Carroll Echols Greene Harris Horton
Jones of Liberty Jones of Lumpkin Kelly Kirkland Knight of Berrien Laite Lane Lee of Clayton Logan Lokey McClelland McGarity Moate Moore Mullis Murphy Overby
Parker Perry of Evans Rhodes Rodgers Rowland Simmons Simpson Singer Smith of Emanuel Smith of Whitfield Towson Tucker of Burke Wells of Peach Wells of Camden White Williams of Hall Mr. Speaker
On the adoption of the Resolution, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 117. By Mr. Groover of Bibb:
A Bill to be entitled an Act to require a majority of the votes cast before any person may be nominated or elected in a primary, special, or general election for an elected position of the State of Georgia; and for other purposes.
646
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Dean of Polk moves to amend HB 117 by adding a new section to be appropriately numbered and placed at the end thereof and which shall read as follows: 'The effective date of this Act shall be July 1st, 1963.'
Mr. Hale of Dade offered an amendment which was lost.
Mr. Bagby of Paulding offered an amendment which was lost.
Mr. Payton of Coweta offered an amendment which was lost.
Mr. Payton of Coweta moved that HB 117 be postponed indefinitely and the motion was lost.
Mr. McClelland of Fulton moved the previous question and the motion pre vailed.
The previous question was ordered.
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.:
Abney Alien Andrews Arnsdorff Ballard Barber Bedgood Bell Black
Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brooks of Oglethorpe
Brown Busbee Byrd Caldwell Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner
WEDNESDAY, FEBRUARY 20, 1963
647
Davis Deen of Bacon DeVane Dicus Duncan of Carroll Echols Etheridge Fleming
Flournoy Floyd Fowler of Douglas Fowler of Treutlen
Fulford Gibbons Griffin Groover Hall Harris Henderson Hill Houston Hull Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian Kirkland Knight of Laurens
Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Melton Milford Mixon Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Peterson Pickard Ponsell Pope Poss Raulerson Reaves Rhodes Richardson Russell
Rutland Scarborough
Sewell Shea Shuman Sinimons Simpson Sinclair
Singer Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker
Steis Story Stuckey Tabb Teague Towson Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Warren Wells of Oconee Wilkes Williams of Hall Wilson of Brantley
Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Acree Bagby Bynum Causby Chandler Clark of Catoosa Cullens Dean of Polk Dixon Dorminy Duncan of Fannin Greene Hale Harrell
Harrington House Johnson of Warren Knight of Berrien Laite Lambert Leonard Lokey Meeks Milhollin Mitchell Morgan of Gwinnett Morgan of Newton Mullis
Phillips Rainey Rodgers Roper Shaw Smith of Habersham Todd Tucker of Catoosa Tucker of Burke Watson Watts Wells of Camden Williams of Coffee
648
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Baughman Blalock of Coweta Brantley Brooks of Fulton Conger Conner Crummey Flynt Funk Herndon
Horton Kelly King Logan McGarity Moate Moore Parker Payton Perry of Marion Perry of Evans
Poole Roberts Rowland Sangster Smith of Emanuel Underwood of
Montgomery Wells of Peach White
On the passage of the Bill, as amended, the ayes were 133, nays 41.
The Bill, having received the requisite constitutional majority, was passed, amended.
Mr. Blalock of Coweta stated that he had been 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 117.
HB 190. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees Retirement System, so as to clarify the provisions relating to the accumulation of sufficient creditable service in order to qualify under involuntary separation 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Andrews Arnsdorff Bagby Ballard Barber
Bell Black Blair Blalock of Coweta Bolton Bowen of Dawson Branch
Busbee Bynum Byrd Caldwell Carr Chance Chandler
WEDNESDAY, FEBRUARY 20, 1963
649
Clark of Catoosa Coker of Cherokee Coker of Turner Conner Dean of Polk
Deen of Bacon DeVane Dorminy Etheridge Fleming Floyd Fowler of Douglas Fowler of Treutlen Fulford Gibbons Greene Griffin Hall Harrell Harrington Harris Henderson Hill Horton House Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Killian Kirkland Knight of Laurens Knight of Berrien
Lambert Lee of Clinch
Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald Melton Milford Mitchell Morgan of Gwinnett Mullis Murphy Newton of Jenkins Newton of Colquitt Odom
Overby Pafford Paris Partridge Perry of Evans Peterson Phillips Pickard Ponsell Pope Raulerson Reaves Rodgers Roper Sangster Scarborough
Sewell Shaw Shea Shuman Simmons Simpson Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd
Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those voting in the negative were Messrs. Causby and Jordan of Calhoun.
Those not voting were Messrs.:
Acree Anderson Baughman Bedgood Blalock of Clayton Bowen of Randolph Bowen of Toonibs
Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Clarke of Monroe Conger
Crummey Cullens Davis Dicus Dixon Duncan of Fannin Duncan of Carroll
650
Echols Flournoy Flynt Funk Groover Hale Herndon Houston Kelly Keyton King Laite Lane Logan McGarity
JOURNAL OF THE HOUSE,
McKemie Meeks Milhollin Mixon Moate Moore Morgan of Newton Nessmith Parker Payton Perry of Marion Poole Poss Rainey Rhodes
Richardson Roberts Rowland Russell Rutland Sinclair Smith of Emanuel Underwood of
Montgomery Warren Wells of Peach White Wilson of Cobb
On the passage of the Bill, the ayes were 139, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 316. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend Code Section 40-1404, relating to the salary of the Comptroller General, so as to provide for the compen sation of the Comptroller General; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HB 316 as fol lows:
By adding after the second sentence in the language quoted as Sec tion 40-1404 in Section 1 of said Bill, the following sentence:
"No other law providing for compensation, allowances or other perquisites shall hereafter be applicable to the Office of Comptroller General, and he shall only receive the salary provided for in this Section and be reimbursed for expenses as provided for in this Section."
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:
WEDNESDAY, PEBRUAEY 20, 1963
651
Those voting in the affirmative were Messrs.:
Abney Acree Alien Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton
Bowen of Dawson Brackin Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus
Duncan of Carroll
Echols Fleming Floyd Flynt Fowler of Douglas Gibbons Greene Griffin
Groover Hall Harrell Harrington Harris Henderson
Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay
Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity Melton Milford Mitchell
Mixon Morgan of Gwinnett Morgan of Newton Mullis Nessmith Newton of Jenkins Newton of Colquitt Odom Overby
Pafford Paris Parker Partridge Perry of Evans Peterson
Phillips Ponsell Poole Pope Poss Raulerson
Reaves Rhodes Roberts Rodgers Roper Russell Sangster Scarborough Sewell
Shaw Shea Shuman Simmons Simpson Sinclair
Smith of Forsyth Smith of Telfair Smith of Whitfield
Snow Spikes Stalnaker Steis Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn
Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden Wilkes
Williams of Coffee Williams of Hall Wilson of Brantley Woodward
652
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Anderson Baughman Bowen of Randolph
Bowen of Toombs Brantley Brooks of Fulton Clarke of Monroe Conger Crummey Dixon
Dorminy Duncan of Fannin Etheridge Flournoy
Fowler of Treutlen Fulford
Funk Hale Hill
Keyton King Laite Lane Leonard Logan McClelland
McKemie Meeks Milhollin Moate
Moore Murphy
Payton Perry of Marion Pickard
Rainey Richardson Rowland Rutland Singer Smith of Emanuel Smith of Habersham
Story Stuckey Tabb Wells of Peach
White Wilson of Cobb
On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Rainey of Crisp stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 316.
HB 312. By Messrs. Hull, Bell and Fleming of Richmond, Kelly of Jasper and others: A Bill to be entitled an Act to be known as the "Apartment Ownership Act", to be applicable only to property owners subscribing the same; and for other purposes.
The following amendment was read and adopted:
Mr. Hull of Richmond moves to amend HB 312 as follows: 'By in serting the word "ninety" in the blank space found at the end of line one of Section 24 on page 12 thereof.'
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.
WEDNESDAY, FEBRUARY 20, 1963
653
Those voting in the affirmative were Messrs.:
Abney Alien Andrews Arnsdorff Ballard Barber Bedgood Bell Black Blair Bolton Bowen of Randolph Bowen of Dawson Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk
Deen of Bacon
DeVane
Dicus
Dixon
Dorminy
Duncan of Fannin
Etheridge
Fleming
Flournoy
Floyd
Flynt
Fowler of Douglas
Fulford
Funk
Gibbons
Groover
Hall
Harrell
Harrington Harris Henderson Herndon Hill Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Lambert Lee of Clinch Lee of Dougherty Lewis Lindsey Lokey Lowrey
Matthews of Clarke
Matthews of Colquitt
McCracken
Melton
Mitchell
Morgan of Newton
Mullis
Murphy
Nessmith
Newton of Colquitt
Odom
Paris
Parker
Partridge
Perry of Marion
Peterson
Phillips
Pickard Ponsell Poole Pope Poss Raulerson Reaves Rhodes Roberts Roper Russell Scarborough Sewell Shaw Shea Shuman Sinclair Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story Stuckey Teague Todd Towson Tucker of Burke Twitty
Underwood of
Montgomery
Underwood of Taylor
Vaughn
Waldrop
Walker
Ware
Warren
Watson
Watts
Wells of Oconee
Wells of Camden
Wilkes
Williams of Coffee
Williams of Hall
Woodward
Voting in the negative was Mr. Leonard.
654
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Anderson Bagby Baughman Blalock of Coweta Blalock of Clayton Bowen of Toombs Branch Brantley Brooks of Fulton Caldwell Causby Clarke of Monroe Conger Crummey Duncan of Carroll Echols Fowler of Treutlen Greene Griffin Hale Horton
House Jones of Liberty Knight of Berrien Laite Lane Lee of Clayton Logan Mackay McClelland McDonald McGarity McKemie Meeks Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Newton of Jenkins Overby Pafford
Payton Perry of Evans Rainey Richardson Rodgers Rowland Rutland Sangster Simmons Simpson Singer Smith of Forsyth Smith of Emanuel Stalnaker Tabb Tucker of Catoosa Wells of Peach White Wilson of Brantley Wilson of Cobb
On the passage of the Bill, as amended, the ayes were 139, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Mackay of DeKalb 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 312.
Mr. Fleming of Richmond asked unanimous consent that HB 312 be imme diately transmitted to the Senate and the consent was granted.
HB 312 was ordered immediately transmitted to the Senate.
HB 280. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty and others:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Rural Roads Authority Act", so as to change the membership of said Author ity; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 20, 1963
655
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 Alien Arnsdorff Bagby Ballard Barber Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brown Busbee Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Groover Hall Harrell Harrington
Harris Henderson Herndon Hill Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford
Paris Parker Partridge Perry of Marion Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Roberts Roper Russell Sangster Scarborough Sewell Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Steis Story Stuckey Teague Todd Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Coffee Woodward
656
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Anderson Andrews Baughman Bedgood
Black Branch Brantley Brooks of Fulton Bynum Caldwell
Causby Conger Conner Crummey Duncan of Carroll Floyd Fulford
Greene Hale
Horton House Johnson of Elbert Jones of Liberty King Laite Lane Logan Lowrey McClelland McGarity McKemie
Moate Moore Overby Payton Perry of Evans Peterson Richardson
Rodgers
Rowland Rutland
Shaw Simmons Singer Smith of Emanuel Stalnaker
Tabb Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Wells of Peach White Williams of Hall Wilson of Brantley Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 281. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board, so as to provide that the Director of the Dept. shall not constitute the Ga. 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 Acree Alien Andrews
Arnsdorff Ballard Barber Bell
Black Blair Blalock of Coweta Bolton
WEDNESDAY, FEBRUAEY 20, 1963
657
Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Dicus Dorminy Dunean of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert
Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Keyton Killian Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell
Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Steis Story Stuckey Teague Todd Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Woodward
Those not voting were Messrs.:
Anderson Bagby Baughman Bedgood
Blalock of Clayton Bowen of Randolph Branch Brantley
Brooks of Fulton Caldwell Chandler Conger
658
Conner Crummey Been of Bacon DeVane Dixon Fulford Greene Griffin Hale Jones of Liberty Jordan of Floyd Kelly King Laite
JOURNAL OF THE HOUSE,
Lambert Lane
Logan Lowrey McClelland
McGarity Moate Moore Mullis
Overby Payton Rodgers Roper
Rowland
Rutland Simmons
Smith of Emanuel Snow Stalnaker
Tabb Tucker of Catoosa Twitty Wells of Peach
White Williams of Hall Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 282. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled the "State Toll Bridge Authority Act", so as to change the membership of the Author ity; and for other purposes.
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 Alien Anderson Andrews
Arnsdorff Ballard Barber Bell Black Blair Blalock of Coweta Bolton
Bowen of Randolph Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe
Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa
Clarke of Monroe Coker of Cherokee Coker of Turner Cullens
Davis Dean of Polk Been of Bacon DeVane Dorminy Duncan of Fannin Duncan of Carroll Echols
WEDNESDAY, FEBRUARY 20, 1963
659
Etheridge Fleming Flournoy Floyd Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey
Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers
Russell Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story Stuckey Teague Todd Towson Tucker of Burke Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Bagby Baughman Bedgood Blalock of Clayton Brackin Branch Brantley Brooks of Fulton Caldwell Causby Conger
Conner Crummey Dicus Dixon Flynt Fowler of Douglas Fulford Hale Hill Horton House Jones of Liberty
Jones of Worth Jones of Muscogee Jordan of Floyd Laite Lane Logan Lowrey McGarity Moate Moore Mullis Nessmith
660
Overby Payton Phillips Roper Rowland Rutland Simmons
JOURNAL OP THE HOUSE,
- Smith of Emanuel Stalnaker Tabb Tucker of Catoosa Twitty Underwood of
Montgomery
Wells of Peach White Williams of Hall Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 283. By Messrs. Bolton of Spalding, Smith of Grady, Busbee of Dougherty, Andrews of Stephens, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled the "Ga. Highway Authority Act", so as to change the membership of said 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
Alien Anderson Andrews Arnsdorff Ballard Barber Bell
Black Blair
Blalock of Coweta Bolton
Bowen of Dawson Bowen of Toombs Brackin
Brooks of Oglethorpe Brown Busbee Bynum Byrd
Carr
Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner
Cullens Davis
Dean of Polk Deen of Bacon
DeVane Dicus Dorminy
Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming
Flournoy
Floyd Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin
Groover Hall
Harrell Harrington
Harris Henderson Herndon
Horton Houston Hurst Isenberg Johnson of Elbert
WEDNESDAY, FEBEUAEY 20, 1963
661
Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian Kirkland Knight of Laurens Knight of Berrien
Laite Lambert Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt
McClelland McCracken McDonald McKemie Melton Milford
Mitchell Mixon
Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt
Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole
Pope Poss Eainey Reaves Ehodes Richardson Eoberts Eodgers Eoper Eussell Sangster Scarborough Sewell Shaw Shea
Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes
Steis Teague Todd Towson Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Bagby Baughman Bedgood Blalock of Clayton Bowen of Eandolph Branch Brantley Brooks of Fulton
Caldwell Causby Conger Crummey Dixon Flynt Fulford Hale
Hill House Hull Jones of Liberty Jordan of Floyd
King Lane Lee of Clayton
Logan McGarity Meeks Milhollin Moate Moore Morgan of Gwinnett
Mullis Nessmith
Phillips Eaulerson Rowland Rutland Simmons Smith of Emanuel Stalnaker
Story Stuckey Tabb Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Wells of Peach
White
On the passage of the Bill, the ayes were 154, nays 0.
662
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 305. By Messrs. Fleming, Bell and Hull of Richmond: A Bill to be entitled an Act to amend an Act entitled an Act to amend the Code of Ga. of 1933, by adding a new section to Chap. 38-21 to pro vide methods of service upon persons where service of notice is required; and for other purposes.
The following amendments were read and adopted:
Mr. Cullens of Bartow moves to amend HB 305 as follows: By adding the words "and where such person is not represented by an attorney of record," following the word "known" in the 1st line of Section (d).
Mr. Murphy of Haralson moves to amend HB 305 as follows: By striking from sub-section D of Section 1 the language
"by posting the notice required for service upon such person before the Court house door"
and inserting in lieu thereof the following language.
"by advertising the notice required for service one week in the legal organ".
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
Acree
Alien
"
Anderson
Andrews
Arnsdorff
Bagby
Ballard
Barber
Bell
Black
Blair
Blalock of Coweta
Blalock of Clayton Bolton Bowen of Randolph Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Coker of Cherokee
Coker of Turner Cullens Davis Dean of Polk Been of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Etheridge Fleming Flournoy Floyd
WEDNESDAY, FEBRUARY 20, 1963
663
Flynt Gibbons Greene Hall Harrington Harris Henderson Herndon House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Kirkland Knight of Laurens Knight of Berrien Lambert Lane Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken
McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Roberts Roper Russell
Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story Stuckey Todd Towson Underwood of Taylor Waldrop Walker Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs. Leonard and Tucker of Catoosa.
Those not voting were Messrs.:
Baughman Bedgood Bowen of Dawson Bowen of Toombs Branch Brantley Brooks of Fulton Caldwell Causby Clark of Catoosa Clarke of Monroe Conger
Conner Crummey Dixon Dorminy Echols Fowler of Douglas Fowler of Treutlen Fulford Funk Griffin Groover Hale
Harrell Hill Horton Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun Killian King Laite Lee of Clinch Lee of Clayton
664
Logan McGarity Moate Moore Mullis Perry of Marion Phillips Richardson
JOURNAL OF THE HOUSE,
Rodgers Rowland Simmons Singer Smith of Emanuel Stalnaker Tabb Teague
Tucker of Burke Twitty Underwood of
Montgomery Ware Wells of Peach White Mr. Speaker
On the passage of the Bill, as amended, the ayes were 143, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 49. By Mr. Watts of Talbot:
A Bill to be entitled an Act to amend an Act establishing a Board of County Commissioners for the County of Talbot, so as to divide Talbot County into 3 election districts; and for other purposes.
The following Senate amendment was read:
Senator Byrd of the 17th District moves to amend HB 49 as follows:
By adding in 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 4, to read as follows:
"Section 4. Not less than 30 nor more than 45 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 Ordinary of Talbot County to issue the call for an election for the purpose of submitting this Act to the voters of Talbot County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Talbot County. The ballot shall have written or printed thereon the words:
'For approval of the Act to divide Talbot County into 3 election districts; to provide that each district shall have one representative
WEDNESDAY, FEBRUARY 20, 1963
665
on the Board of County Commissioners; to provide for the time of election and tenure of office of such member; and for other purposes.
'Against approval of the Act to divide Talbot County into 3 election districts; to provide that each district shall have one rep resentative on the Board of County Commissioners; to provide for the time of election and tenure of office of such member; and for other purposes.'
"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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Talbot County. It shall be the duty of the Ordinary to hold and conduct such elec tion. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise pro vided 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."
By renumbering the present Section 4 as Section 5.
Mr. Watts of Talbot 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 49 was agreed to.
Mr. Bolton of Spalding 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.
666
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia, Thursday, February 21, 1963.
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 Dr. Joe Miller, President, Truett-McConnell College, Cleveland, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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 read the first time and referred to the Committees:
THURSDAY, FEBRUARY 21, 1963
667
HB 399. By Mr. Funk of Chatham:
A Bill to be entitled an Act creating the Savannah District Authority (Formerly The Savannah Port Authority for the harbor and port of Savannah; and for other purposes.
Referred to the Committee on Local Affairs.
HB 400. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to repeal an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes.
Referred to the Committee on Judiciary.
HB 401. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to repeal an Act providing for a procedure for voting by mail under certain circumstances for persons not in mili tary service, so as to provide that no provision of this Act shall affect the voting by mail privileges of military personnel; and for other pur poses.
Referred to the Committee on Judiciary.
HB 402. By Mr. Smith of Habersham:
A Bill to be entitled an Act to provide that the landowner shall be re sponsible for keeping that portion of all streams, branches, creeks, etc. that pass through their land free from brush and other debris; and for other purposes.
Referred to the Committee on Agriculture.
HB 403. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Carrollton, so as to provide for the rate of taxation for school purposes not to exceed 1.50 per centum per annum; and for other pur poses.
Referred to the Committee on Local Affairs.
HB 404. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act providing for organization of industrial de velopment corporations; and for other purposes.
Referred to the Committee on State of Republic.
668
JOURNAL OP THE HOUSE,
HB 405. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumpkin; and for other purposes.
Referred to the Committee on Local Affairs.
HR 144-405. By Messrs. Smith and Mitchell of Whitfield: A Resolution to compensate Ernest Head, Jr.; and for other purposes.
Referred to the Committee on Appropriations.
HR 145-405. By Mr. Murphy of Haralson:
A Resolution to authorize conveyance of certain property in Buchanan, Georgia, Haralson County, to the Board of Education of Haralson County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 406. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act known as the Georgia Fer tilizer Act of 1960, so as to define the word "lot" insofar as it applies in determining plant nutrient deficiency and penalties; and for other purposes.
Referred to the Committee on Agriculture.
HB 407. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to authorize any counties in this State having a population of between 46,000 and 47,000 to establish a law library; and for other purposes.
Referred to the Committee on Local Affairs.
HB 408. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to authorize the establishment of a Civil Service System in Clayton County for employees of Clayton County; and for other purposes.
Referred to the Committee on Local Affairs.
HR 146-408. By Mr. Wells of Oconee:
A Resolution proposing an amendment to the Constitution so as to pro vide that the Governing Authority of Oconee County may establish a fire protection system, and said County may provide funds for new equipment and other expenses for the Volunteer Fire Department; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, FEBRUARY 21, 1963
669
HB 409. By Messrs. Williams of Hall, Ware of Troup, and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide for fees to be paid for licensing of motor ve hicles for part of a year; and for other purposes.
Referred to the Committee on Ways and Means.
HB 410. By Mr. Flournoy of Cobb:
A Bill to be entitled an Act to establish an effective date for the Federal Census as used in the statutory law of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 411. By Mr. Flournoy of Cobb:
A Bill to be entitled an Act to amend an Act requiring the presentment of affidavit in proof of payment of taxes before obtaining license tags for motor vehicles; and for other purposes.
Referred to the Committee on Ways and Means.
HB 412. By Messrs. Branch and Alien of Tift:
A Bill to be entitled an Act to amend an Act repealing the charter then existing in the City of Tifton and providing a new charter for the City of Tifton, so as to provide that the Commissioners of said City shall have the power to place water pipes and sewer lines in the Streets; and for other purposes.
Referred to the Committee on Local Affairs.
HB 413. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act repealing the then existing Charter of the City of Tifton and providing an additional charter for the City of Tifton, relating to salaries of the Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 414. By Messrs. Branch and Alien of Tift:
A Bill to be entitled an Act to amend an Act repealing the Charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years; 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:
670
JOURNAL OF THE HOUSE,
HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether:
A Bill to be entitled an Act to provide that no State official shall be compensated for any ex-officio office unless the Act creating such office specifically provides for payment; and for other purposes.
HB 365. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure connected therewith; and for other purposes.
HB 366. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to further define and prescribe the purposes, powers and duties of the Tift County Development Authority; and for other purposes.
HB 367. By Messrs. Stalnaker and Peterson of Houston:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Houston; and for other purposes.
HB 368. By Messrs. Peterson and Stalnaker of Houston:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Centerville, so as to increase the maximum salary of the Mayor and Councilmen; and for other purposes.
HB 369. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to change the terms of the Superior Court of Charlton County of the Waycross Judicial Circuit; and for other pur poses.
HB 370. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county employees; and for other purposes.
HB 371. 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 so as to reduce the number of members of the Board to 3 members; and for other purposes.
THURSDAY, FEBRUARY 21, 1963
671
HB 372. By Messrs. Houston of Pierce, Warren of Wayne, Poss of Madison, and Coker of Cherokee:
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 exclude from the terms "retail sale" and "sale at retail", the sale of drugs prescribed by a physician; and for other purposes.
HB 373. By Mr. Perry of Evans:
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; and for other purposes.
HB 374. 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 change the corporate city limits; and for other pur poses.
HB 375. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act establishing fire prevention districts in Clayton County, so as to provide for a tax on the property located in fire prevention districts; and for other purposes.
HB 376. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act to incorporate the City of Forest Park, so as to extend the corporate city limits; and for other purposes.
HB 377. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, so as to provide payment of group insurance premiums for city employees of the City of Forest Park; and for other purposes.
HB 378. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Lovejoy, so as to change the name to the City of Lovejoy; and for other purposes.
HB 379. 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.
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JOURNAL OF THE HOUSE,
HR 138-379. By Mr. Branch of Tift:
A Resolution creating the "State Leased. Properties Study Committee"; and for other purposes.
HB 380. By Messrs. Bell and Hull of Richmond:
A Bill to be entitled an Act to amend an Act relating to definition of newspaper libel, so as to provide that opinions expressed in good faith by newspapers and candidates seeking public office shall not be libelous; and for other purposes.
HB 381. By Messrs. Dicus, Pickard and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Columbus; and for other purposes.
HB 382. By Messrs. Dicus, Jones and Pickard of Muscogee:
A Bill to be entitled an Act to create for the City of Columbus a Board of Commissioners to be known as "Medical Center Board of Commis-
HB 383. By Messrs. Dicus, Pickard and Jones of Muscogee: A Bill to be entitled an Act to amend the "Housing Authorities Law" in counties having a population of not less than 115,000 and not more than 125,000; and for other purposes.
HB 384. By Messrs. Wilson, Teague and Flournoy of Cobb: A Bill to be entitled an Act to provide a salary for the official full time court reporter of the Cobb Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
HB 385. By Messrs. Tucker and Clark of Catoosa, Floyd of Chattooga, Hale of Dade, Snow and Abney of Walker: A Bill to be entitled an Act to amend an Act creating the Lookout Judi cial Circuit, so as to provide for clerical assistance for the SolicitorGeneral of the Lookout Mountain Judicial Circuit; and for other purposes.
HB 386. By Messrs. Etheridge and McClelland of Fulton: A Bill to be entitled an Act to amend an Act relating to the qualifica tions of applicants for admission to the Practice of Law and relating to the residence requirements of applicants for admission to the practice of law; and for other purposes.
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673
HB 387. By Mr. Hull of Richmond:
A Bill to be entitled an Act to make it unlawful for any person, firm, corporation or association to advertise in any manner the price, terms of payment for, or quality of prescribed Ophthalmic material, eye or visual examination or service relative thereto; and for other purposes.
HB 388. By Messrs. Bagby of Paulding, Pope of Cherokee, Rowland of Johnson, Steis of Harris, Coker of Cherokee, Mackay of DeKalb and many others:
A Bill to be entitled an Act to amend an Act relating to workmen's compensation particularly to the amount, computation and payment of compensation paid by the employer; and for other purposes.
HB 389. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the Charter of the City of Macon, relating to the Clerk of the Recorder's Court; and for other purposes.
HB 390. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the Charter of the City of Macon, relating to the powers of the Recorder's Court; and for other purposes.
HB 391. By Messrs. Wilkes of Cook and Pickard of Muscogee:
A Bill to be entitled an Act to provide for uniform per diem and for expenses for the members of examining boards; and for other purposes.
HB 392. By Messrs. Roberts of Jones, Lewis of Wilkinson, Williams of Hall, Stuckey of Dodge, Moate of Hancock, Ballard of Newton, Underwood of Taylor, Morgan of Newton, Mitchell of Whitfield and others:
A Bill to be entitled an Act to prohibit any person, firm or corporation operating trucks hauling stone or gravel on the highways of this State, without having first taken precautionary measures to provide said trucks or other vehicles with protective coverings such as canvass, tarpaulin, metal or wood, so as to prevent spilling or discharge of such mixture or other substance therefrom; and for other purposes.
HB 393. By Mr. Parker of Screven:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Sylvania; and for other purposes.
HB 394. By Messrs. Conner of Jeff Davis, Wilkes of Cook, Jones of Worth, Fow ler of Douglas, Ware of Troup, Echols of Upson and Shea of Chatham:
A Bill to be entitled an Act to amend an Act relating to the various kinds of insurance, limits of risks, and reinsurance, so as to provide that
674
JOURNAL OF THE HOUSE,
no automobile liability insurance policy shall be issued unless coverage is provided therein for the protection of the insured against uninsured vehicle; and for other purposes.
HB 395. By Messrs. Fowler of Douglas and 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.
HK 139-395. By Messrs. Smith and Mitchell of Whitfield:
A Resolution authorizing Whitfield County, through its Commissioner of Roads and Revenues, to pay compensation to Mr. Fred Kimsey; and for other purposes.
HR 140-395. By Messrs. Mitchell and Smith of Whitfield: A Resolution to compensate Brooks Rizer; and for other purposes.
HB 396. By Messrs. Rutland, Mackay and Harris 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 shall be elected; and for other purposes.
HB 397. By Mr. Killian of Glynn:
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; and for other purposes.
HB 398. By Messrs. Smith of Grady, Busbee of Dougherty, Bolton of Spalding, Andrews of Stephens and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act relating to general provi sions concerning banks and banking, so as to define "city", "town" and "village"; and for other purposes.
SR 24. By Senator Pannell of the 54th:
A Resolution creating the Election Laws Study Committee; and for other purposes.
SB 40. By Senator Conway of the 41st:
A Bill to be entitled an Act to provide for the wearing of badges by poll workers; and for other purposes.
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675
SB 61. By Senator Salome of the 36th:
A Bill to be entitled an Act to amend Code Section 23-1403 of the Code of Georgia, relating to the powers of county police, so as to limit certain powers to the county of appointment or election; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolutions of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HR 116-292. Do Pass.
HR 94-188. Do Pass.
HR 61-137. Do Pass, by Substitute.
HR 45-107. Do Pass.
Respectfully submitted, Blalock of Coweta, Chairman.
Mr. Mackay of DeKalb 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 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 191. Do Pass.
HB 192. Do Pass.
HB 193. Do Pass.
HB 194. Do Pass.
HB 205. Do Pass, by Substitute.
HB 290. Do Pass, as Amended.
Respectfully submitted, Perry of Evans, Secretary.
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JOURNAL OF THE HOUSE,
Mr. Conner of Jeff Davis 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 209. Do Pass.
HB 394. Do Pass.
HB 395. Do Pass.
Respectfully submitted,
Conner of Jeff Davis,
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 46. Do Pass. SB 25. Do Pass. HB 386. Do Pass. HB 354. Do Pass. HB 248. Do Pass. HB 224. Do Pass. HB 127. Do Pass. HB 41. Do Not Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, sub mitted the following report:
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following
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677
Bills of the House and has instructed me, as Chairman, to report the same back to the House with the following recommendations:
HB 110. Do Pass. HB 196. Do Pass. HB 198. Do Pass. HB 236. Do Pass. HB 237. Do Pass. HB 336. Do Pass. HB 337. Do Pass. HB 338. Do Pass. HB 339. Do Pass. HB 341. Do Pass. HB 342. Do Pass. HB 343. Do Pass. HB 350. Do Pass. HB 351. Do Pass. HB 353. Do Pass. HB 357. Do Pass. HB 361. Do Pass. HB 362. Do Pass. HB 363. Do Pass. HB 136. Do Pass, by Substitute.
Respectfully submitted, Hale of Dade, 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 111. By Messrs. Keyton and Russell of Thomas:
A Bill to amend the Charter of the City of Thomasville, so as to provide for the method of electing members to the Board of Commissioners; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 116. By Messrs. Overby and Williams of Hall:
A Bill to incorporate the Town of Flowery Branch in Hall County, so as to change the name of the above mentioned municipality from "Town of Flowery Branch" to "City of Flowery Branch"; and for other purposes.
HB 118. By Mr. Causby of Gordon:
A Bill to incorporate the City of Calhoun, to organize the municipal government thereof; and for other purposes.
HB 119. By Messrs. Spikes and Ware of Troup:
A Bill to amend an Act creating the Civil and criminal court of Troup County; and for other purposes.
HB 134. By Mr. Hill of Meriwether:
A Bill to amend an Act providing and establishing a charter for the City of Woodbury, in the County of Meriwether; and for other purposes.
HB 137. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Bill to amend an Act establishing a new charter for the City of At lanta; to provide that the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta certain territory; and for other purposes.
HB 154. By Mr. Coker of Turner: A Bill to create a one member Commissioner of Roads and Revenues for Turner County; 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 214. By Mr. Shaw of Long: A Bill to provide that the Sheriff and Deputy Sheriff of Long County shall be placed upon a salary, plus compensation set forth; and for other purposes.
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679
HB 216. 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 218. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporter; and for other purposes.
HB 219. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.
HB 220. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County; into the one office of Tax Commis sioner of Clayton County; and for other purposes.
HB 221. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on a salary system in lieu of a fee system; and for other purposes.
HB 222. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act creating the Clayton Judicial Circuit, so as to provide personnel, offices, and supplies for the use of the Judge and Solicitor-General; and for other purposes.
HB 229. By Messrs. Key ton and Russell of Thomas:
A Bill to amend an Act creating and establishing a new charter for the City of Boston; 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:
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JOURNAL OF THE HOUSE,
HB 159. By Mr. Brown of Hart:
A Bill to create the office of Tax Commissioner of Hart County, so as to increase the Tax Commissioner's assistant's salary; and for other pur poses.
HB 166. By Mr. Wells of Camden:
A Bill to amend an Act incorporating the City of Kingsland, so as to' provide for an increase in ad valorem property taxes; and for other purposes.
HB 167. By Mr. Wells of Camden:
A Bill to authorize and empower the City of St. Mary's, Georgia to bor row the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations; and for other purposes.
HB 168. By Mr. Wells of Camden:
A Bill to amend an Act creating a new City charter and municipal gov ernment for the City of St. Mary's; to as to provide the mayor and council the authority to adopt ordinances; and for other purposes.
HB 172. By Mr. Parker of Screven:
A Bill to create a Screven County Industrial Development Authority; and for other purposes.
HB 179. By Mr. Jones of Liberty: A Bill to amend an Act to supplement the fees of the Ordinary of Lib erty County, so as to change such supplemental compensation; and for other purposes.
HB 180. By Mr. Jones of Liberty: A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Liberty County, so as to change the compensation of the County Commissioner; 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:
THURSDAY, FEBRUARY 21, 1963
681
HB 182. By Mr. Roper of Greene:
A Bill to amend an Act entitled "An Act to incorporate the City of Union Point, in the County of Greene; to provide for the election of Mayor; and for other purposes.
HB 183. By Mr. Hill of Meriwether:
A Bill to amend an Act incorporating the City of Warm Springs, so as to change the amount of ad valorem tax; and for other purposes.
HB 187. By Messrs. Walker and Gibbons of Lowndes:
A Bill to fix the compensation of the members of the Board of Educa tion of Lowndes County; and for other purposes.
HB 188. By Messrs. Walker and Gibbons of Lowndes:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Lowndes County; and for other purposes.
HB 203. By Mr. Milhollin of Coffee:
A Bill to amend an Act establishing a new charter for the City of Nicholls, so as to provide for two year terms for the Mayor and Alder man; and for other purposes.
HB 204. By Mr. Twitty of Mitchell:
A Bill to amend an Act to create a new charter for the City of Camilla; and for other purposes.
HB 211. By Mr. Wilkes of Cook:
A Bill to amend an Act creating and establishing a charter for the Town of Lenox, so as to give the Town counsel power and authority to lease specific property; and for other purposes.
HB 212. By Mr. Shaw of Long:
A Bill to amend an Act establishing the Commissioners of Roads and Revenues for Long County, so as to strike out the provision for per diem method of compensation and substitute a salary for the commis sioners; 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:
682
JOURNAL OP THE HOUSE,
HB 230. By Messrs. Keyton and Russell of Thomas:
A Bill to amend an Act creating and establishing a new charter for the City of Boston; and for other purposes.
HB 231. By Mr. Smith of Telfair:
A Bill to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of McRae; and for other purposes.
HB 232. By Mr. Lee of Clinch:
A Bill creating the Board of Commissioners of Roads and Revenues for Clinch County, so as to change the compensation of the Clerk of the Board of Commissioners of Roads and Revenues for Clinch County; and for other purposes.
HB 234. By Messrs. Griffin and Conger of Decatur:
A Bill to amend an Act incorporating the City of Bainbridge, so as to raise the age limit for employees eligible to participate in the retirement system of the City of Bainbridge; and for other purposes.
HB 76. By Messrs. Parker of Screven, Keyton of Thomas, Lane of Bulloch and others:
A Bill to amend an Act creating the Minimum Foundation Program of Education in Georgia, so as to change the method of calculating financial ability of local units of administration; and for other purposes.
HB 147. By Messrs. Busbee of Dougherty, Knight of Laurens and others:
A Bill to create the "Georgia Real Estate Investment Board"; to provide for the composition, powers, duties, and authority of the Board; 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 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th and others:
A Bill to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, self-governing bar associa tion to be known as the "State Bar of Georgia" and to repeal conflicting laws; and for other purposes.
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683
SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th and others:
A Bill to amend an Act relating to the payment of education grants, approved January 31, 1961 (Ga. Laws 1961, p. 35), as amended by an Act approved March 3, 1962 (Ga. Laws 1962, p. 552), so as to provide the method by which such grants shall be paid; and for other purposes.
SB 77. By Senators Brown of the 34th, Salome of the 36th and others: A Bill to amend an Act establishing a new Charter for the City of East Point in Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862 et seq.) and the several Acts amendatory threeof; 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 82. By Senator Harrison of the 48th:
A Bill to authorize the Commissioner of Agriculture to determine, estab lish and promulgate grades and standards of quality of citrus fruit offered for sale or held for sale in this State; and for other purposes.
SR 47. By Senator Kidd of the 25th:
A Resolution requesting that the members of the United States Congress from Georgia to sponsor and support legislation allowing certain tax exemptions for persons paying certain educational expenses; and for other purposes.
SB 4. By Senator Zorn of the 6th:
A Bill to amend Chapter 89-5 of the Code of Georgia, relating to vacan cies and resignations of public officers, to provide a procedure for suspending and removing any officer upon conviction of moral turpi tude; 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:
684
JOURNAL OP THE HOUSE,
SB 68. By Senator Gillis of the 20th:
A Bill to amend Code Chapter 13-9, relating to the incorporation of banks, as amended, so as to require that all the capital stock of every bank applying for a charter be paid in; and for other purposes.
SB 70. By Senator Gillis of the 20th:
A Bill to amend Code Section 13-2024, relating to ownership of realestate by banks, so as to change the percentage that a bank may invest in real and personal property; and for other purposes.
SB 71. By Senator Gillis of the 20th:
A Bill to amend Code Sec. 13-904, relating to applications for bank char ters, as amended by an Act approved Feb. 21, 1955 (Ga. L. 1955, p. 201), so as to change the fee paid by applicants; and for other purposes.
SB 79. By Senators Brown of the 34th, Wesberry of the 37th and others: A Bill to amend an Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.) and the several Acts amendatory thereof; and for other purposes.
SB 78. By Senators Brown of the 34th, Wesberry of the 37th and others: A Bill to amend an Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862 et seq.) and the several Acts amendatory thereof; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 4. By Senator Zorn of the 6th: A Bill to be entitled an Act to amend Chapter 89-5 of the Code of Geor gia, relating to vacancies and resignations of public officers, to provide a procedure for suspending and removing any officer upon conviction of moral turpitude; and for other purposes.
Referred to the Committee on Judiciary.
SR 47. By Senator Kidd of the 25th:
A Resolution requesting that the members of the United States Congress from Georgia to sponsor and support legislation allowing certain tax exemptions for persons paying certain educational expenses; and for other purposes. Referred to the Committee on Education.
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685
SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th and others:
A Bill to be entitled an Act to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, selfgoverning bar association to be known as the "State Bar of Georgia"; and for other purposes.
Referred to the Committee on Judiciary.
SB 68. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Chapter 13-9 relating to the incorporation of banks, as amended, so as to require that all the capital stock of every bank applying for charter be paid in; and for other pur poses.
Referred to the Committee on Banks and Banking.
SB 70. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-2024, relating to ownership of real estate by banks, so as to change the percentage that a bank may invest in real and personal property; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 71. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-904, relating to applications for bank charters, so as to change the fee paid by applicants.
Referred to the Committee on Banks and Banking.
SB 77. By Senators Brown of the 34th, Salome of the 36th, Brewer of the 39th and others:
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, approved August 19, 1912 (Ga. L. 1912, p. 862 et seq.) and the several Acts amendatory thereof; and for other purposes.
Referred to the Committee on Local Affairs.
SB 78. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862 et seq.); and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OP THE HOUSE,
SB 79. By Senators Brown of the 34th, Wesberry of the 37th and others:
A Bill to be entitled an Act establishing a new Charter for the City of East Point, in the County of Pulton, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.); and for other purposes.
Referred to the Committee on Local Affairs.
SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th and others:
A Bill to be entitled an Act relating to the payment of education grants, so as to provide the method by which such grants shall be paid; and for other purposes.
Referred to the Committee on Education.
SB 82. By Senator Harrison of the 48th:
A Bill to be entitled an Act to authorize the Commissioner of Agricul ture to determine, establish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; and for other purposes.
Referred to the Committee on Agriculture.
The following Resolutions of the House were read and adopted:
HR 147. By Messrs. Smith of Grady, and Hill of Meriwether, and many others:
A RESOLUTION
Expressing regrets at the passing of Honorable Cecil D. Crummey, Representative, Wilcox County; and for other purposes.
WHEREAS, Honorable Cecil D. Crummey, Representative, Wilcox County, passed away on February 20, 1963; and
WHEREAS, he was an outstanding civic and business leader of his community being a contractor and farmer and owning an ice plant, theatre and warehouse; and
WHEREAS, he was born in Rochelle, Georgia in Wilcox County, and served as Alderman of the City of Rochelle and Mayor of the City of Rochelle; and
WHEREAS, he was a leader in many worthwhile endeavors, being honored by the United States Treasury Department for his activities in selling War Bonds during World War II and being Chairman of the Polio Drive in Wilcox County for many years; and
THURSDAY, FEBRUARY 21, 1963
687
WHEREAS, he has served as a State Senator and a member of this Body and was one of the most beloved and respected members of the General Assembly and his death is a shock and a great personal loss to every member of this Body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Honorable Cecil D. Crummey, 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 Cecil D. Crummey.
The following members were appointed as an Honorary Escort to attend the funeral services of Representative Crummey to represent the membership of the House of Representatives:
Messrs. Smith of Telfair, Coker of Turner, Rainey of Crisp, Sangster of Dooly, Anderson of Pulaski, Dorminy of Ben Hill, Stuckey of Dodge and Mixon of Irwin.
HR 152. By Mr. Smith of Grady:
A RESOLUTION
Expressing regrets at the passing of Honorable R. A. Lamb; and for other purposes.
WHEREAS, Honorable R. A. Lamb of Danville, Georgia, passed away on Wednesday, February 20, 1963; and
WHEREAS, he was the brother-in-law of Representative J. R. (Jim) Mullis of Bleckley County; and
WHEREAS, his passing will be a great loss to all citizens of his locality and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Honorable R. A. Lamb, and the sympathy of all the mem bers 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 R. A. Lamb.
688
JOURNAL OF THE HOUSE,
By unanimous consent, the following Resolution of the House was read and referred to the Committee on Special Judiciary:
HR 153. By Mr. Duncan of Carroll:
A RESOLUTION
Creating a committee to function as a liaison between the Governor and Tommy Reynolds Productions, Inc. on matters pertaining to the making of a movie on tourist attractions in the State of Georgia; and for other purposes.
WHEREAS, the State of Georgia has numerous scenic recreational locations which offer many relaxing attractions to all the people of this great country; and
WHEREAS, it is the desire of the members of this body and of all the people of Georgia that the tourist attractions of this State be widely publicized all over the world; and
WHEREAS, negotiations have been undertaken with the Tommy Reynolds Productions Company to film and produce a movie of the tour ist attractions of the State of Georgia; and
WHEREAS, the Governor will need to be kept informed as to the progress of this production;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to be composed of two members of the House to be appointed by the Speaker for the purpose of working with Tommy Reynolds Productions, Inc. and to advise, inform and otherwise act as a liaison between said Tommy Reynolds Productions, Inc. and the Governor. Said committee is author ized to function between March 15, 1963 and October 1, 1963. The mem bers of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim committees; provided, however, that such compensation, per diem, expenses, and allowances shall only be allowed for fifteen (15) days during this period of time. 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.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 110. By Messrs. Towson and Knight of Laurens:
A Bill to be entitled an Act to create the City of Dublin and County of Laurens Development Authority; 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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689
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 196. By Messrs. Etheridge and McClelland of Pulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to enlarge 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 198. By Messrs. McClelland and Etheridge of Pulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta relating to 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 236. By Messrs. McClelland and Etheridge of Fulton: A Bill to be entitled an Act 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 that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
690
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 237. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to annual reports; 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 336. By Mr. Fowler of Douglas: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Douglas County, so as to provide that the Board of Commissioners shall have the power to furnish the Sheriff a cash allowance; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 337. By Mr. Fowler of Douglas: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Douglasville; and for other purposes.
The report 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 21, 1963
691
The Bill, having received the requisite constitutional majority, was passed.
HB 338. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to create the Douglas County Study Com mission for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recommen dations as to the most expedient method to improve Douglas County in the future; and for other purposes.
The report 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 339. By Messrs. Laite, Groover and House 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 describe new territory to become a part 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 341. By Messrs. Lowrey and Jordan of Floyd: A Bill to be entitled an Act to amend an Act changing the compensation of Floyd County officers from a fee system to a salary system, and relating to uniforms for the Sheriff and his Deputies; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
692
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 342. By Messrs. Lowrey and Jordan of Floyd:
A Bill to be entitled an Act to amend an Act changing the compensation of Floyd County officers from a fee to a salary system, so as to author ize an additional deputy sheriff for $385.00 per month; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 343. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Troup County, so as to provide that the Judge may require sureties on personal appearance 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 350. By Mr. Johnson of Warren:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Warren County on a salary in lieu of a fee system; 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.
THURSDAY, FEBRUARY 21, 1963
693
The Bill, having received the requisite constitutional majority, was passed.
HB 351. By Mr. Johnson of Warren:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the Ordinary of Warren County, so as to place the compensa tion of the Ordinary of Warren 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 353. By Messrs. Spikes 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 provide for a Board of City Registrars; and for other purposes.
The report 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 357. By Mr. Sangster of Dooly: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Vienna, so as to empower its governing authorities to pre scribe by ordinance the assessment of ad valorem tax on all classes of property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
694
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 361. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to repeal certain laws relating to duties of Clerks of Superior Courts and compensation paid for such 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 362. By Messrs. Tucker and Clark of Catoosa:
A Bill to be entitled an Act to repeal an Act providing for a clerical assistant to the Sheriff of Catoosa 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 363. By Messrs. Ponsell and Dixon of Ware:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.
The report 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 21, 1963
695
HB 136. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Bill to be entitled an Act to amend an Act providing for pensions for members of the Police Departments in cities having a population of 150,000 or more; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To amend an Act approved February 15, 1933 (Ga. L. 1933, p. 213 et seq.) providing for pensions for members of police departments in cities having a population of 150,000 or more according to the last census of the United States or any subsequent census thereof, and for other purposes, so as to provide additional pen sion benefits for all members of the police department of such cities who have served in excess of 30 years at the time of retirement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, and it is hereby enacted by authority of same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows:
SECTION 1
The pension benefits provided by this section and the several sub sections shall be in lieu of like pension benefits provided by existing provisions of this Act.
(a) Any member of the police departments of such cities eligible for a pension who is in the employment of such cities prior to the effec tive date of this amendment may elect to come under the provisions of this amendment by making written application to the Pension Board prior to July 1, 1963. 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 members of the police departments in the employment of such cities on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment.
(b) When such member shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such member during the twelve (12) months immediately preceding his retirement but said pension payment shall not exceed $150.00 per month, except as hereinafter provided.
In case the member has served 26 years, or more, the amount of the pension payment shall be increased $5.00 per month for each full year's active service in excess of 25 years.
696
JOURNAL OP THE HOUSE,
In case the member has served 30 years, or more, the amount of the pension shall be increased an additional $5.00 per month for each full year's active service in excess of 30 years.
The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served.
(c) The total pension benefits as provided by this Act, as now amended, shall be limited in the following particulars: The total pension benefits plus any social security benefits that may inure to such person by reason of his employment by such city shall not exceed 75% of his average monthly salary averaged for the last year of his employment as herein provided. The board of trustees shall establish rules to carry out this restriction, which shall not apply to social security benefits inuring to such person by reason of other employment.
(d) The sum of 5% of the salary, not exceeding $300.00 per month, paid to such member in the event he does not provide for payment of a pension to his beneficiary as authorized by this Act, as amended, and the sum of 6% of the salary, not exceeding $300.00 per month, in the event he does provide for the continuance of the pension to his bene ficiary, shall be deducted from the salaries or wages of all such members who consent and agree to the provisions of this amendment. Like deduc tions shall be made from the salaries of those required to come under this amendment. The sums shall be retained by the comptroller or other chief finance officer of the city, as the case may be, and are hereby set apart as a pension fund, free from the control of any such city for any other purpose or expenditure.
(e) 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 the preceding section, 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 city, the payments shall begin with the employment or qualification for service.
(f) Any member who shall elect to come under the terms of this amendment and who shall retire within three (3) years of the effective date of this Act, shall pay or shall have paid into the pension fund an amount equivalent to 1% of his salary used in computing his retirement pay, for said three (3) year period.
(g) All regular members of such police departments eligible for participation, in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act.
SECTION 2
Should said fund at any time be insufficient to meet and pay the pensions due to such members, such governing authorities shall appro-
THURSDAY, FEBRUARY 21, 1963
697
priate from current funds other than funds derived from ad valorem taxation sufficient amounts to make up the deficiency as it relates to such members.
SECTION 3
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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 262. By Messrs. Payton and Blalock of Coweta:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta 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 328. By Messrs. Gibbons and Walker of Lowndes:
A Bill to be entitled an Act to provide a method for the registration of voters and for their examination in certain counties; 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.
698
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 329. By Messrs. Pope and Coker of Cherokee:
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 Cherokee, so as to change the compensation of the clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 334. By Mr. Mullis of Bleckley: A Bill to be entitled an Act to amend an Act relating to the salaries of county officers of Bleckley County, so as to change the compensation of the Ordinary of Bleckley 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 335. By Mr. Mullis of Bleckley: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Bleckley, so as to change the compensation of the Commissioner of Roads and Revenues in and for the County of Bleckley; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 335 as follows:
By striking from Section 1 thereof the words and figure "twentyfive ($25.00) dollars per month" and inserting in lieu thereof the words and figure "one hundred ($100.00) dollars per month".
THURSDAY, FEBRUARY 21, 1963
699
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 208. By Messrs. Shea, Funk and Richardson of Chatham:
A Bill to be entitled an Act to amend Code Section 67-117, relating to the procedure for cancellation of mortgages, so as to provide an addi tional method of cancellation; and for other purposes.
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 Acree Alien Anderson Arnsdorff Barber Baughman Bedgood Bell Black Bolton Bowen of Dawson Branch Brantley Brown Busbee Byrd Caldwell Carr
Causby
Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Echols Fleming Flournoy Floyd Fowler of Douglas Gibbons Greene
Griffin
Groover Harrell Harrington Harris Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Muscogee Keadle Killian King Kirkland Knight of Laurens Knight of Berrien
Laite
700
JOURNAL OF THE HOUSE,
Lambert Lane Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lowrey McCracken McGarity Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt
Odom Pafford Partridge Perry of Evans Peterson Ponsell Pope Poss Raulerson Reaves Rhodes Richardson Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham
Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Teague Todd Towson Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Andrews Bagby Ballard Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Bynum Conger Conner Crummey Cullens Dicus Dorminy Duncan of Carroll Etheridge Flynt Fowler of Treutlen Fulford Funk Hale Hall
Henderson Herndon Hurst Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Kelly Keyton Lee of Clayton Logan Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald McKemie Morgan of Gwinnett Mullis Overby Paris Parker Payton Perry of Marion
Phillips Pickard Poole Rainey Roberts Rodgers Roper Rowland Russell Rutland Sangster Simmons Smith of Emanuel Story Stuckey Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Wells of Peach White Wilkes Woodward Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0.
THURSDAY, FEBRUARY 21, 1963
701
The Bill, having received the requisite constitutional majority, was passed.
HB 112. By Mr. Dean of Polk: A Bill to be entitled an Act to authorize excused absences from the public schools for those children serving as pages for the General As sembly of Georgia during the school year; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Education moves to amend HB 112 by adding the following sentence to the end of Section I. "The effective date of this Act shall be January 1, 1963."
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 Acree Alien Anderson Arnsdorff Bagby Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler
Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Gibbons Greene Groover Harrell Harrington Harris House
Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Keadle Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Matthews of Clarke Matthews of Colquitt McCracken McGarity Meeks Melton
702
JOURNAL OP THE HOUSE,
Milford Milhollin Mitchell Mixon Moate Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell
Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Scarborough Sewell Shea Shuman Simp son Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Steis Stuckey Tabb Teague Todd Towson Underwood of
Montgomery Underwood of Taylor Waldrop Walker Watson Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Andrews Ballard Bell Bolton Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Conger Conner Crummey Dicus Dixon Dorminy Funk Griffin Hale Hall Henderson Herndon Hill Horton
Houston Hurst Jones of Liberty Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Lane Logan Lowrey Mackay McClelland McDonald McKemie Morgan of Gwinnett Mullis Nessmith Parker Payton Roper
Rowland Russell Rutland Sangster Shaw Simmons Smith of Emanuel Stalnaker Story Tucker of Catoosa Tucker of Burke Twitty Ware Warren Wells of Peach White Wilkes Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
THURSDAY, FEBRUARY 21, 1963
703
HB 246. By Messrs. Richardson of Chatham, Flournoy of Cobb, Groover of Bibb, and others:
A Bill to be entitled an Act to amend an Act effecting a complete revision of the Laws of this State relating to the qualification and registration of voters, so as to provide for registration at places other than the office of the registrars; and for other purposes.
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 Acree Alien Anderson Andrews Bagby Ballard Barber Baughman Black
Blair Blalock of Clayton Bolton Bowen of Dawson Brackin
Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr
Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon
Duncan of Fannin Duncan of Carroll
Echols Etheridge Fleming Flournoy Fowler of Douglas Greene Griffin Groover Harrington Harris Herndon Horton House Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin
Keadle Killian King Kirkland Knight of Laurens
Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis Lindsey Lokey
Mackay Matthews of Clarke Matthews of Colquitt
Melton Milford Mitchell Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Pafford Paris Partridge Payton Perry of Marion Peterson Phillips Ponsell Pope Poss Rainey Raulerson Rhodes Richardson Roberts Rutland Scarborough Sewell Shea Shuman Simpson Sinclair
704
JOURNAL OF THE HOUSE,
Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story
Tabb Teague Todd Towson Underwood of
Montgomery
Waldrop Walker
Watson Watts Wells of Oconee Wells of Camden Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs. Jones of Muscogee and Pickard.
Those not voting were Messrs.:
Arnsdorff Bedgood Bell Blalock of Coweta Bowen of Randolph Bowen of Toombs Brantley Brooks of Fulton Coker of Turner Conger Conner Crummey Dicus Dorminy Floyd Flynt Fowler of Treutlen Fulford Funk Gibbons Hale Hall Harrell Henderson Hill
Houston Jones of Worth Jordan of Floyd Jordan of Calhoun Kelly Keyton Knight of Berrien Lane Leonard Logan Lowrey McClelland McCracken McDonald McGarity McKemie Meeks Milhollin Mixon Mullis Nessmith Newton of Colquitt Overby Parker Perry of Evans
Poole Rodgers Roper Rowland
Russell Sangster Shaw Simmons Singer Smith of Emanuel Stalnaker Stuckey Tucker of Catoosa Tucker of Burke
Twitty Underwood of Taylor Ware Warren Wells of Peach White Wilkes Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 128, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 126. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act regulating Traffic on Highways", so as to define the term "Limited-accress State Highway;" and for other purposes.
The Committee on State of Republic offered an amendment which was lost.
THURSDAY, FEBRUARY 21, 1963
705
The following amendment was read and adopted:
Mr. Bolton, of Spalding, moves to amend HB 126 by striking Sec tion 6 of said Bill, as amended by the Committee on State of Republic, in its entirety and substitute a new section in lieu of the committee amendment, said section to be numbered and designated Section 6, as follows:
"SECTION 6
"Said Act, as amended, is hereby amended by adding to Article XII, Section 93, a new subparagraph to be known as 'Subparagraph (e)', to read as follows:
"(e) The State Highway Board and local authorities may with respect to any limited-access highway or street under their respec tive jurisdiction prohibit or restrict the stopping, standing, or park ing of vehicles at any place within the boundary lines of the rightof-way of such limited-access highway or street. The State Highway Board or the local authority adopting any such prohibitory or re strictive regulation shall erect and maintain official signs on the limited-access highway or street on which such regulations are ap
plicable and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs.",
and to further amend said Bill by adding to the caption, immediately before the words "to repeal conflicting laws", the words and punctuation "to authorize the State Highway Board and local authorities to prohibit or restrict the stopping, standing, or parking of vehicles within the right of way boundary lines of any limited-access highway or street under their respective jurisdictions;", and by changing the number of the present Section 6 thereof to Section 7.
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 follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman
Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson
Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance
706
JOURNAL OF THE HOUSE,
Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee
Jordan of Calhoun Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McCracken McGarity McKemie Meeks Melton Milford Mitchell Mixon Moore Morgan of Gwinnett Newton of Jenkins Odom Paris Perry of Marion Perry of Evans Pickard Ponsell Pope Poss Rainey Raulerson Reaves Rhodes
Richardson Roberts Rutland Sangster Scarborough Sewell Shea Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story Stuckey Tabb Teague Towson Tucker of Burke Vaughn Waldrop Walker Ware Watson Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs. Morgan of Newton and Murphy.
Those not voting were Messrs.:
Bagby Bowen of Toombs Branch Brantley Brooks of Fulton Causby Clark of Catoosa Conger Conner Crummey
Cullens Davis Flynt Fowler of Treutlen Funk Henderson Herndon Hill Jones of Liberty Jordan of Floyd
Keadle Kelly Keyton Laite Lane Lee of Clinch Logan Mackay McClelland McDonald
THURSDAY, FEBRUARY 21, 1963
707
Milhollin Moate Mullis Nessmith Newton of Colquitt Overby Pafford Parker Partridge Payton Peterson
Phillips Poole Rodgers Roper Rowland Russell Shaw Simmons Smith of Emanuel Stalnaker Todd
Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Warren Wells of Peach White Wilkes Mr. Speaker
On the passage of the Bill, as amended, the ayes were 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 157. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to provide that notice of excavation of a public way be given public utilities, to provide that return notice be made by public utilities designating the location of facilities in such public way; to provide for penalty for violation of this Act; and for other pur poses.
Mr. Ballard of Newton asked unanimous consent that HB 157 be postponed from further consideration until Monday, February 25, 1963, and the consent was granted.
HB 157 was postponed until Monday, February 25, 1963.
HB 254. By Mr. Melton of Spalding: A Bill to be entitled an Act to amend Section 32-904 of the Georgia Code of 1933, relating to compensation of members of county boards of edu cation and procedure connected therewith, so as to authorize payment of per diem and reimbursement of expenses incurred by a member meeting or traveling as a member of a committee of a county board of education on business first authorized by the board; and for other purposes.
The following amendment was read and adopted:
Mr. Andrews of Stephens moves to amend HB 254 as follows: "By striking the word 'shall' in the 10th line of said Bill and inserting in lieu thereof the word 'may'."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
708
JOURNAL OP 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.:
Abney
Acree Anderson Andrews Arnsdorff
Bagby Ballard
Barber Baughman Bedgood Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe Brown Bynum Byrd Caldwell Carr Chance Chandler
Coker of Cherokec Coker of Turner Conner Cullens Davis Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Floyd Fowler of Douglas Fowler of Treutlen Greene Griffin Hale
Hall Harrell Harrington Harris Henderson Herndon Horton House Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Colquitt Overby
Pafford
Paris Partridge Payton Perry of Marion Ponsell Pope Poss Rainey Raulerson
Reaves Richardson Roberts Russell gangster Sewell Shea Shuman Simpson Sinclair Smith of Telfair
Snow Spikes Stalnaker Steis Story Stuckey
Tabb Teague Towson Tucker of Catoosa Underwood of Taylor Vaughn Waldrop Ware Watson Watts Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Busbee Causby Hill
Jordan of Calhoun Odom Rhodes
Smith of Habersham Tucker of Burke
THURSDAY, FEBRUARY 21, 1963
709
Those not voting were Messrs.:
Alien Bell Black Blalock of Clayton Bolton Bowen of Toonibs Brackin Brooks of Fulton Clark of Catoosa Clarke of Monroe Conger Crummey Dean of Polk Etheridge Fleming Flournoy Flynt Fulford Funk Gibbons Groover Houston Hull Johnson of Warren
Jones of Liberty Jones of Worth Jordan of Floyd Keadle Kelly Keyton Lane Lee of Clayton Logan Lokey McClelland McDonald McGarity McKemie Mullis Nessmith Newton of Jenkins Parker Perry of Evans Peterson Phillips Pickard Poole Rodgers
Roper Rowland Rutland Scarborough Shaw Simmons Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Todd Twitty Underwood of
Montgomery Walker Warren Wells of Peach Wells of Camden White Wilkes Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 127, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 7. By Senator Miller of the 50th:
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.
Mr. Story of Gwinnett moved that further consideration of SB 7 be post poned until Tuesday, February 26, 1963 and the motion prevailed.
SB 7 was postponed until Tuesday, February 26, 1963.
HR 100-230. By Mr. Williams of Hall:
A Resolution authorizing the granting of an easement across, through and over certain real property located in Hall County, Georgia; and for other purposes.
710
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Bolton of Spalding moves to amend HE 100-230 as follows:
'By adding at the end thereof the following: "Provided, however, in the event the easement and rights herein granted shall ever cease to be used for the purposes herein described, then said easement and rights shall cease and, same shall revert to the State of Georgia in fee simple."
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 Acree Anderson Andrews
Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brown Busbee Bynum Byrd Caldwell Causby Chance Clark of Catoosa Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane
Dixon Dorminy
Echols Etheridge Fleming Floyd Fowler of Douglas Fowler of Treutlen
Gibbons Greene Griffin Groover Hall Harris Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Keyton Killian Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clayton
Lee of Dougherty Leonard Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McGarity
Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Overby Paris Partridge Peterson Phillips
Pickard Rainey Raulerson Reaves Rhodes
Richardson Roberts Roper Russell Rutland Scarborough Sewell Shaw Shunian Simpson Sinclair
THURSDAY, FEBRUARY 21, 1963
711
Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague
Vaughn Waldrop Walker Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Voting in the negative was Mr. Pope.
Those not voting were Messrs.:
Alien Arnsdorff Blalock of Clayton Brantley Brooks of Oglethorpe Brooks of Fulton Carr Chandler Clarke of Monroe Conger Conner Crummey Cullens Dicus Duncan of Fannin Duncan of Carroll Flournoy Flynt Fulford Funk Hale Harrell Harrington Henderson Herndon
Hurst Jones of Liberty Jones of Worth Jordan of Floyd Kelly King Laite Lane Lee of Clinch Lindsey Logan McClelland McDonald McKemie Mullis Nessmith Newton of Colquitt Pafford Parker Payton Perry of Marion Perry of Evans Ponsell Poole Poss
Rodgers Rowland Sangster Shea Simmons Singer Smith of Emanuel Stuckey Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Ware Warren Watson Watts Wells of Peach White Wilkes Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 130, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
Mr. Pope of Cherokee stated that he inadvertently voted "Nay" on HR 100230 and would like to be recorded as voting "Aye".
712
JOURNAL OF THE HOUSE,
HR 108-267. By Mr. Ballard of Newton:
A Resolution authorizing the transfer of certain real property located in DeKalb County; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Andrews
Bagby Ballard Barber Bell Blair Bolton Bowen of Dawson Branch Brown Busbee Bynum Byrd Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Been of Bacon DeVane Dicus Dorminy Duncan of Carroll Fleming Flournoy Floyd Flynt Fowler of Douglas Griffin Groover
Hall Harrell Harris Henderson Hill
Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt Meeks Melton Milford Mitchell Mixon
Moate Moore Morgan of Gwinnett
Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Partridge Peterson Ponsell
Pope Poss Rainey Raulerson
Reaves Rhodes Roberts Roper Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Smith of Telfair Smith of Whitfield
Snow Spikes Stalnaker Steis Story Tabb Teague Todd
Towson Vaughn Waldrop Ware
THURSDAY, FEBRUARY 21, 1963
713
Warren Watson Wells of Oconee Williams of Coffee
Wilson of Brantley Woodward
Voting in the negative was Mr. Blalock of Coweta.
Those not voting were Messrs.:
Alien Arnsdorff Baughman Bedgood Black Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Pulton
Caldwell Chandler Conger Conner Crummey Dixon Duncan of Fannin Echols Etheridge Fowler of Treutlen Fulford Funk Gibbons Greene Hale
Harrington Herndon Hurst Jones of Liberty
Jones of Worth Jordan of Floyd Keadle Kelly Keyton Knight of Berrien Lee of Clinch Lee of Clayton Logan Lowrey McClelland McCracken McDonald McGarity McKemie Milhollin Mullis Overby Pafford Parker Payton Perry of Marion Perry of Evans
Phillips Pickard Poole Richardson Rodgers Rowland Simmons Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Stuckey Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Walker Watts Wells of Peach Wells of Camden White Wilkes Williams of Hall Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, the ayes were 124, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 109-267. By Mr. Ballard of Newton:
A Resolution authorizing the transfer of certain real property located in Fulton County; and for other purposes.
Mr. Blalock of Coweta moves that HR 109-267 be recommitted to the Com mittee on State Institutions and Property.
714
JOURNAL OF THE HOUSE,
On the motion to recommit the ayes were 70, nays 43.
HR 109-267 was recommitted to the Committee on State Institutions and Property.
HR 132-330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb,. Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify the Executive Order of the Governor, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Sec. 179 of the Fed. Int. Rev. Code, of 1954, on returns until next meeting of the Gen eral Assembly.
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 Acree Alien
Anderson Andrews Arnsdorff Bagby Barber Baughman Bedgood Bell Black Blair Bolton
Bowen of Randolph Bowen of Dawson Brackin Branch Brantley
Brooks of Oglethorpe Brown Busbee Bynum Byrd
Caldwell Carr
Causby Chance Chandler
Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy
Echols Etheridge Fleming Flournoy Floyd
Fulford Griffin Groover Hale Hall
Harrell Harrington
Harris Henderson Herndon
Horton House Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Killian Kirkland
Laite Lambert Lee of Dougherty Leonard Lewis
Lindsey Lokey Mackay Matthews of Clarke McCracken
McGarity McKemie
THURSDAY, PEBRUAEY 21, 1963
715
Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Newton Murphy Newton of Jenkins Odom Overby Paris Partridge Payton Perry of Evans Peterson Phillips Ponsell
Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Russell Rutland Sangster Scarborough Sewell Shaw Shea Shunian Simpson Sinclair Smith of Telfair
Smith of Habersham Smith of Whitfield Snow Stalnaker Steis Story Teague Todd Tucker of Catoosa Underwood of Taylor Vaughn Walker Warren Watson Wells of Oconee Williams of Coffee Wilson of Cobb Woodward
Those not voting were Messrs.:
Ballard Blalock of Coweta Blalock of Clayton Bowen of Toombs Brooks of Fulton Conger Conner Crummey Davis Duncan of Fannin Duncan of Carroll Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Hill Houston Hurst Jones of Liberty Jones of Worth Jordan of Floyd Keadle
Kelly Keyton King Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Logan Lowrey Matthews of Colquitt McClelland McDonald Morgan of Gwinnett Mullis Nessmith Newton of Colquitt Pafford Parker Perry of Marion Pickard Poole Rodgers Rowland
Simmons Singer Smith of Forsyth Smith of Emanuel Spikes Stuckey Tabb Towson Tucker of Burke Twitty Underwood of
Montgomery Waldrop Ware Watts Wells of Peach Wells of Camden White Wilkes Williams of Hall Wilson of Brantley Fowler of Gouglas Mr. Speaker
On the adoption of the Resolution, the ayes were 136, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
716
JOURNAL OF THE HOUSE,
HR 133-330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Resolution to ratify the Executive Order of the Governor suspending collection of income tax attributable to the inclusion of amounts received as subsistence allowances; 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 Alien Anderson Andrews Bagby Barber Baughman Bedgood Bell Black Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Dean of Polk Been of Bacon DeVane Dicus Dixon Dorminy
Echols Fleming Flournoy Floyd Fowler of Treutlen Fulford Gibbons Groover Hale Hall Harrell Harrington Harris Henderson Hill Horton House Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Killian Laite Lambert Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken
McKemie Meeks Melton Milford Mixon Moate Morgan of Newton Murphy Newton of Jenkins Odom Overby Paris Partridge Payton Perry of Evans Peterson Phillips Ponsell Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Sangster Scarborough Sewell Shea Shuman Simpson Smith of Forsyth Smith of Telfair Smith of Habersham
Snow Spikes Stalnaker Story Teague Todd
THURSDAY, FEBRUARY 21, 1963
717
Underwood of Montgomery
Underwood of Taylor Vaughn Watson Watts
Wells of Oconee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Arnsdorff Ballard Blalock of Coweta Blalock of Clayton Brooks of Fulton Causby Clark of Catoosa Conger Conner Crummey Cullens Davis Duncan of Fannin Duncan of Carroll Etheridge Flynt Fowler of Douglas Funk Greene Griffin Herndon Houston Hurst Jones of Liberty Jones of Worth Jordan of Floyd Keadle
Kelly Keyton King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Leonard
Logan McClelland McDonald McGarity Milhollin Mitchell Moore Morgan of Gwinnett Mullis Nessmith Newton of Colquitt Pafford Parker Perry of Marion Pickard Poole Rodgers Rowland
Russell Rutland Shaw Simmons Sinclair Singer Smith of Emanuel Smith of Whitfield Steis Stuckey Tabb Towson Tucker of Catoosa Tucker of Burke Twitty Waldrop Walker Ware Warren Wells of Peach Wells of Camden White Wilkes Williams of Coffee Wilson of Brantley Mr. Speaker
On the adoption of the Resolution, the ayes were 123, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 8. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend Code Section 32-1003 relating to the procedure for filling vacancies occurring in the office of county superintendent of schools in any county, so as to change the procedure for filling vacancies as may occur in such office in any county; and for other purposes.
718
JOURNAL OF THE HOUSE,
Mr. Horton of Putnam moved that further consideration of SB 8 be post poned until Tuesday, February 26, 1963, and bhe motion prevailed.
SB 8 was postponed until Tuesday, February 26, 1963.
HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware and others:
A Bill to be entitled an Act to amend an Act entitled the "Urban Rede velopment Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.
The following Committee amendment was read and adopted: Committee on Industry moves to amend HB 252 as follows: Amend the title and substitute Section 2 as follows.
In the fourth line of title immediately following "slum area"; to read as follows:
". . .; to clarify the purposes for which funds may be expended by municipalities in carrying out the purposes of the Act;"
Title will read as follows:
A BILL
"To be entitled an Act To amend an Act entitled the 'Urban Rede velopment Law', approved March 3, 1955 (Georgia Laws 1955, p. 354), as amended, so as to provide additional criteria for the defi nition of the term 'slum area'; to clarify the purposes for which funds may be expended by municipalities in carrying out the pur poses of the Act; to repeal conflicting laws; and for other pur poses."
Substitute for Section 2
SECTION 2
Said Act is further amended by adding to the end of Subsection (h), of Section 7 the following:
"The reasonable costs of removing, relocating and rearranging pub lic utility facilities within urban renewal areas shall constitute a cost of carrying out the purposes of this Act, and every municipality shall pay such reasonable costs."
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.
THURSDAY, FEBRUARY 21, 1963
719
The following amendment was read and adopted:
Killian of Glynn moves to amend HB 252 by striking from Section 1 in the 12th line and the 41st line thereof the words "diversity of owner ship," and by striking from Section 1 in the 14th line and the 42nd and 43rd lines thereof the words "defective or unusual conditions of title,".
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 Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk
Deen of Bacon DeVane Dixon Dorminy Duncan of Carroll Etheridge Fleming Flournoy Floyd Fowler of Treutlen Fulford Gibbons Griffin Groover Hall Harrell Harris Hill Horton House Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Killian King Laite Lambert Lane Lee of Clayton Leonard
Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Partridge Perry of Marion Peterson Phillips Pickard Ponsell Pope Poss Rainey Raulerson Rhodes
720
Richardson Roberts Roper Rutland Sangster Scarborough Sewell Shea Shuman Simpson Sinclair
JOURNAL OF THE HOUSE,
Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Teague Todd
Tucker of Burke Underwood of
Montgomery Vaughn Ware Watson Wells of Oconee Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Alien Blair Blalock of Clayton Brooks of Fulton
Causby Conger Crummey Dicus Duncan of Fannin Echols Flynt Fowler of Douglas Funk Greene Hale Harrington Henderson Herndon Houston Jones of Liberty Jones of Worth
Jordan of Floyd Kelly Keyton Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Dougherty
Logan McClelland McDonald Melton Mullis Overby Pafford Parker Payton Perry of Evans Poole Reaves Rodgers Rowland
Russell Shaw Simmons Singer Smith of Emanuel Stuckey Tabb
Towson Tucker of Catoosa Twitty Underwood of Taylor Waldrop Walker Warren Watts Wells of Peach Wells of Camden White Wilkes Wilson of Brantley Mr. Speaker
On the passage of the Bill, as amended, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 306. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend Sect. 30-102 of the Code of Georgia of 1933 relating to the subject of divorce, to clarify in regard to insane persons; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 21, 1963
721
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 Anderson Bagby Ballard Barber Baughman Bedgood Bell Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Car Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens DeVane Dorminy Echols Etheridge Fleming Flournoy Fowler of Treutlen Fulford Gibbons Groover Harrell Harrington
Harris Henderson Horton
House Hull Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Keadle Killian King Kirkland Laite Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt McCracken McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom
Overby Paris Partridge Peterson Phillips Pope Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Rutland Sangster Scarborough Sewell Shea Shuman Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker
Story Teague Todd Underwood of
Montgomery Walker Ware Watson Wells of Oconee Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Voting in the negative was Mr. Branch.
Those not voting were Messrs.:
Acree Alien
Andrews Arnsdorff
Blair Bowen of Toombs
722
JOURNAL OF THE HOUSE,
Brantley Brooks of Fulton Causby Conger Conner Crummey Davis Dean of Polk Deen of Bacon Dicus Dixon Duncan of Fannin Duncan of Carroll Floyd Flynt Fowler of Douglas Funk Greene Griffin Hale Hall Herndon Hill Houston Hurst Isenberg
Jones of Liberty Jones of Worth Jordan of Floyd Jordan of Calhoun Kelly Keyton Knight of Laurens Knight of Berrien Lee of Clinch Logan Matthews of Clarke McClelland McDonald McGarity Melton Mullis Pafford Parker Payton Perry of Marion Perry of Evans Pickard Ponsell Poole Poss Rodgers
Rowland Russell Shaw Simmons Simpson Sinclair Singer Smith of Enianuel Steis Stuckey Tabb Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Warren Watts Wells of Peach Wells of Camden White Wilkes Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 120, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill and others:
A Bill to be entitled an Act to amend an Act known as Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gaso line used on navigable waters, to provide there shall be no refund of tax paid on gasoline used in operating watercraft on navigable waters; and for other purposes.
The following amendment was read and adopted:
Isenberg of Glynn moves to amend HB 320 as follows:
By adding at the end of Section 2 the following:
"Provided, however, that nothing contained herein shall apply to the purchase of gasoline by any operators of water craft which contains a gasoline storage capacity in excess of 35 gallons and purchases by such operators are made at any facility located upon any part of what is commonly known as the Intercoastal Waterway. The tax on such purchases shall be refundable."
THURSDAY, FEBRUARY 21, 1963
723
Mr. Odom of Dougherty moved that further consideration of HB 320 be post poned until Monday, February 25, 1963.
On the motion to postpone the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Barber Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Brackin Branch Brooks of Oglethorpe Busbee Causby Clarke of Monroe Conger Cullens Dixon Etheridge
Fleming Fowler of Treutlen Gibbons Griffin Groover Harris House Johnson of Elbert Johnson of Warren Jones of Muscogee King Laite Lee of Dougherty Lindsey Lowrey Mackay Matthews of Clarke Meeks Milford
Mixon Nessmith Odom Partridge Peterson Pope Reaves Rhodes Richardson Roberts Roper Rutland Shea Smith of Forsyth Smith of Habersham Story Tucker of Catoosa Woodward
Those voting in the negative were Messrs.:
Abney Andrews Bagby Ballard Baughman Bell Blair Brown Bynum Byrd Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Dorminy Echols Flournoy Harrell Harrington Henderson
Horton Lambert Lane Lee of Clinch Leonard Lewis Lokey Matthews of Colquitt Milhollin Mitchell Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Overby Paris Phillips
Poss Rainey Raulerson Sangster Scarborough Sewell Shuman Sinclair Smith of Telfair Smith of Whitfield Snow Spikes Stuckey Teague Todd Tucker of Burke Underwood of Taylor Wells of Oconee Williams of Coffee Wilson of Cobb
724
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Arnsdorff Bedgood
Bowen of Randolph Bowen of Toombs Brantley Brooks of Fulton Caldwell Carr Chance Conner Crummey Davis Dean of Polk
Been of Bacon DeVane Dicus Duncan of Fannin
Duncan of Carroll Floyd Flynt Fowler of Douglas Fulford Funk
Greene Hale Hall Herndon Hill Houston Hull
Hurst Isenberg Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd
Jordan of Calhoun Keadle Kelly Keyton Killian Kirkland Knight of Laurens Knight of Berrien Lee of Clayton Logan McClelland McCracken McDonald McGarity McKemie Melton Mullis Pafford Parker Payton Perry of Marion Perry of Evans Pickard Ponsell
Poole Rodgers Rowland Russell
Shaw Simmons Simpson
Singer Smith of Emanuel Stalnaker Steis Tabb Towson Twitty Underwood of
Montgomery Vaughn Waldrop Walker Ware Warren
Watson Watts Wells of Peach Wells of Camden White Wilkes Williams of Hall Wilson of Brantley
On the motion to postpone HB 320 the ayes were 56, nays 60.
The motion was lost.
Mr. Groover of Bibb moved that HB 320 be tabled.
On the motion to table, the ayes were 58, nays 55.
The motion prevailed, and HB 320 was tabled.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
THURSDAY, FEBRUARY 21, 1963
725
HB 47. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to provide that the tax commissioners of certain counties shall be ex-officio sheriffs for the purposes of collecting tax fi. fas. which are issued by tax commissioners; and for other pur poses.
The following Senate amendment was read:
Rowan of the 8th moves to amend HB 47 as follows:
By striking from the title the words "be ex-officio Sheriffs for the purpose of collecting" and substituting in lieu thereof the words "have the power and authority to levy and collect" so that when so amended said title shall read as follows:
"An Act to provide that the Tax Commissioner of certain Coun ties shall have the power and authority to levy and collect tax fi-fas which are issued by the Tax Commissioners; to provide for the appointment of Deputies and their duties and responsibilities; to repeal conflicting laws; and for other purposes."
By striking from Section 1 the words "the Tax Commissioner of said Counties shall be ex-officio Sheriffs, possessed only with such pow ers, duties, and responsibilities while acting as such as is set forth by this Act"., and substituting in lieu thereof the words "the Tax Com missioner of said Counties shall be possessed with the additional powers, duties, and responsibilities as are set forth in this Act".
By striking from Section 2 the words "while acting as ex-officio Sheriff of his County".
By striking from Section 2 the third sentence therein and substi tuting in lieu thereof the sentence "For the purposes of collecting tax fi-fas, the Tax Commissioner is hereby vested with all such powers and authority as is by law granted to Sheriffs only insofar as levies, sales and conveyances of property are concerned".
By striking from Section 3 the words "while acting as ex-officio Sheriff".
Mr. Walker of Lowndes moved that the House agree to the Senate amend ment to HB 47.
On the motion to agree the ayes were 114, nays 0.
The Senate amendment was agreed to.
726
JOURNAL OF THE HOUSE,
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock Monday morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning.
MONDAY, FEBRUARY 25, 1963
727
Representative Hall, Atlanta, Georgia Monday, February 25, 1963
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 Reverend Ed Holloway, Pastor of the Macedonia Baptist Church, Lumpkin, Georgia.
The roll call was ordered and the following members answered to their names:
Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane
Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy
Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly
Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Mo ate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt
728
JOURNAL OF THE HOUSE,
Odom Overby Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Rowland
Russell
Rutland Sangster Scarborough Sewell Shaw Shea Shunian Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb
Teague
Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Mr. Clarke of Monroe, 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.
MONDAY, FEBRUARY 25, 1963
729
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 25, 1963, and submits the following:
HB 107. Ordinary's office, closing HR 45-107. Compensate Mollie B. Lane HR 61-137. Compensate Irvin David Suggs HB 157. Public Utilities, location (postponed) HR 94-188. Compensate Sarah Lynn Rountree HB 191. Relating to bank stock HB 192. Relating to purchase of stock HB 193. Regulate banking HB 194. Amendments to bank charters HB 205. Notes of indebtedness, counties, etc. HB 226. Barbers and Hairdressers, regulate (postponed) HR 116-292. Compensate Alien J. Faulkner HB 348. Sheriffs' Retirement Fund HB 354. Larceny of motor vehicles, punishment HB 386. Practice of law, admission
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Bolton of Spalding, Vice-Chairman
Richardson of Chatham, Secretary
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 415. By Mr. Steis of Harris:
A Bill to be entitled an Act to provide that no judge, ordinary, justice of the peace, notary public ex-officio justice of the peace or any other judicial officer may accept fees in excess of $1.00 for duties rendered in connection with traffic violations; and for other purposes.
Referred to the Committee on Judiciary.
730
JOURNAL OF THE HOUSE,
HB 416. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Bowdon; and for other purposes.
Referred to the Committee on Local Affairs.
HB 417. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide an exclusive method for the incorporation in this State of Savings and Loan Associations either with or without capital stock; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 418. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to qualification fee for candidates in general election of certain county offices, so as to provide for reasonable qualification fee due to be posted 10 days prior to special elections; and for other purposes.
Referred to the Committee on State of Republic.
HB 419. By Messrs. Groover, House and Laite of Bibb:
A Bill to be entitled an Act to create the Middle Georgia Coliseum Authority; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 420. By Messrs. Bolton of Spalding, Rutland of DeKalb, Smith of Grady, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide for a Board to inquire into abuses and irregularities in the enforcement of traffic laws and ordinances; and for other purposes.
Referred to the Committee on State of Republic.
HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta, Dicus of Muscogee and Harris of DeKalb:
A Bill to be entitled an Act to establish and constitute the Study Commission on Industrial Loan Business; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 422. By Mr. Mackay of DeKalb:
A Bill to be enttiled an Act to amend an Act relating to the imposition, rate of computation and exemptions from income taxation, so as to provide that certain distributions of corporate stock qualifying under Section 1111 of the Federal Internal Revenue Code of 1954 shall not be deemed a dividend; and for other purposes.
Referred to the Committee on Ways and Means.
MONDAY, FEBRUARY 25, 1963
731
HR 148-422. By Messrs. Pope and Coker of Cherokee:
A Resolution authorizing the conveyance of certain property in Cherokee County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 423. By Messrs. Killian of Glynn, Clarke of Monroe, Steis of Harris, Pickard of Muscogee and Paris of Barrow:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in the State public schools and other schools, so as to change the method of computing a member's service retirement allowance; and for other purposes.
Referred to the Committee on Education.
HB 424. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans, Lane and Nessmith of Bulloch, Williams and Milhollin of Coffee and others:
A Bill to be entitled an Act to amend an Act providing for the registra tion of trade-marks, so as to provide for the registration of service marks; and for other purposes .
Referred to the Committee on Judiciary.
HB 425. By Messrs. Bell and Fleming of Richmond:
A Bill to be entitled an Act to amend an Act relating to the probate of a will to common form, so as to include provisions that names and addresses of heirs at law are not required in probate of will in common form; and for other purposes.
Referred to the Committee on Judiciary.
HB 426. By Messrs. Steis of Harris and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide for a civil defense organiza tion in each county; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HR 149-426. By Messrs. Lane and Nessmith of Bulloch: A Resolution to compensate Mr. and Mrs. James Collins; and for other purposes.
Referred to the Committee on Appropriations.
HB 150-426. By Messrs. Steis of Harris and Andrews of Stephens: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to take appropriate legislative action
732
JOURNAL OF THE HOUSE,
to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack; and for other purposes.
Referred to the Committee on Defense and Veterans Affairs.
HR 151-426. By Mr. Roberts of Jones:
A Resolution to designate "The S. A. Hodge, Sr., Bridge; and for other purposes.
Referred to the Committee on Highways.
HB 427. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act relating to separate property of the wife, so as to make the wife's property liable to debts of the husband, so as to allow the wife to bind her estate and to sell it to extinguish her husbands debts; and for other purposes.
Referred to the Committee on Judiciary.
HR 154-427. By Mr. Lambert of Morgan: A Resolution proposing an amendment to the Constitution so as to remove the provisions stating that property of the wife shall not be liable for the debts of the husband; and for other purposes.
Referred to the Committee on Judiciary.
HR 155-427. By Mr. Newton of Colquitt: A Resolution to compensate Homer C. Patterson; and for other purposes.
Referred to the Committee on Appropriations.
HR 156-427. By Messrs. Teague, Flournoy and Wilson of Cobb: A Resolution to compensate Marietta Transport Company; and for other purposes.
Referred to the Committee on Appropriations.
HB 428. By Mr. Groover of Bibb: A Bill to be entitled an Act to amend an Act providing 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 Special Judiciary.
MONDAY, FEBRUARY 25, 1963
733
HR 157-428. By Messrs. Mackay of DeKalb and Roberts of Jones:
A Resolution compensating Bonnie J. Cranford and her husband, James U. Cranford; and for other purposes.
Referred to the Committee on Appropriations.
HB 429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens, Busbee of Dougherty and Funk of Chatham:
A Bill to be entitled an Act to amend an Act relating to the powers, duties, and rights of the Board of Health and the Director of the Department of Public Health, so as to authorize the Director to execute instruments to release proper parties from further compliance with certain contractual obligations; and for other purposes.
Referred to the Committee on State of Republic.
HR 158-429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty, Andrews of Stephens and Funk of Chatham:
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 159-429. By Messrs. Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens, Busbee of Dougherty, and Smith of Grady:
A Resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for petroleum products pipeline in Floyd and Barrow Counties; 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 399. By Mr. Funk of Chatham: A Bill to be entitled an Act creating the Savannah District Authority (Formerly The Savannah Port Authority for the harbor and port of Savannah); and for other purposes.
HB 400. By Mr. Caldwell of Upson:
A Bill to be entitled an Act to repeal an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes.
734
JOURNAL OF THE HOUSE,
HB 401. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to repeal an Act providing for a procedure for voting by mail under certain circumstances for persons not in military service, so as to provide that no provision of this Act shall affect the voting by mail privileges of military personnel; and for other purposes.
HB 402. By Mr. Smith of Habersham:
A Bill to be entitled an Act to provide that the landowner shall be responsible for keeping that portion of all streams, branches, creeks, etc. that pass through their land free from brush and other debris; and for other purposes.
HB 403. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Carrollton, so as to provide for the rate of taxation for school purposes not to exceed 1.50 per centum per annum; and for other purposes.
HB 404. By Mr. Chandler of Baldwin:
A Bill to be entitled an Act providing for organization of industrial development corporations; and for other purposes.
HB 405. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumpkin; and for other purposes.
HR 144-405. By Messrs. Smith and Mitchell of Whitfield: A Resolution to compensate Ernest Head, Jr., and for other purposes.
HR 145-405. By Mr. Murphy of Haralson:
A Resolution to authorize conveyance of certain property in Buchanan, Georgia, Haralson County, to the Board of Education of Haralson County; and for other purposes.
HB 406. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act known as the Georgia Fertilizer Act of 1960, so as to define the word "lot" insofar as it applies in determining plant nutrient deficiency and penalties; and for other purposes.
MONDAY, FEBRUARY 25, 1963
735
HB 407. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to authorize any counties in this State having a population of between 46,000 and 47,000 to establish a law library; and for other purposes.
HB 408. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to authorize the establishment of a Civil Service System in Clayton County for employees of Clayton County; and for other purposes.
HR 146-408. By Mr. Wells of Oconee: A Resolution proposing an amendment to the Constitution so as to provide that the Governing Authority of Oconee County may establish a fire protection system, and said County may provide funds for new equipment and other expenses for the Volunteer Fire Department; and for other purposes.
HB 409. By Messrs. Williams of Hall, Ware of Troup, and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide for fees to be paid for licensing of motor vehicles for part of a year; and for other purposes.
HB 410. By Mr. Flournoy of Cobb: A Bill to be entitled an Act to establish an effective date for the Federal Census as used in the statutory law of Georgia; and for other purposes.
HB 411. By Mr. Flournoy of Cobb: A Bill to be entitled an Act to amend an Act requiring the presentment of affidavit in proof of payment of taxes before obtaining license tags for motor vehicles; and for other purposes.
HB 412. By Messrs. Branch and Alien of Tift:
A Bill to be entitled an Act to amend an Act repealing the charter then existing in the City of Tifton and providing a new charter for the City of Tifton, so as to provide that the Commissioners of said City shall have the power to place water pipes and sewer lines in the Streets; and for other purposes.
HB 413. By Messrs. Alien and Branch of Tift: A Bill to be entitled an Act to amend an Act repealing the then existing Charter of the City of Tifton and providing an additional charter for the City of Tifton, relating to salaries of the Commissioners; and for other purposes.
736
JOURNAL OF THE HOUSE,
HB 414. By Messrs. Branch and Alien of Tift:
A Bill to be entitled an Act to amend an Act repealing the Charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years; and for other purposes.
SB 4. By Senator Zorn of the 6th:
A Bill to be entitled an Act to amend Chapter 89-5 of the Code of Georgia, relating to vacancies and resignations of public officers, to provide a procedure for suspending and removing any officer upon conviction of moral turpitude; and for other purposes.
SR 47. By Senator Kidd of the 25th:
A Resolution requesting that the members of the United States Congress from Georgia to sponsor and support legislation allowing certain tax exemptions for persons paying certain educational expenses; and for other purposes.
SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th and others:
A Bill to be entitled an Act to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, selfgoverning bar association to be known as the "State Bar of Georgia"; and for other purposes.
SB 68. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Chapter 13-9 relating to the incorporation of banks, as amended, so as to require that all the capital stock of every bank applying for charter be paid in; and for other purposes.
SB 70. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-2024, relating to ownership of real estate by banks, so as to change the percentage that a bank may invest in real and personal property; and for other purposes.
SB 71. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-904, relating to applications for bank charters, so as to change the fee paid by applicants.
MONDAY, FEBRUARY 25, 1963
'
737
SB 77. By Senators Brown of the 34th, Salone of the 36th, Brewer of the 39th and others:
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, approved August 19, 1912 (Ga. L. 1912, p. 862 et seq.) and the several Acts amendatory thereof; and for other purposes.
SB 78. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862 et seq.); and for other purposes.
SB 79. By Senators Brown of the 34th, Wesberry of the 37th and others:
A Bill to be entitled an At establishing a new Charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.); and for other purposes.
SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th and others:
A Bill to be entitled an Act relating to the payment of education grants, so as to provide the method by which such grants shall be paid; and for other purposes.
SB 82. By Senator Harrison of the 48th:
A Bill to be enttiled an Act to authorize the Commissioner of Agricul ture to determine, establish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sales in this State; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 48. Do Pass, by Substitute. Respectfully submitted, Blalock of Coweta, Chairman.
738
JOURNAL OF THE HOUSE,
Mr. Hale of Dade 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 195. Do Pass.
HB 197. Do Pass.
HB 261. Do Pass.
HB 366. Do Pass.
HB 367. Do Pass
HB 368. Do Pass.
HB 370. Do Pass HB 371. Do Pass. HB 373. Do Pass. HB 374. Do Pass. HB 375. Do Pass. HB 376. Do Pass. HB 377. Do Pass. HB 378. Do Pass. HB 379. Do Pass. HB 381. Do Pass. HB 382. Do Pass. HB 383. Do Pass. HB 384. Do Pass. HB 385. Do Pass. HB 389. Do Pass. HB 390. Do Pass. HB 393. Do Pass. HB 68. Do Pass, as Amended. HB 276. Do Pass, as Amended. HB 277. Do Pass, as Amended. HB 349. Do Pass, as Amended. SB 16. Do Pass.
MONDAY, FEBRUARY 25, 1963
739
SB 30. Do Pass. SB 38. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Ware of Troup 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB
24. Do Pass, by Substitute.
HB 177. Do Pass.
HR 34- 68. Do Pass.
HR 137-355. Do Pass, as Amended.
Respectfully submitted, Ware of Troup, Chairman.
The following message was reeived 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 69. By Senator Gillis of the 20th:
A Bill to amend Code Section 13-308, relating to the Superintendent of Banks' office and residence, so as to provide that the Superintendent's office shall not be open on Saturdays; and for other purposes.
SB 39. By Senators Kendrick of the 32nd, Miller of the 50th and others:
A Bill to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they shall be equipped with safety belts; and for other purposes.
740
JOURNAL OF THE HOUSE,
SB 80. By Senators Lee of the 47th, Broun of the 46th, Harrison of the 48th and others:
A Bill to amend Code Chapter 84-11 relating to the practice of Optometry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.
SB 86. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to amend an Act entitled the "Georgia Industrial Loan Act", approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended so as to provide the procedure for relocation of loan offices; and for other purposes.
SB 63. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to provide for penalty for the willful burning of any real or personal property; and for other purposes.
SB 42. By Senator Phillips of the 27th:
A Bill to amend Code Section 56-1206, relating to penalties against insurers for refusing to pay claims in bad faith, as amended, so as to provide that such insurer shall be subject to certain penalties; and for other purposes.
SB 41. By Senator Conway of the 41st and others:
A Bill to amend an Act entitled "Uniform Airport Act", approved March 23, 1933, (Ga. L. 1933, p. 102), as amended, so as to prohibit the charging of landing fees; 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 67. By Senator Kendrick of the 32nd:
A Bill to amend Code Section 32-502, relating to the qualifications of the State Superintendent of Schools, so as to provide for additional qualifications; and for other purposes.
MONDAY, FEBRUARY 25, 1963
741
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 64. By Mr. Wilkes of Cook:
A Bill to amend an Act relating to the Budget Bureau, relating to the State Budget Officer; and for other purposes.
HB 77. By Mr. Duncan of Carroll:
A Bill known as the "Motor Vehicle Certificate of Title Act", so as to provide that no certificate of title shall be required on any vehicle registered in another State; and for other purposes.
HR 18-76. By Mr. Fowler of Douglas:
A Resolution to compensate W. H. Nicholson (Highway Dept.) and for other purposes.
HR 33-68. By Messrs. Richardson, Shea and Funk of Chatham:
A Resolution authorizing the Georgia Forestry Commission to pay compensation to Mr. Geo. W. Lott for damages to his trees, vines and azaleas caused by chemicals being sprayed on adjoining lands; and for other purposes.
HR 36-77. By Mr. Milhollin of Coffee: A Resolution to compensate Mrs. John Howard; and for other purposes.
HR 52-110. By Mr. Hill of Meriwether: A Resolution to compensate Mr. Homer Smith; and for other purposes.
HR 53-110. By Mr. Hill of Meriwether: A Resolution to compensate Mrs. L. R. Collins; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
742
JOURNAL OF THE HOUSE,
SB 39. By Senators Miller of the 50th, Kendrick of the 32nd, Searcey of the 2nd and Brown of the 34th:
A Bill to be entitled an Act to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they shall be equipped with safety belts; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 42. By Senator Phillips of the 27th:
A Bill to be entitled an Act to amend Code Section 56-1206, relating to penalties against insurers for refusing to pay claims in bad faith, as amended, so as to provide that such insurer shall be subject to certain penalties; and for other purposes.
Referred to the Committee on Insurance.
SB 41. By Senator Conway of the 41st and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Airports Act", so as to prohibit the charging of landing fees; and for other purposes.
Referred to the Committee on State of Republic.
SB 63. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to provide for penalty for the wilful burning of any real or personal property; and for other purposes.
Referred to the Committee on Insurance.
SB 67. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to amend Code Section 32-502, relating to the qualifications of the State Superintendent of Schools, so as to pro vide for additional qualifications; and for other purposes.
Referred to the Committee on Education.
SB 69. By Senator Gillis of the 20th:
A Bill to be enttiled an Act to amend Code Section 13-308, relating to the Superintendent of Banks' office and residence, so as to provide that the Superintendent's office shall not be open on Saturdays; and for other purposes.
Referred to the Committee on Banks and Banking.
MONDAY, FEBRUARY 25, 1963
743
SB 80. By Senators Lee of the 47th, Broun of the 46th and others:
A Bill to be entitled an Act to amend Code Chapter 84-11 relating to the practice of Optometry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 86. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Industrial Loan Act", as amended, so as to provide the procedure for relocation of loan offices; and for other purposes.
Referred to the Committee on Banks and Banking.
The following Resolution was read and adopted:
HR 162. By Messrs. Bolton of Spalding and Ware of Troup:
A RESOLUTION
Expressing regrets at the hospitalization of the Honorable George T. Smith and Mrs. Smith and wishing them a speedy recovery; and for other purposes.
WHEREAS, on February 23, 1963, the Honorable George T. Smith and his charming and lovely wife, Eloise, were involved in an automobile collision; and
WHEREAS, said collision inflicted injuries to both Speaker and Mrs. Smith, necessitating their hospitalization at Thomasville, Georgia; and
WHEREAS, during the period of the Honorable Mr. Speaker's absence, his parliamentary abilities and leadership shall be sorely missed by members of the General Assembly; and
WHEREAS, the presence and hospitality of his most charming and lovely wife, Eloise, will be missed during the social functions at tended by the members of the General Assembly and their wives.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body does express its sincerest and most heart felt regrets for this most unfortunate accident which has deprived us the presence of both our Speaker and his wife and does hereby wish a speedy recovery for the Honorable George T. Smith and his most gracious and lovely wife, Eloise.
744
JOUENAL OF THE HOUSE,
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit a copy of this Resolution to Mr. and Mrs. Smith.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 333. By Mr. Mullis of Bleckley:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Bleckley County into the office of Tax Commis sioner of Bleckley County, to provide for the election of the Tax Commissioner, to provide for the term of office; and for other purposes.
The following amendment was read and adopted:
Mr. Mullis of Bleckley moves to amend HB 333, as follows:
By adding in the title thereof between the word "date", after the semi-colon, and the word "to" the following words: "to provide for a referendum;".
By adding thereof a new Section to be known as Section 8, to read as follows:
Section 8. Not less than thirty (30) nor more than sixty (60) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Bleckley County to issue the call for an election for the purpose of submitting this Act to the voters of Bleckley County for approval or rejection. The Ordinary shall set the date of such election for a day not less than fifteen nor more than thirty (30) days after the date of the issuance of the call. 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 Bleck ley County. The ballot shall have written or printed thereon the words:
"For approval of the Act that the office of Bleckley County Tax Collector and Tax Receiver be combined into one Tax Com missioner.
"Against approval of the Act that the office of Bleckley County Tax Collector and Tax Receiver be combined into one Tax Commissioner.
All person 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect.
MONDAY, FEBRUARY 25, 1963
745
The expense of such election shall be borne by Bleckley 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.
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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 16. By Senator Broun of the 46th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the town of Athens"; and for other purposes.
The report 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.
SB 30. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Donalsonville in Seminole County, so as to change the com pensation of the mayor and aldermen 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.
746
JOUENAL OF THE HOUSE,
SB 38. By Senators Johnson of the 42nd, McWhorter of the 43rd and Conway of the 41st:
A Bill to be entitled an Act to amend an Act creating and establishing a new Charter and municipal government for the City of Decatur, and the several acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur, by the incorporation of additional and contiguous territory therein; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 195. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the Recorders 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 197. By Messrs. McClelland and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the Budget; and for other purposes.
The report 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 25, 1963
747
HB 261. By Messrs. McClelland, and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, relating to the salary of the Mayor of the City of College Park; and for other purposes.
The report 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 390. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the Charter of the City of Macon, relating to the powers of the Recorder's Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 393. By Mr. Parker of Screven:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Sylvania; and for other purposes.
The report 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 366. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to further define and prescribe the purposes, powers and duties of the Tift County Development Authority; and for other purposes.
748
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 367. By Messrs. Stalnaker and Peterson of Houston: A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Houston; and for other purposes.
The report 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 368. By Messrs. Peterson and Stalnaker of Houston: A Bill to be entitled an Act to amend an Act creating and incorporating the City of Centerville, so as to increase the maximum salary of 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 370. By Mr. Rodgers of Charlton: A Bill to be entitled an Act to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county employees; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 25, 1963
749
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 371. By Mr. Rodgers of Charlton:
A Bill to he entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton so as to reduce the numher of members of the Board to 3 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 373. By Mr. Perry of Evans:
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; and for other purposes.
The report 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 374. 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 change the corporate city limits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
750
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 375. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act establishing fire prevention districts in Clayton County, so as to provide for a tax on the property located in fire prevention 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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 376. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to amend an Act to incorporate the City of Forest Park, so as to extend the corporate 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 377. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, so as to provide payment of group insurance premiums for city employees of the City of Forest Park; and for other purposes.
The report 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.
MONDAY, FEBRUARY 25, 1963
751
The Bill, having received the requisite constitutional majority, was passed.-
HB 378. By Messrs. Lee and Blalock of Clayton:
A Bill to he entitled an Act to repeal an Act incorporating the Town of Lovejoy, so as to change the name of the City of Lovejoy; and for other purposes.
The report 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 379. 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.
The report 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 381. By Messrs. Dicus, Pickard and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the charter 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.
752
JOURNAL OF THE HOUSE,
HB 382. By Messrs. Dicus, Jones and Pickard of Muscogee:
A Bill to be entitled an Act to create for the City of Columbus a Board of Commissioners to be known as "Medical Center Board Com missioners; and for other purposes.
The report 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 383. By Messrs. Dicus, Pickard and Jones of Muscogee:
A Bill to be entitled an Act to amend the "Housing Authorities Law" in counties having a population of not less than 115,000 and not more than 125,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 384. By Messrs. Wilson, Teague and Flournoy of Cobb: A Bill to be entitled an Act to provide a salary for the official full time court reporter of the Cobb Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to. .
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 25, 1963
753
HB 385. By Messrs. Tucker and Clark of Catoosa, Ployd of Chattooga, Hale of Dade, Snow and Abney of Walker:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, so as to provide for clerical assistance for the SolicitorGeneral of the Lookout Mountain 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 389. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the Charter of the City of Macon, relating to the Clerk of the Recorder's Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 68. By Mr. Ponsell of Ware:
A Bill to be entitled an Act to consolidate and abolish the offices of the Tax Collector and Tax Receiver of Ware County; to create the office of the Tax Commissioner of Ware County; and for the other purposes.
The following Committee amendment was read and adopted:
Committee on Local Affairs moves to amend HB 68 as follows: By adding to Section 10 of said Act a new paragraph to read as follows:
"Not less than 20 nor more than 30 days after the approval of this Act by the Governor, or it otherwise becomes law, it shall be the duty of the Ordinary of Ware County to issue the call for
754
JOURNAL OF THE HOUSE,
an election for the purpose of submitting this Act to the voters of Ware County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 20 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Ware County. The ballot shall have written or printed thereon the words:
"For approval of the Act consolidating and abolishing the offices of Tax Collector and Tax Receiver of Ware County and the creation of the office of Tax Commissioner.
"Against approval of the Act consolidating and abolishing the offices of the Tax Collector and Tax Receiver of Ware County and the creation of the office of Tax Commissioner."
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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Ware 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 pro vided 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."
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 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 277. By Messrs. Killian and Isenberg of Glynn: A Bill to be entitled an Act to amend an Act establishing a salary system for the coroner of Glynn County; and for other purposes.
The following Committee amendment was read and adopted: The Committee on Local Affairs moves to amend HB 277 in the
following manner:
MONDAY, FEBRUARY 25, 1963
755
By inserting in the title thereof immediately before the words "and for other purposes" the words "to provide an effective date;"
By adding a new Section to be numbered Section 2 and to be in serted immediately after Section 1, to read as follows:
"Section 2. This Act shall become effective July 1, 1963."
By changing the words and figure "Section 2" of the original Bill to read "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 ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 276. By Messrs. Killian and Isenberg of Glynn: A Bill to be entitled an Act to amend an Act creating the City Court of Brunswick, so as to change the compensation of the Solicitor; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 276, as follows:
By inserting in the title thereof immediately before the words "to repeal conflicting laws;" the words "to provide an effective date;".
By adding a new Section in the proper place in said Bill, to be numbered Section 3, to read as follows:
"Section 3. This Act shall become effective July 1, 1963."
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.
756
JOURNAL OF THE HOUSE,
HB 349. By Mr. Johnson of Warren:
A Bill to be entitled an Act to place the Sheriff of the Superior Court of Warren County on a salary in lieu of the fee system; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Local Affairs amends HB 349, as follows: By striking from the title the words "of the Superior Court". By striking from Section 1 the words "of the Superior Court".
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.
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 45-107. By Messrs. Teague, Flournoy and Wilson of Cobb: A Resolution compensating Mrs. Mollie B. Lane; 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 Alien Anderson Arnsdorff Bagby Ballard
Baughman Bedgood Bell Black Blair Blalock of Clayton
Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brown Busbee
MONDAY, FEBRUARY 25, 1963
757
Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner
Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy Echols Fleming Flournoy Flynt Fowler of Treutlen
Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris House Houston Hull Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun
Keyton Knight of Laurens
Knight of Berrien Laite Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson Phillips Ponsell Pope Poss Rainey Reaves Rhodes Richardson
Roberts Rodgers Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Barber Blalock of Coweta Bolton Bowen of Randolph
Branch Brantley Brooks of Fulton
Chandler Conger Conner Crummey Davis Dicus Duncan of Fannin Duncan of Carroll Etheridge
Floyd Fowler of Douglas Funk Henderson Herndon Hill Horton Hurst Isenberg
758
JOURNAL OF THE HOUSE,
Jones of Worth Keadle
Kelly Killian King Kirkland Lee of Clinch Logan Lowrey
Matthews of Colquitt McClelland
McCracken McDonald
McGarity Nessmith Pafford Perry of Evans Pickard Poole Raulerson
Roper Rowland
Rutland Smith of Emanuel
Smith of Habersham Smith of Whitfield Todd Watts Wells of Peach Wells of Oconee White
Wilkes Mr. Speaker
On the adoption of the Resolution, the ayes were 145, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Barber of Jackson stated that he had been 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 HR 45-107.
HR 61-137. By Mr. Knight of Berrien: A Resolution to compensate Irvin David Suggs; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
To compensate W. A. Suggs; and for other purposes.
WHEREAS, on May 21, 1962 at approximately 11:30 a.m., Irvin David Suggs was operating a 1962 Chevrolet automobile owned by his father, W. A. Suggs, in a southerly direction on U. S. Highway 129 approximately three-tenths (.3) miles south of Lakeland, Lanier County, Georgia; and
WHEREAS, at said time and place, Ralph C. Morris, an employee of the State Highway Department was operating a State Highway Department truck also traveling in a southerly direction in front of the Suggs automobile; and
WHEREAS, while the vehicle being operated by Irvin David Suggs was attempting to pass, in a lawful passing zone, the State Highway truck being operated by Ralph C. Morris, said State Highway employee, suddenly and without warning turnsd abruptly to the left, in an attempt to enter the State Highway Maintenance Yard; and
MONDAY, FEBRUARY 25, 1963
759
WHEREAS, said Highway Department vehicle was driven into and against Mr. Suggs' said automobile, inflicting injuries to W. A. Suggs who was a passenger in the automobile; and
WHEREAS, W. A. Suggs has incurred drug, doctor and hospital expenses as follows:
"Drugs
"Smith Hospital and Dr. Jesse Parrot--Hahira, Georgia
$163.80 566.25
Total
$730.05"
and;
WHEREAS, W. A. Suggs has not received any compensation for his injuries and damages; and
WHEREAS, the accident occurred through no fault or negligence on the part of Irvin David Suggs or of W. A. Suggs and it is only just and proper that W. A. Suggs be compensated for the damage incurred.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and directed to pay the sum of $730.05 to W. A. Suggs, as compensation for his damages as set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Said payment shall be in full and final satis faction for any and all claims against the State arising out of the aforesaid accident.
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 Alien Anderson Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Clayton
Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance
Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy Echols Fleming
760
JOUENAL OF THE HOUSE,
Flournoy Flynt Fowler of Treutlen Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington
Harris House Houston Hull Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun
Keyton Knight of Laurens Knight of Berrien
Laite Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke
McKemie
Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis
Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson Phillips Ponsell Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Russell Sangster Scarborough Sewell
Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair
Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Barber Blalock of Coweta Bolton Bowen of Randolph Branch Brantley Brooks of Fulton Chandler Conger Conner Crummey
Davis
Dicus Duncan of Fannin
Duncan of Carroll Etheridge Floyd Fowler of Douglas Funk Henderson Herndon Hill Horton Hurst Isenberg Jones of Worth
Keadle Kelly Killian King Kirkland Lee of Clinch Logan Lowrey Matthews of Colquitt McClelland McCracken McDonald McGarity Nessmith
MONDAY, FEBRUARY 25, 1963
761
Pafford Perry of Evans Pickard Poole Raulerson Roper
Rowland Rutland Smith of Emanuel Smith of Habersham Smith of Whitfield Todd
Watts Wells of Peach Wells of Oconee White Wilkes Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 145, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Mr. Barber of Jackson stated that he had been 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 HR 61-137.
HR 94-188. By Mr. Kirkland of Tattnall:
A Resolution compensating 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Clayton Bowen of Dawson Bowen of Toombs Brackin
Brooks of Oglethorpe Brown
Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Monroe Cullens Dean of Polk Deen of Bacon DeVane
Dixon Dorminy
Echols Fleming Flournoy Flynt Fowler of Treutlen Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris
House Houston
762
JOURNAL OF THE HOUSE,
Hull Johnson of Elhert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore
Morgan of Gwinnett Morgan of Newton Mullis Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson Phillips Ponsell Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons
Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs. :
Acree Andrews Barber Blalock of Coweta Bolton Bowen of Randolph Branch Brantley Brooks of Fulton Chandler Conger Conner Crummey Davis Dicus Duncan of Fannin Duncan of Carroll Etheridge Floyd Fowler of Douglas
Funk Henderson Herndon Hill Horton Hurst Isenberg Jones of Worth Keadle Kellv Killian King Kirkland Lee of Clinch Logan Lowrey Matthews of Colquitt McClelland McCracken McDonald
McGarity Nessmith Pafford Perry of Evans Pickard Poole Raulerson Roper Rowland Rutland Smith of Emanuel Smith of Habersham Smith of Whitfield Todd Watts Wells of Peach Wells of Oconee White Wilkes Mr. Speaker
MONDAY, FEBRUARY 25, 1963
763
On the adoption of the Resolution, the ayes were 145, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Barber of Jackson 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 HR 94-188.
HR 116-292. By Mr. Wilson 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blair Blalock of Clayton Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe
Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy Echols Fleming Flournoy Flynt Fowler of Treutlen Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris House Houston Hull
Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clayton fcee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke McKemie Meeks Melton Milford Milhollin
764
JOURNAL OF THE HOUSE,
Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton
Mullis Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson Phillips Ponsell Pope Poss Rainey
Reaves Rhodes Richardson Roberts Rodgers Russell
Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair
Snow Spikes Stalnaker Steis Story
Stuckey
Tabb Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Barber Blalock of Coweta Bolton Bowen of Randolph Branch Brantley Brooks of Pulton Chandler Conger Conner Crummey Davis Dicus Duncan of Fannin Duncan of Carrdll Etheridge Floyd Fowler of Douglas
Funk
Henderson Herndon Hill Horton Hurst Isenberg Jones of Worth Keadle Kelly Killian King Kirkland Lee of Clinch Logan Lowrey Matthews of Colquitt McClelland McCracken McDonald
McGarity Nessmith Pafford Perry of Evans Pickard Poole Raulerson Roper Rowland Rutland Smith of Emanuel Smith of Habersham Smith of Whitfield Todd Watts Wells of Peach Wells of Oconee White Wilkes Mr. Speaker
On the adoption of the Resolution, the ayes were 145, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
MONDAY, FEBRUARY 25, 1963
765
Mr. Barber of Jackson 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 HR 116-292.
HB 205. By Mr. Shea of Chatham:
A Bill to be entitled an Act to provide that counties, municipalities, county boards of education, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act To provide that counties, municipalities, county boards of education, and other political subdivisions of the State which are authorized to levy taxes shall have the power and authority, within the limitations prescribed in Article VII, Paragraph IV of the Constitution, to issue notes, certificates, or other evidence of indebted ness in anticipation of the collection of taxes levied or to be levied during the calendar year, and such taxes anticipated to be collected may be pledged and encumbered, and a lien created thereon as security for the payment of such notes, certificates, or evidence of indebtedness, and such issuing subdivisions shall create a sinking fund for the re demption of such indebtedness at maturity; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLE OI GEORGIA:
SECTION 1
Counties, municipalities, county boards of education, and other political subdivisions of the State which are authorized to levy taxes shall have the power and authority, within the limitations prescribed by Article VII, Section VII, Paragraph IV of the Constitution, to issue notes, certificates, or other evidence of indebtedness in anticipation of the collection of taxes levied or to be levied during the calendar year, and such taxes anticipated to be collected may be pledged and encum bered, and a lien created thereon, as security for the payment of such notes, certificates, or evidence of indebtedness, and such issuing sub divisions shall create a sinking fund for the redemption of such in debtedness at maturity.
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.
766
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.:
Anderson Arnsdorff Bagby Ballard Baughman Black Blair Blalock of Coweta Bowen of Dawson Brantley Brown Bynum Byrd Caldwell Causby Chance Clarke of Monroe Coker of Turner Cullens Deen of Bacon DeVane Dixon Echols Etheridge Flournoy Fowler of Douglas Gibbons Greene Griffin Groover
Harrell Harrington House Houston Isenberg Jones of Liberty Jones of Lumpkin Jones of Muscogee Killian Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lewis Lindsey Lowrey Mackay Melton Milford Moate Morgan of Newton Mullis Newton of Jenkins Newton of Colquitt Paris Partridge Payton Perry of Marion
Peterson Phillips Ponsell Reaves Rhodes Sewell Shaw Shea Simmons Sinclair Smith of Habersham Spikes Stalnaker Steis Stuckey Tabb Towson Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall
Those voting in the negative were Messrs.:
Abney Alien Brackin Busbee Carr Coker of Cherokee Davis Fowler of Treutlen Hale
Hall Henderson
Herndon
Jordan of Floyd
Keyton Lee of Dougherty Leonard Matthews of Colquitt Meeks Mitchell Mixon Moore Morgan of Gwinnett
Murphy Odoni
Pope
Poss
Rainey Russell Sangster Scarborough Smith of Forsyth Smith of Telfair Story Tucker of Catoosa Watts Wilson of Brantley Wilson of Cobb
Woodward
MONDAY, FEBRUARY 25, 1963
767
Those not voting were Messrs.:
Acree Andrews Barber Bedgood Bell Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Chandler Clark of Catoosa Conger Conner Crummey Dean of Polk Dicus Dorminy Duncan of Fannin Duncan of Carroll
Fleming Floyd Flynt Fulford Funk
Harris Hill Horton Hull Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jordan of Calhoun Keadle Kelly King Laite Lane Logan Lokey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Milhollin Nessmith Overby Pafford Parker
Perry of Evans Pickard Poole Raulerson Richardson Roberts Rodgers
Roper Rowland Rutland
Shuman Simpson Singer Smith of Emanuel
Smith of Whitfield Snow Teague Todd
Tucker of Burke Twitty Underwood of
Montgomery
Underwood of Taylor Vaughn White Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 88, nays 39.
The Bill, having failed, to receive the requisite constitutional majority, was lost.
Mr. Blalock of Coweta served notice that at the proper time he would ask that the House reconsider its action in failing to give the requisite constitutional majority to HB 205.
Messrs. Barber of Jackson, and Dean of Polk stated that they had been called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted Nay on HB 205.
HB 191. By Mr. Mackay of DeKalb:
A Bill to be entitled an Act to amend Code Section 13-2051 relating to the receipt of stock certificates of bank stock, so as to provide methods of receipt; and for other purposes.
768
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Black Blair Blalock of Clayton Bowen of Dawson Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk DeVane Dixon
Dorminy Echols Etheridge Fleming Flournoy Fowler of Douglas Gibbons Greene Groover Hale Hall Harrell Harrington Harris Henderson Herndon
House Houston Hull Hurst Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke McKemie Meeks Melton Milford Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Payton Peterson
Phillips Ponsell Poole Pope Poss Kainey Reaves Rhodes Roberts Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Story Stuekey Tabb Towson Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Wilson of Cobb Woodward
MONDAY, FEBRUARY 25, 1963
769
Those voting in the negative were Messrs. King, and Perry of Marion.
Those not voting were Messrs.:
Acree Andrews Bell Blalock of Coweta Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Fulton Chandler Conger Conner Crummey Cullens Deen of Bacon Dicus Duncan of Fannin Duncan of Carroll Floyd Flynt Fowler of Treutlen
Fulford Funk Griffin Hill H orton Isenberg Johnson of Elbert Johnson of Warren Keadle Kelly Lane Logan Lokey Matthews of Colquitt McClelland McCracken McDonald McGarity Milhollin Nessmith Pafford Parker Perry of Evans
Pickard Raulerson Richardson Rodgers Roper Rowland Rutland Singer Smith of Emanuel Smith of Whitfield Stalnaker Steis Teague Todd Tucker of Bucrke Twitty Walker Williams of Coffee Williams of Hall Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 136, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 193. By Messrs. Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend Code Chapter 13-20, relating to the regulation of the banking industry, so as to provide for the reloca tion of the main office, bank office or bank facility within a city, town or village; and for other purposes.
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
Alien
Barber
Anderson
Baughman
Bedgood Black
Blair
770
JOURNAL OF THE HOUSE,
Blalock of Coweta Blalock of Clayton Bowen of Dawson Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk DeVane Dixon Dorminy Duncan of Pannin Echols Etheridge Fleming Flournoy Fowler of Douglas Fowler of Treutlen Fulford Gibbons Greene Griffin Hall Harrell Harrington Harris Henderson Hill House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Liberty
Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald McKemie Meeks Melton Milford Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Newton of Jenkins Odom Overby Paris Partridge Payton Perry of Marion Peterson Phillips Ponsell Poole
Pope Poss Eainey Reaves Rhodes Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Habersham Snow Spikes Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Bagby Ballard Bell Bolton Bowen of Randolph Bowen of Toombs
Brackin Branch Brantley Brooks of Fulton Chandler Clark of Catoosa Conger Conner
Crummey Davis Deen of Bacon Dicus Duncan of Carroll Floyd Flynt Funk
MONDAY, FEBRUARY 25, 1963
771
Groover Hale Herndon Horton Isenberg
Jones of Muscogee Keadle Kelly Lane Lee of Clinch Logan Lokey McClelland McCracken
McGarity Milhollin Murphy Nessmith Newton of Colquitt
Pafford Parker Perry of Evans Pickard Raulerson Rodgers Roper Rowland Rutland
Smith of Telfair Smith of Emanuel Smith of Whitfield Stalnaker Steis
Teague Twitty Underwood of
Montgomery Walker Williams of Coffee Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 354. By Messrs. Matthews and Bedgood of Clarke and Smith of Habersham:
A Bill to be entitled an Act to amend Code Section 26-2603 relating to the larceny of motor vehicles and punishment therefor; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton
Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa
Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Pannin Echols Etheridge Fleming
772
JOURNAL OF THE HOUSE,
Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Gibbons Greene Griffin Groover Hall Harrington Harris Henderson Herndon Hill Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King Kirkland Knight of Laurens Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey
Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald McKemie
Meeks Melton Milford Milhollin Mixon Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Russell
Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Arnsdorff Branch Brooks of Oglethorpe Brooks of Fulton Chandler Conger Crummey DeVane Dicus Duncan of Carroll Funk
Hale Harrell Horton House Johnson of Warren Jones of Liberty Keadle Kelly Knight of Berrien Lambert Logan McClelland McCracken
McGarity Mitchell Moore Nessmith Pafford Perry of Evans Phillips Pickard Roper Rowland Rutland Singer Smith of Emanuel
MONDAY, FEBRUARY 25, 1963
773
Smith of Whitfield Stuckey Twitty
Underwood of Montgomery
Underwood of Taylor
Wilkes Mr. Speaker
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 386. By Messrs. Etheridge and McClelland of Pulton:
A Bill to amend Code Section 9-103 relating to the qualifications of applicants for admission to the Practice of Law and relating to the residence requirements of applicants for admission to the practice of law; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Brantley Brown Bynum Byrd Caldwell Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon
DeVane Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Fulford Hale Harrell Harrington Harris Henderson Herndon House Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King
Laite Lambert Lane Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald Meeks Melton Milford Mitchell Morgan of Gwinnett Morgan of Newton Mullis Murphy Newton of Jenkins Overby Parker Partridge Payton Perry of Marion
774
Peterson Ponsell Poole Pope Reaves Rhodes Richardson Rodgers Russell Scarborough Sewell Shea Shuman
JOURNAL OF THE HOUSE,
Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb
Teague Towson Tucker of Burke Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Abney Bagby Bowen of Dawson Busbee Causby Clark of Catoosa Cullens
Greene Houston Knight of Laurens Leonard Moate Odom Paris
Poss Shaw Tucker of Catoosa Warren White
Those not voting were Messrs.:
Acree Anderson Andrews Arnsdorff Brackin Branch Brooks of Oglethorpe Brooks of Fulton Chandler Conger Conner Crummey Dicus Dixon Dorminy Duncan of Carroll Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Groover Hall
Hill Horton Hull Isenberg Jones of Liberty Keadle Kelly Kirkland Knight of Berrien Lee of Clinch Lee of Clayton Logan McClelland McCracken McGarity McKemie Milhollin Mixon Moore Nessmith Newton of Colquitt Pafford Perry of Evans Phillips
Pickard Rainey Raulerson Roberts Roper Rowland Rutland Sangster Singer Smith of Emanuel Stuckey Todd Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker Ware Watts Wilkes Williams of Coffee Woodward Mr. Speaker
On the passage of the Bill, the ayes were 115, nays 19.
MONDAY, FEBRUARY 25, 1963
775
The Bill, having received the requisite constitutional majority, was passed.
HB 194. By Messrs. Mackay and Harris of DeKalb:
A Bill to amend an Act relating to applications for admendments to bank charters, so as to change the vote of stock holders required to authorize a change in the location of the office of the bank; and for other purposes.
The following amendment was read and adopted:
Mr. Mackay of DeKalb moves to amend HB 194 as follows:
'By striking from the 14th, 15th and 16th lines on page 2 the words "if the application is to change the city, town or village from the county in which its office is located to a location in another county" and in serting the words:
"if the application is to change the location of its office to a location in another county."
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 Alien Arnsdorff Bagby Barber Baughman Bedgood Black Blair
Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Brantley Brown Busbee Bynum Byrd
Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Dean of Polk
DeVane Dixon Dorminy Duncan of Fannin Etheridge Fleming Floyd Fowler of Douglas Fulford
Gibbons Greene Griffin Groover Hall Harrington Harris Henderson Herndon
House Houston Hull Hurst Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee
776
JOURNAL OP THE HOUSE,
Keadle Keyton King Kirkland Knight of Laurens Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald McKemie Meeks Milford Milhollin Mixon Moate Moore Mullis Newton of Jenkins
Newton of Colquitt Odom Overby Paris Partridge Payton Perry of Marion Peterson Phillips Ponsell
Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Russell Sangster
Sewell Shaw Shea Shuman Simmons Simpson
Sinclair Singer Smith of Forsyth Smith of Telfair Snow Spikes Stalnaker
Steis Story Tabb Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Camden White Williams of Coffee Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Ballard Bowen of Dawson
Causby Johnson of Elbert Jordan of Floyd
Morgan of Newton Murphy Raulerson Scarborough Smith of Habersham
Underwood of Montgomery
Wells of Oconee
Those not voting were Messrs.:
Acree Anderson Andrews Bell Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Chandler Conger Crummey Davis Been of Bacon Dicus
Duncan of Carroll Echols Flournoy Flynt Fowler of Treutlen Funk
Hale Harrell Hill Horton Isenberg Jordan of Calhoun Kelly Killian Knight of Berrien Lane
Logan Lokey McClelland McCracken McGarity Melton Mitchell Morgan of Gwinnett Nessmith Pafford Parker Perry of Marion Pickard Roper Rowland Rutland
MONDAY, FEBRUARY 25, 1963
777
Smith of Emanuel Smith of Whitfield Stuckey Teague
Todd Twitty Walker Wilkes
Williams of Hall Wilson of Cobb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 134, nays 12.
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 157. By Mr. Etheridge of Fulton: A Bill to be entitled an Act to provide that notice of excavation of a public way be given utilities; to provide that return notice be made by public utilities designating the location of facilities in such public way, to provide for penalty for violation of this Act; and for other purposes.
The following Committee amendment was read and adopted:
The Industry Committee of the Hcuse moves to amend HB 157 as follows:
1. By striking therefrom the word "forty-eight" on line 4 of Section 1 thereof and substituting in lieu thereof the word "ninety-six";
2. By striking therefrom the words "as soon as feasible" on line 2 of Section 2 thereof and substituting in lieu thereof the words "within ninety-six hours".
The following amendments were read and adopted:
Mitchell of Whitfield moves to amend HB 157 by adding to the last sentence in Section 3 the following:
If notice was given as required by Section I hereinabove, any damages inflicted by a servant of said person or firm who is a con tractor or sub-contractor who is under contract to either the State of Georgia or any political sub-division thereof shall be free from any and all claims of injury to said utility arising from any presumption of negligence, whatsoever.
Mr. Payton of Coweta moves to amend HB 157 as follows:
'By adding the words "guilty of a misdemeanor and" after the words "shall be" in Section 4.
778
JOURNAL OF THE HOUSE,
Mr. Ballard of Newton moves to amend HB 157 as follows:
'By adding at the end of Section 3:
"Provided however, no provisions in this Bill shall affect the liability of contractor, sub-contractor or utility to third parties." '
Mr. Bynum of Rabun offered an amendment which was 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 Alien Anderson Arnsdorff Ballard Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brown Busbee Bynum Byrd Carr Chance Clark of Catoosa Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy
Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Gibbons Griffin Groover Hale Hall Harrell Harrington Henderson Herndon Hill Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King Knight of Laurens Knight of Berrien
Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Colquitt McDonald Meeks Melton Milford Mixon Moate Morgan of Gwinnett Morgan of Newton Mullis Newton of Jenkins Newton of Colquitt Odom Overby Partridge Payton Perry of Marion Peterson Phillips Ponsell Poole Pope Poss
MONDAY, FEBRUARY 25, 1963
779
Reaves Rhodes Richardson Roberts Rodgers Russell Sangster Sewell Shaw Shea Shuman Simpson Smith of Forsyth
Smith of Telfair Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke
Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Barber Baughman Black Brackin Causby Clarke of Monroe Cullens
Davis Dixon Greene Harris House Kirkland Leonard
Mackay Paris Rainey Raulerson Scarborough Smith of Habersham Williams of Coffee
Those not voting were Messrs.:
Acree Andrews Bagby Bowen of Randolph Branch Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Chandler Conger Crummey Dicus Duncan of Carroll
Funk
Horton Keadle
Kelly Lane Logan Matthews of Clarke McClelland McCracken McGarity McKemie Milhollin Mitchell Moore Murphy Nessmith
Pafford
Parker Perry of Evans
Pickard
Roper Rowland Rutland Simmons Sinclair Smith of Emanuel Smith of Whitfield Twitty Underwood of
Montgomery Underwood of Taylor Walker White
Wilkes
Mr. Speaker
On the passage of the Bill, as amended, the ayes were 135, nays 21.
The Bill, having received the requisite constitutional majority, was passed, as amended.
780
JOURNAL OF THE HOUSE,
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The Speaker Pro-Tern announced the House adjourned until 10:00 o'clock tomorrow morning.
TUESDAY, FEBRUARY 26, 1963
781
Representative Hall, Atlanta, Georgia Tuesday, February 26, 1963
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 Reverend J. Frank Coyle, Pastor of the Montgomery Memorial Baptist Church, Gainesville, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committe 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.
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 26, 1963, and submits the following:
HB
48. General Appropriations Act
HB 177. Grants for municipalities
782
JOURNAL OF THE HOUSE,
HB 225. Cosmetology, regulate
HB 226. Barbers and Hairdressers, regulate (postponed)
HR 137-355. Constitution Revision Commission
SB
7. School superintendents, qualifications (postponed)
SB
8. School superintendents, filling vacancies (postponed)
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham, Secretary.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 430. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Cusseta; and for other purposes.
Referred to the Committee on Local Affairs.
HB 431. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
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 the sale of tangible personal property to the University System of Georgia; and for other purposes.
Referred to the Committee on Ways and Means.
HB 432. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act entitled "An Act making provision for the licensure of applied psychologists, through a State Board of Examiners", so as to change the method of appealing decisions of the Board to revoke licenses; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 433. By Mr. Herndon of Appling:
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 Appling; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, FEBRUARY 26, 1963
783
HB 434. By Mr. Herndon of Appling:
A Bill to be entitled an Act to establish the number of votes necessary for the Board of Education of Appling County to take official action; and for other purposes.
Referred to the Committee on Local Affairs.
HB 435. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans, Nessmith of Bulloch, Williams and Milhollin of Coffee and others:
A Bill to he entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960, so as to redefine term "manufacturer"; and for other purposes.
Referred to the Committee on Agriculture.
HB 436. By Mr. Tucker of Burke:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to increase the pay of the Stenographer of the City Court; and for other purposes.
Referred to the Committee on Local Affairs.
HB 437. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Crawford on a salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Local Affairs.
HB 438. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend an Act incorporating Andrew Female College; and for other purposes.
Referred to the Committee on Education.
HR 160-438. By Messrs. Wilkes of Cook, Hill of Meriwether and Jones of Worth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the various superior courts of this State to incorporate districts for the purpose of acquiring, constructing, and maintaining fire protection systems; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 161-438. By Mr. Tucker of Burke:
A Resolution proposing an amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County; and for other purposes.
Referred to the Committee on Local Affairs.
784
JOURNAL OF THE HOUSE,
HB 439. By Mr. Carr of Washington:
A Bill to be entitled an Act to consolidate all of the laws chartering the Town of Oconee to grant a new charter; to provide that the Town of Oconee shall be known as the City of Oconee; and for other purposes.
Referred to the Committee on Local Affairs.
HB 440. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend the charter of the City of Man chester relating to the Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 441. By Messrs. Vaughn and Rutland of DeKalb:
A Bill to be entitled an Act to provide for security officers of the Stone Mountain Memorial Association; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 443. By Mr. Ware of Troup: A Bill to be entitled an Act to amend an Act creating the Georgia Ports Authority, so as to define the word "project"; to remove the limitation on the issuance of bonds; and for other purposes.
Referred to the Committee on State of Republic.
HB 444. By Messrs. Mitchell and Smith of Whitfield: A Bill to be entitled an Act to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit to be composed of the counties of Whitfield and Murray; and for other pur poses.
Referred to the Committee on Judiciary.
HB 445. By Messrs. Clarke of Monroe, Lambert of Morgan and House of Bibb: A Bill to be entitled an Act to amend an Act relating to measure of damages of timber cut, so as to provide for an action in trover; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 26, 1963
785
HR 163-445. By Messrs. Smith of Habersham, Coker of Cherokee, Milford of Franklin, Lewis of Wilkinson, Pope of Cherokee and Woodward of Butts:
A Resolution proposing an amendment to the Constitution, so as to authorize scholarships for dental students; and for other purposes.
Referred to the Committee on Judiciary.
HB 446. By Messrs. Carr of Washington, Smith of Telfair, Hall of Lee, Reaves of Brooks, Herndon of Appling, Russell of Thomas, and many others:
A Bill to be entitled an Act to amend an Act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, so as to provide for the improvement of real estate held under a deed containing a reversionary clause; and for other purposes.
Referred to the Committee on Natural Resources.
HB 447. By Mr. Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville; to provide for the disposition of all monies arising from fines, forfeitures, forfeited recognizances and convict hire over and above cost in each case; and for other purposes.
Referred to the Committee on Local Affairs.
HB 448. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Pulaski County into the office of Tax Commissioner of Pulaski County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 449. By Messrs. Bagby of Paulding, Cullens of Bartow, Jordan of Floyd, Floyd of Chattooga, Groover of Bibb, Matthews of Colquitt and many others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person who has been convicted for the violation of any of the crimi nal laws against the United States of America and who has served two separate sentences in any penal institution, custodial institution or other places of confinement to serve in any municipal, county, dis trict or State election or primary; and for other purposes.
Referred to the Committee on State of Republic.
HB 450. By Messrs. Wells of Oconee, Ballard of Newton, Barber of Jackson, Brooks of Oglethorpe, Lewis of Wilkinson, Moate of Hancock and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in State Public Schools, so as to provide for certain
786
JOURNAL OF THE HOUSE,
provisions of the Act to pertain to teachers retiring before January 1, 1963; and for other purposes.
Referred to the Committee on Education.
HB 451. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for the exemption of said tax of funeral expenses; and for other pur poses.
Referred to the Committee on Ways and Means.
HB 452. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled the "Juvenile Courts Act, so as to change the age limit for making public the name or picture of any child under the jurisdiction of the court; and for other purposes.
Referred to the Committee on Judiciary.
HB 453. By Messrs. Abney and Snow of Walker:
A Bill to be entitled an Act to provide that in any action based on a tort, prior settlement or release of damages arising out of the tort pleaded in said cause made on behalf of a party named in said cause by another, made with the expressed consent of such party given in writing after the cause of action arose, shall be a complete bar and full satisfaction and accord to the cause of action by the party who executed said settlement and release or the party on whose behalf said settlement and release was executed; and for other purposes.
Referred to the Committee on Judiciary.
HR 164-453. By Mr. Mackay of DeKalb:
A Resolution creating a Committee to study ways and means of creat ing Congressional Districts which shall be reasonably apportioned on a population basis; 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 415. By Mr. Steis of Harris:
A Bill to be entitled an Act to provide that no judge, ordinary, justice of the peace, notary public ex-officio justice of the peace or any other judicial officer may accept fees in excess of $1.00 for duties rendered in connection with traffic violations; and for other purposes.
TUESDAY, FEBRUARY 26, 1963
787
HB 416. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Bowdon; and for other purposes.
HB 417. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide an exclusive method for the incorporation in this State of Savings and Loan Associations either with or without capital stock; and for other purposes.
HB 418. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to qualification fee for candidates in general election of certain county offices, so as to provide for reasonable qualification fee due to be posted 10 days prior to special elections; and for other purposes.
HB 419. By Messrs. Groover, House and Laite of Bibb:
A Bill to be entitled an Act to create the Middle Georgia Coliseum Authority; and for other purposes.
HB 420. By Messrs. Bolton of Spalding, Rutland of DeKalb, Smith of Grady, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide for a Board to inquire into abuses and irregularities in the enforcement of traffic laws and ordi nances; and for other purposes.
HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta, Dicus of Muscogee and Harris of DeKalb: A Bill to be entitled an Act to establish and constitute the Study Com mission on Industrial Loan Business; and for other purposes.
HB 422. By Mr. Mackay of DeKalb: A Bill to be entitled an Act to amend an Act relating to the imposi tion, rate of computation and exemptions from income taxation, so as to provide that certain distributions of corporate stock qualifying under Section 1111 of the Federal Internal Revenue Code of 1954 shall not be deemed a dividend; and for other purposes.
HR 148-422. By Messrs. Pope and Coker of Cherokee: A Resolution authorizing the conveyance of certain property in Chero kee County; and for other purposes.
788
JOURNAL OF THE HOUSE,
HB 423. By Messrs. Killian of Glynn, Clarke of Monroe, Steis of Harris, Pickard of Muscogee and Paris of Barrow:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teacher in the State public schools and other schools, so as to change the method of computing a member's service retirement allow ance; and for other purposes.
HB 424. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans, Lane and Nessmith of Bulloch, Williams and Milhollin of Coffee and others:
A Bill to be entitled an Act to amend an Act providing for the regis tration of trade-marks, so as to provide for the registration of service marks; and for other purposes.
HB 425. By Messrs. Bell and Fleming of Richmond:
A Bill to be entitled an Act to amend an Act relating to the probate of a will to common form, so as to include provisions that names and addresses of heirs at law are not required in probate of will in common form; and for other purposes.
HB 426. By Messrs. Steis of Harris and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide for a civil defense organiza tion in each county; and for other purposes.
HR 149-426. By Messrs. Lane and Nessmith of Bulloch:
A Resolution to compensate Mr. and Mrs. James Collins; and for other purposes.
HR 150-426. By Messrs. Steis of Harris and Andrews of Stephens:
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 periods of emergency resulting from disasters caused by enemy attack; and for other purposes.
HR 151-426. By Mr. Roberts of Jones:
A Resolution to designate "The S. A. Hodge, Sr. Bridge"; and for other purposes.
HB 427. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to amend an Act relating to separate property of the wife, so as to make the wife's property liable to debts of the husband, so as to allow the wife to bind her estate and to sell it to extinguish her husbands debts; and for other purposes.
TUESDAY, FEBRUARY 26, 1963
789
HR 154-427. By Mr. Lambert of Morgan:
A Resolution proposing an amendment to the Constitution so as to remove the provisions stating that property of the wife shall not be liable for the debts of the husband; and for other purposes.
HR 155-427. By Mr. Newton of Colquitt:
A Resolution to compensate Homer C. Patterson; and for other pur poses.
HR 156-427. By Messrs. Teague, Flournoy and Wilson of Cobb:
A Resolution to compensate Marietta Transport Company; and for other purposes.
HB 428. By Mr. Groover of Bibb: A Bill to be entitled an Act to amend an Act providing 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.
HR 157-428. By Messrs. Mackay of DeKalb and Roberts of Jones: A Resolution compensating Bonnie J. Cranford and her husband, James U. Cranford; and for other purposes.
HB 429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens, Busbee of Dougherty and Funk of Chatham: A Bill to be entitled an Act to amend an Act relating to the powers, duties, and rights of the Board ofx Health and the Director of the Department of Public Health, so as to authorize the Director to execute instruments to release proper parties from further compliance with certain contractual obligations; and for other purposes.
HR 158-429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty, Andrews of Stephens and Funk of Chatham: A Resolution to authorize the Department of Public Health to write off uncollectible accounts; and for other purposes.
HR 159-429. By Messrs. Rutland of DeKalb, Bolton of Spalding, Andrews of Stephens, Busbee of Dougherty, and Smith of Grady: A Resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for petroleum products pipeline in Floyd and Barrow Counties; and for other purposes.
790
JOURNAL OP THE HOUSE,
SB 39. By Senators Miller of the 50th, Kendrick of the 32nd, Searcey of the 2nd and Brown of the 34th:
A Bill to be entitled an Act to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they shall be equipped with safety belts; and for other purposes.
SB 42. By Senator Phillips of the 27th:
A Bill to be entitled an Act to amend Code Section 56-1206, relating to penalties against insurers for refusing to pay claims in bad faith, as amended, so as to provide that such insurer shall be subject to certain penalties; and for other purposes.
SB 41. By Senator Conway of the 41st and others:
A Bill to be entitled an Act to amend an Act entitled "Uniform Air ports Act", so as to prohibit the charging of landing fees; and for other purposes.
SB 63. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to provide for penalty for the wilful burn ing of any real or personal property; and for other purposes.
SB 67. By Senator Kendrick of the 32nd:
A Bill to be entitled an Act to amend Code Section 32-502, relating to the qualifications of the State Superintendent of Schools, so as to provide for additional qualifications; and for other purposes.
SB 69. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-308, relating to the Superintendent of Banks' office and residence, so as to provide that the Superintendent's office shall not be open on Saturdays; and for other purposes.
SB 80. By Senators Lee of the 47th, Broun of the 46th and others:
A Bill to be entitled an Act to amend Code Chapter 84-11 relating to the practice of Optometry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.
SB 86. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Industrial Loan Act", as amended, so as to provide the procedure for relocation of loan offices; and for other purposes.
TUESDAY, FEBRUARY 26, 1963
791
Mr. Newton of Colquitt 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 365. Do Pass.
SB 82. Do Pass.
SB 27. Do Pass.
Respectfully submitted,
Newton of Colquitt,
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 Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :
HB
61. Do Pass.
HB 426. Do Pass.
HR 150-426. Do Pass.
Respectfully submitted,
Steis of Harris,
Chairman.
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Local Affairs 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 228. Do Pass as Amended. HB 356. Do Pass. HB 405. Do Pass.
792
JOURNAL OF THE HOUSE,
HB 408. Do Pass. HB 412. Do Pass. HB 413. Do Pass. HB 407. Do Pass. HB 414. Do Pass. HR 146-408. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Williams of Hall County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles 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 26. Do Pass.
HB 121. Do Pass as Amended.
HB 122. Do Pass as Amended.
Respectfully submitted, Williams of Hall, 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 65. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to amend an Act creating the office of Georgia Safety Fire Commissioner, approved Feb. 25, 1949 (Ga. L. 1949, p. 1057), as amended, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.
TUESDAY, FEBRUARY 26, 1963
793
SR 53. By Senator Downing of the 1st:
A Resolution urging the Budget Bureau to make funds available to acquire and maintain the Battleship Missouri; and for other purposes.
SR 54. By Senator Kidd of the 25th:
A Resolution relative to a basketball game between the members of the Senate and the members of the House of Representatives; and for other purposes.
SR 55. By Senator Downing of the 1st:
A Resolution designating the month of February as American History Month; 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 House to wit:
HB 56. By Messrs. Richardson, Shea and Funk 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 extend to any official or employee who is covered under the provisions of any other system; and for other purposes.
HB 146. By Messrs. Busbee of Dougherty, Knight of Laurens and others:
A Bill to amend an Act creating the Peace Officers' Annuity and Bene fit Fund, so as to provide for investments; and for other purposes.
HB 150. By Messrs. Busbee of Dougherty, Knight of Laurens and others:
A Bill to amend an Act providing for retirement benefits for the Ordi naries of this State, so as to provide for investments; and for other purposes.
HB 151. By Messrs. Busbee of Dougherty, Knight of Laurens and others:
A Bill to amend an Act creating the Georgia Firemen's Pension Fund, so as to provide for investments; and for other purposes.
794
JOURNAL OF THE HOUSE,
HB 152. By Messrs. Busbee, Lee and Odom of Dougherty:
A Bill to authorize the Boards of Education of all Counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the premiums to maintain such insurance; and for other purposes.
HB 186. By Messrs. Newton of Colquitt, Smith of Emanuel and others:
A Bill to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to exempt seed, fertilizers, etc., when sued directly in tilling the soil or animal husbandry; and for other purposes.
HR 77-157. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution to repeal a Resolution entitled "To Recommend that the State discontinue the building of cabins at State Parks"; 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 145. By Messrs. Busbee of Dougherty, Knight of Laurens and others:
A Bill to amend an Act creating the Employees Retirement System of Georgia, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.
HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens and others:
A Bill to amend an Act providing for retirement benefits for the teachers of this State, so as to authorize the employment of agents for advisory and investment purposes; and for other purposes.
The following Resolution was read and adopted:
HR 165. By Mr. Rutland of DeKalb: A RESOLUTION
Expressing sympathy at the passing of the Honorable James Fowler; and for other purposes.
TUESDAY, FEBRUARY 26, 1963
795
WHEREAS, on February 25, 1963, the Honorable James Fowler of Soperton, Georgia passed away; and
WHEREAS, he is a first cousin of Representative J. Wyman Fowler of Treutlen County; and
WHEREAS, he was known as the "Father of Forestry" in the State of Georgia having planted the first commercial pine tree in this State and under whose supervision the first paper was manufactured at the Herty Laboratory in Savannah, Georgia; and
WHEREAS, the funeral for the Honorable James Fowler will be held at 4 o'clock P.M. on Tuesday, February 26, 1963; and
WHEREAS, he was a credit to his community and his State and was active in all the affairs of his community.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the untimely death of Honorable James Fowler, and sincerest sympathy is hereby extended to Representative J. Wyman Fowler and the other members of the family.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Representa tive J. Wyman Fowler and to the other members of the family.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 65. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.
Referred to the Committee on Insurance.
Mr. Shea of Chatham asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the follow ing Bill of the House:
HB 205. By Mr. Shea of Chatham:
A Bill to be entitled an Act to provide that counties, municipalities, county boards of education, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.
796
JOURNAL OF THE HOUSE,
The consent was granted and HB 205 was placed at the foot of the calendar.
Mr. Hale of Dade asked unanimous consent that the following Resolution of the House be withdrawn from the Committee on Local Affairs and recom mitted to the Committee on Judiciary:
HR 139-395. By Messrs. Smith and Mitchell of Whitfield:
A Resolution authorizing Whitfield County, Georgia through its Com missioner of Roads and Revenues to pay compensation to Mr. Fred Kimsey; and for other purposes.
The consent was granted and HR 139-395 was withdrawn from the Com mittee on Local Affairs and recommitted to the Committee on Judiciary.
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 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to make and provide appropriations for the fiscal years of 1963 and 1964, to make and provide such appropria tions for the operation of the State Government; and for other pur poses.
The Speaker Pro-Tern resolved the House into a Committee of the Whole House designating Mr. Blalock of Coweta as Chairman thereof, for the purpose of considering HB 48.
The Committee of the Whole House arose and through its Chairman reported HB 48 back to the House with the recommendation that it Do Pass, by substitute, as amended.
The following Committee substitute was read:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1963, and ending June 30, 1964, and the fiscal year beginning July 1, 1964, and ending June 30, 1965; to make
TUESDAY, FEBRUARY 26, 1963
797
and provide such appropriations for the operation of the State Gov ernment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, counties, municipalities, political subdivisions, and for all other govern mental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to pro vide for the control and administration of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA that the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1963, and ending June 30, 1964, and the fiscal year beginning July 1, 1964, and ending June 30, 1965, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1963.
LEGISLATIVE BRANCH
SECTION 1
Legislative Branch
For compensation as fixed by previous laws for mile age at the rate of 10^ per mile for four (4) round trips for each regular session and number of round trips for any and all extraordinary sessions of the General As sembly as set by each such extraordinary session; Sec retary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representa tives shall receive the same mileage allowances as Mem bers of the Senate and House of Representatives, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and doorkeepers and other attaches of the Senate and House of Representatives, for the actual travel expenses of members of legislative committees; for cost of operating the office of Lieutenant Governor and Speaker of the House of Representatives authorized by law; for membership in the Council of State Govern ments, National Conference of Commissioners on Uni form State Laws, National Conference of Legislative Leaders and Marine Fisheries Compact; for supplies, re pairs, printing and other incidental expenses and equip ment for the General Assembly, and the necessary cost of renovating and repairing the housing facilities for the Legislative Branch; for cost of compiling, publish ing and distributing the Acts and Journals of the Gen eral Assembly; the codes of Georgia and the annual re port of the State Auditor to General Assembly; for elec tion blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by
798
JOURNAL OF THE HOUSE,
resolution; and for cost of Legislative Services Commit tee and the Office of Legislative Counsel as authorized by law.
Provided, further, that the members of the General Assembly shall be paid the ten dollars per diem and the five dollar allowance heretofore authorized by law and as further authorized by law, act or resolution as cited herein shall be paid an additional maintenance expense allowance of thirty-five dollars for each day in attend ance at a session of the General Assembly and said main tenance expense allowance, which is authorized by gen eral provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual Member in the performance of official duties during a session of the General Assembly and this allowance to the Members of the General Assembly is hereby con strued to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State Government as provided for by Art. Ill, Sec. VII, Par. IX of the Constitution of Georgia. Provided, further, the per diem allowance pro vided for in the foregoing shall also be payable to any official of the State or attache for each day during his term of service who is authorized by Act or Resolution of one or both branches of the General Assembly to re ceive an allowance based on the total per diem mainte nance allowance provided for Members of the General Assembly while in session. Provided, however, that a
member of the General Assembly serving as a member
of a regular or special committee shall be limited to and
shall be paid for each day of service on said committee
when the General Assembly is not in session, twenty dol
lars per diem, expenses and mileage while performing
such committees duties.
1963-64 ,,______________._._______,,____________,,_.______________._____$ 1,900,000.00 1964-65 .-.-..-.-_...-.-._.___-_-._-_.________._________________.$ 1,900,000.00
JUDICIAL BRANCH
SECTION 2
Supreme Court
For the cost of operating the Supreme Court of the State of Georgia, including salaries of justices, and the employees of the Court, including one Emeritus position. Provided, however, that listed appropriation shall be in-
TUESDAY, FEBRUARY 26, 1963
799
creased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fis cal year.
1963-64 ......._....._.._..._.__._.._........._..___..___._._....$ 1964-65 ..._...___._.__,,..._____.___._____..______________$
330,000.00 330,000.00
SECTION 3
Court of Appeals
For the cost of operating the State Court of Appeals including salaries of Judges and employees of the Court, and for the Emeritus Judges of the Court.
1963-64 ......._.._._._...._..__....____.__......_..__._...__.$ 1964-65 __________-__.-...,,_._..__.._..__..._____j
500,000.00 500,000.00
SECTION 4
Superior Courts
For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense al lowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law.
1963-64
... ,,_,,,,,,__,,___,,__,,______._.._..___$ 1,500,000.00
1964-65 -.._..._________..-.-.-.-....-.--_-..___.-_-..._____________.$ 1,500,000.00
SECTION 5
For cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Provided, however, notwithstanding any other provisions of this Act, that any surplus in this appropriation may be trans ferred by the Budget Bureau to be used in the Book Fund of the State Library.
1963-64 _________-.-......-...-..-.-.__________.-.-..-._.-...-..._f 1964-65 __,,,,_____-__________________..$
35,000.00 35,000.00
Judicial Council
1963-64 ..._. 1964-65 .......
SECTION 6
2,500.00 2,500.00
EXECUTIVE BRANCH
SECTION 7 Agriculture, Department of
A. For the operation of all activities of the Depart ment including the operation of Farmers' Markets.
800
JOURNAL OF THE HOUSE,
1963-64 _------__------------______--_____-___$ 5,150,000.00 1964-65 ------------__.--.______.._-_..._...__-------$ 5,200,000.00
B. Capital Outlay--Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Mar ket.
1963-64 _--------__------__---------------------------------$ 1964-65 ....._---_------------------------------$
650,000.00 650,000.00
Art Commission, Georgia
SECTION 8
1963-64 ___----------------______..._..._..___--------$ 1964-65 ----------------------------------------_----.._....$
100.00 100.00
Audits, Department of
SECTION 9
1963-64 ----------------------------__._..__.__--___$ 1964-65 ___--__--._...-..-_...-.-.-.-.......______------$
250,000.00 250,000.00
Banking, Department of
SECTION 10
1963-64 ..____._.._.__.__._........_.._.____.____-$ 1964-65 ...._-..._.._.._._........__..__.__..__.____._..$
340,000.00 340,000.00
Budget Bureau
SECTION 11
1963-64 ....__..-_._...__.._--------_____--__.__..$ 1964-65 -----------------------_----_____-__--$
125,000.00 125,000.00
SECTION 12
Capitol Square Improvement Committee A. Operating costs--Old State Office Building. 1963-64 --------------------------------------I 1964-65 ----_-----------__----------.-------- $
150,000.00 150,000.00
B. For capital outlay--annual cost of acquiring the Judicial, Agricultural, Health and other State Office Buildings, and facilities--authority rentals.
1963-64 _..._...._._._.................._........__._...........................$ 1,977,752.87 1964-65 --------------------------------__----------$ 1,977,752.87
TUESDAY, FEBRUARY 26, 1963
801
SECTION 13
Industry and Trade, Department of
A. General operating costs.
1963-64
.____.____..________________________$ 1,000,000.00
1964-65 _____________________.__,,_________.__.___...._.$ 1,000,000.00
B. Capital outlay--Annual lease payments to Geor gia Ports Authority.
1963-64 ________________________________.__________$ 1,155,000.00 1964-65 _______________________________-____-$ 1,155,000.00
SECTION 14 Commission on Aging
1963-64 __________________________________________..._..$ 1964-65 __._.-_.__---_._.___-_-_,,-__---._____$
Provided that the allocations to objects in the Budget
15,000.00 15,000.00
Report shall be changed to read as follows:
Personal Services ..._____________.....$11,500.00 Operating Expenses ________....._..______.$ 3,500.00
SECTION 15
Comptroller General
For the cost of operating the office of the Comp troller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Date Divi sion, Industrial Loan Commissioner, and the Liquefied Petroleum Safety Act.
1963-64 .____.._____._._______._______-______..$ 1964-65 ________-._____..-_________________________.....$
800,000.00 800,000.00
SECTION 16 Conservation
A. Department of Forestry.
1963-64 ________________________________._._._.._..$ 2,275,000.00 1964-65 ______________________..._______________$ 2,300,000.00
B. Forest Research Council.
1963-64 _____,,_______._______.___....___.$ 1964-65 _.______.__-_......__.._._____________.__$
290,000.00 290,000.00
C. Game and Fish Commission.
1963-64 _____________.__....._______________$ 1,567,500.00 1964-65 ____________________..___._______.._.___$ 1,567,500.00
802
JOURNAL OP THE HOUSE,
Provided that the allocations to objects in the Budget Report, which includes Federal funds, shall be changed to read as follows:
Personal Services __________________$1,208,600.00 Operating Expenses __._____._________$ 920,092.00
D. Department of Mines, Mining and Geology in cluding Oil and Gas Commission.
1963-64 __________________________.___________$ 1964-65 ..._______ __________ ______$
256,000.00 256,000.00
E. Department of Parks.
(1) For general operation and development of State parks.
1963-64 _____________________$ 1964-65 _____________________._______.$
900,000.00 900,000.00
(2) Capital Outlay--Authority Rentals for pay ments to Stone Mountain Memorial Commission.
1963-64 _____ ___________________$ 1964-65 __._,,.__________________________$
350,000.00 350,000.00
F. Soil and Water Conservation.
For the cost of operating the State Soil Conserva tion Committee.
1963-64 ___________________________________.$ 1964-65 _______________________________________$
200,000.00 200,000.00
SECTION 17
Corrections, State Board of For the administrative expenses of the State Board
of Corrections, including the cost of operation of the
State Prison System.
1963-64 ________.___________________--________________$ 3,280,000.00 1964-65 ____________________________________________.______$ 3,430,000.00
Capital Outlay--Authority Rentals--
For authority lease contracts to State Penal Re habilitation Authority.
1963-64 ___________________________________.______? 1964,65 _________________________-______________$
400,000.00 400,000.00
TUESDAY, FEBRUARY 26, 1963
803
SECTION 18
State Board of Education--Department of Education
For matching vocational rehabilitation funds in co operation with the Federal Government; for operation of vocational trade schools; for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for grants for aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintend ents; for the operating costs of the Department; for edu cational grants, including the grants to teachers for scholarships, as provided by law; and for any other ex pense authorized by law, payable from the common school funds. Of the funds appropriated below, $100,000 per annum shall be allocated by the Board of Education to the School for the Deaf and the Academy for the Blind in addition to the funds listed in the Budget Report sub ject to the approval of the Budget Bureau.
1963-64 _____________________________________________,,_,,..$184,512,500.00 1964-65 __________________________.____^_-_-_____.__^__--.$195,100,000.00
Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium for 1964-65, unless such program or project has been specifically au thorized by the General Assembly.
For capital outlay:
To meet annual capital outlay commitments; for school building construction to the counties of the State and as required under the lease rental contracts with the State School Building Authority and to provide the spe cific sum of $2,000,000.00 in 1964-65 for new School Building Authority Lease Contracts.
1963-64 _____________________________________________________.$ 20,000,000.00 1964-65 __________________________________________________$ 22,000,000.00
SECTION 19
State Board of Regents
A. The general cost of operation of the Board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock items; for scholarships authorized by law $100,000; for the support of research and for the cost of use and/or acquiring additions to plant and equipment for the Uni-
804
JOURNAL OF THE HOUSE,
versity System, including the specific sum of $1,200,000.00 per year for new University Building Authority Lease Contracts.
1963-64 .__.__._________________________________$ 36,900,000.00 1964-65 ________.____,,_____________________________$ 40,200,000.00
Provided, that the above appropriation shall be in addition to the funds realized by the respective units in each fiscal year from the Federal Government, donations, gifts, earnings from fees, rents, sales and any other source of income. Provided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion the remaining funds available to the various units to cover cost inci dent to the operation and development of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing.
No part of this appropriation, nor any funds real ized by the State Board of Regents of the University System, or any school or college from the Federal Gov ernment, or from donations, gifts, earnings, fees, rents, sales or other sources of income, shall be available for use or expenditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be entered into not to exceed $500,000 per annum.
B. Eugene Talmadge Memorial Hospital -- State Board of Regents.
1963-64 ..............__.________________.______$ 3,600,000.00 1964-65 ._.____-_____-_____-_--..______________________$ 3,600,000.00
C. Medical Education Board.
For cost of operation of the State Medical Educa tion Board, including the payment of medical scholar ships as authorized by provisions of the Georgia State Constitution.
1963-64 ____________________________________________________._._$ 1964-65 .__________________________________-______$
150,000.00 160,000.00
TUESDAY, FEBRUARY 26, 1963
D. For cost of initial planning, staffing, alteration, construction and operation of a Dental College in con junction with the Medical College of Georgia located at Augusta, Georgia. Provided, however, none of these funds will be committed or expended unless the General As sembly by specific Act other than joint resolution, spe cifically other than the joint resolution heretofore adopted, shall authorize the creation of a Dental College.
1963-64 ,,.--_..___-....._.__--_.--......__..-.__..-__._,,-_$ 1964-65 ___.....__._......__._-_.._.__.___..._--_.$
805
75,000.00 75,000.00
SECTION 20
Teachers Retirement System
For the State's contribution to the Teachers Retire ment Fund, including the cost of administration.
1963-64 _...._...__.__..____._.._..___._--_._._...__..$ 14,500,000.00 1964-65 ._--____---_-_,,.._........_...__........$ 15,700,000.00
SECTION 21
Executive Department
A. For the cost of operating the Executive Depart ment, including the cost and maintenance expense for the Executive automobile, and telephones at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governor's Conferences, and spe cial committee expenses.
1963-64 _...._.__._........___________________._..________.-.$ 1964-65 __..__---..._._...___-_--______._._....__..__.$
275,000.00 275,000.00
B. For the allowance payable monthly for the cost of operating the Executive Mansion, including servant's hire, food, other supplies, and laundry.
1963-64 ___--_-_._.-_--_.___._....___.._..___$
1964-65
---__.-_-__:________........._.._$
25,000.00 25,000.00
SECTION 22
Highway Department
Appropriation of all funds in this section is to be in conformity with and pursuant to Art. VII, Sec. IX, Par. IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes re ceived by the State Treasurer in each of the immediately preceding years, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed to, as of July 1 of each fiscal year, determine the net collection of motor fuel tax received by the State Treasurer in the immediately
806
JOURNAL OF THE HOUSE,
preceding fiscal year and enter the full amount so deter mined on the records of the State as being the appropria tion payable in lieu of the amount appropriated herein.
A. General Operations--
For general administrative cost of operating the Highway Department, including equipment and compen sation claims.
1963-64 _-____,,___________.___._.______._________$ 6,711,599.00 1964-65 --,,_--.,,.-___-__.____._...______.._.$ 5,976,506.00
B. Authority Rentals
For lease rental obligations of the Highway Depart ment to the Georgia State Highway Authority (con tinuation of the State Bridge Building Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental con tracts. Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Depart ment by this Section, the sums necessary to pay these rentals accrued under these contracts, executed or to be executed, as authorized by law, are hereby appropriated as the first charge on all funds appropriated to the High way Department.
1963-64 __--_--_.-_-___,,_________-_-_._-_.._._$ 17,303,689.00 1964-65 ,,____.__________.__.______,,,,.___$ 17,293,431.00
C. Maintenance and Betterments -- Planning and Construction
For State matching participation in costs of con struction, re-construction, improvement in highways, and highway planning, in cooperation with the Federal Gov ernment, including all cost items incident thereto. Funds appropriated for each fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (pro vided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law.) Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program.
Maintenance and Betterments--
1963-64 ......... .^....... ........^... ...........__-----$ 18,781,011.00 1964-65 ._.,,.._..._____.._.____-____.__--,,______$ 19,433,090.00
TUESDAY, FEBRUARY 26, 1963
807
Planning and Construction--
1963-64 ___...._._......___._________....._......__.____._$ 39,886,688.00
1964-65
._____,,._______..........____._____$ 41,479,960.00
Provided, that the above appropriation shall be in addition to funds realized by the Highway Department from Administrative Charges as provided in the Budget Report.
D. Grants to Counties--
For grants to counties for aid in county road con struction and maintenance.
1963-64 ....................__________,,_..._-.-..-____________._.$ 4,817,013.03 1964-65 __._____--___,,______,,_____$ 4,817,013.03
E. For grants to counties for aid in county road construction.
1963-64 ...._.__.______............__,,_,,_,,-_-_,,_-__._,,...__...__.$ 4,500,000.00 1964-65 __,,..--______-_--________$ 4,500,000.00
Provided that the appropriations in D and E above shall be distributed and disbursed by the State Treasurer for highway purposes based on information as to the total public road mileage furnished by the State Highway De partment, and provided that the sum appropriated under E shall be distributed and disbursed to the various coun ties of the State in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State.
F. Grants to Municipalities--
For grants to municipalities in accordance with the law authorizing the Director of the State Highway De partment to disburse such grants.
1963-64 .............................
......................^ 1,000,000.00
1964-65 ._..____________...-................_..____._._.___.__-__._...........$ 1,000,000.00
SECTION 23
Georgia Historical Commission
For cost of establishing, maintaining, and servicing various historical shrines throughout the State.
1963-64 _______.............__........_._.....__________......_.._...$ 1964-65 ...________._._................._...........__..._____.._.._.$
175,000.00 175,000.00
808
JOURNAL OP THE HOUSE,
SECTION 24
Jekyll Island Committee
For the cost of operating the Island and maintain ing and improving public beaches and facilities.
1963-64 .__,,___________._..________.___.__._________.__.__._______,,$ 1964-65 __.-__----__._..__._._._______.__-.--$
750,000.00 500,000.00
SECTION 25
Labor, Department of
A. For the cost of operating the Commissioner's Office and Factory Inspection Division.
1963-64 .....__._.............__.....__.._____.......__._$ 1964-65 ......_--,,_..._._.___--_-__.__.__.......___$
175,000.00 175,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services _._._.___._.....___._.___._$133,349 Operating Expenses _.______._______.$ 37,278
B. For that part of cost of operations and Employ ment Security Agency as authorized by Act approved March 8, 1945.
1963-64 _._____.....__.__._._..._____......_._._.._.$ 1964-65 .___.__..________._...____-----..$
85,000.00 85,000.00
SECTION 26
Law, Department of
For the cost of operating the Department of Law, provided that the compensation of all Assistant Attor neys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency of the State in the Executive Branch of the State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purposes for which provision is made in this item, unless the payment is made from 100% Federal funds.
1963-64 __..____---.-__-__._.__.____._...-__._.___$ 1964-65 ...........__--._-.-.__.........__._._._______. S
440,000.00 440,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services .,,____________._.....____._.$365,000 Operating Expenses _._________...__.$ 75,000
TUESDAY, FEBRUARY 26, 1963
SECTION 27 Library, State
For the cost of operating the State Library and the purchase of new books and publications.
1963-64 ________________________________________________$ 1964-65 ____________________.__________________$
SECTION 28 Literature Commission, State
For cost of operations. 1963-64 ________,,,,,,__________________________________$ 1964-65 _____________________..__________$
809
50,000.00 50,000.00
15,000.00 15,000.00
SECTION 29
Pardons and Paroles, State Board of
For cost of operating the Board and statewide super vision.
1963-64 ______________________________________________$ 1964-65 ________________________....______.__$
585,000.00 635,000.00
SECTION 30
Pharmacy Board
For cost of operating the office of Chief Drug In spector.
1963-64 _______________________._._________________$ 1964-65 ______________________________________________________$
78,000.00 78,000.00
SECTION 31
Probation, State Board of
For the cost of operating the statewide Probation System, administered by the State Board of Probation.
1963-64 _____________________________________________________.$ 1964-65 ____________________________________-____$
500,000.00 500,000.00
Provided that the allocations to objects in the Bud get Report shall be changed for 1964-65 to read as fol lows:
Personal Services --_,,____--__________________$365,000 Operating Expenses _____________...____$135,000
810
JOURNAL OF THE HOUSE,
SECTION 32
Public Defense, Department of
For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division.
1963-64 ____-____,,__.____________________________._,__________$ 1964-65 __,,_________.________..______________________________,__________,,__$
625,000.00 625,000.00
SECTION 33
Public Health, Department of
A. For the cost of operating the Department of Public Health, grants to counties for public health pro grams, for matching Federal funds for benefits or serv ices for crippled children, authorized by law, and the cost of operating the mental health program, including the purchase of services of private hospitals.
1963-64 _________________________________________$ 8,240,000.00 1964-65 ___________________________________________..._____________$ 8,550,000.00
B. Authority Rentals--For annual cost of acquiring Eugene Talmadge Memorial Hospital.
1963-64 _______________________.___________.________$ 1964-65 _.-.________.._______________________________.________$
840,000.00 840,000.00
C. For cost of operating the Alcoholic Rehabilita tion Division.
1963-64 _________________________________________________________________.__,,__.$ 1964-65 __,,-___--__,,.-_ ______ ____________________.____.___$
350,000.00 370,000.00
D. Department of Public Health--Tuberculosis Sanatorium
For the cost of operating the State Tuberculosis Sanatorium including pre-admission and post-discharge services.
1963-64 __.-_--_--__,,__________________$ 3,700,000.00 1964-65 ---_.--___.____________$ 3,800,000.00
E. Department of Public Health--Georgia Mental Health Center
For the cost of developing, training and employing necessary personnel and for capital outlay, including the purchase of equipment.
1963-64 - -- --._______.-__--__________________$ 250,000.00 1964-65 __________________________________________________$ 2,250,000.00
TUESDAY, FEBRUARY 26, 1963
811
P. Department of Public Health -- Gracewood School and Hospital
For the cost of operating state institutions for men tal defectives.
1963-64 _____________________________________________._$ 4,135,000.00 1964-65 ______________________________________.-____$ 4,600,000.00
G. Department of Public Health -- Milledgeville State Hospital
For the cost of operating the State Mental Hospital.
1963-64 __________________________________________.$ 16,000,000.00 1964-65 _________________________.___________.__$ 17,300,000.00
H. For aid to local governmental subdivisions in establishing, constructing and equipping hospital facili ties to be administered and expended in the same manner as other public health funds and in accordance with the provisions of the Hill-Burton Act of the United States Congress, rules and regulations of the State Board of Health.
1963-64 ._________________________________________$ 2,000,000.00 1964-65 _____________________________--_.._---_-__$ 2,000,000.00
I. Authority Rentals--Mental Health Construction
For the cost of paying lease rentals to State Hospital Authority, covering construction at Milledgeville State Hospital and Georgia Mental Health Center. Provided, however, that in addition to existing Authority Lease Rental commitments, the Department of Public Health is further authorized to utilize any funds which may be found within this Section, except for funds under Para graph H, with the approval of the Budget Bureau, to enter into lease rental agreements with the State Hos pital Authority for the construction of a new State Hos pital for retarded children not to exceed a sum of $350,000 per annum. To effectuate the purpose of this provision, the Budget Bureau is authorized to make transfers between appropriations in this Section.
1963-64 ____________________________________.____$ 1,310,000.00 1964-65 _____________________________________._--.____.$ 1,310,000.00
SECTION 34
Public Safety, Department of
1963-64 ___________________________________________$ 5,750,000.00 1964-65 __.____________.__..__._______________________$ 6,000,000.00
812
JOURNAL OF THE HOUSE,
SECTION 35
Public Service Commission
For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Com mission.
1963-64 __________________________________________._____$ 1964-65 ___________.___,,______,,__,,__,,__-________________$
460,000.00 460,000.00
SECTION 36
Public Welfare, Department of--Administrative Opera tions--State
A. For the cost of the administrative operations of the State Welfare Program.
1963-64 ________________..___________________$ 1,000,000.00 1964-65 __________________.______-_____--________$ 1,020,000.00
B. Grants for administration--counties for the cost of participating with the Federal Government and coun ties in the administration of local welfare programs.
1963-64 _____________________________________________$ 2,400,000.00 1964-65 -____- _____ ______________.________$ 2,400,000.00
C. Benefits
For the cost of matching Federal funds for benefits to old age, blind, permanently disabled and dependent children, and maternity and foster home care for adop tion purposes, as authorized by law.
1963-64 __________________________________________-__-$ 19,400,000.00 1964-65 ____________________________-__.--$ 19,550,000.00
D. Institutions and Youth Administration
For the cost of operation of the training schools and other institutions under the administration of the Depart ment of Welfare, provided that appropriate parts of this appropriation may be transferred to other State agencies when the said institutions are transferred to such state agencies by law. Provided further that such budget al lotment as may be set up for the construction and estab lishment of a Georgia Youth Center as of June 30, 1963, is hereby specifically re-appropriated for the same pur pose and in the same amount.
1963-64 _____-_________________________________$ 2,686,000.00 1964-65 _-,,__________________________,,_-______$ 2,937,000.00
TUESDAY, FEBRUARY 26, 1963
813
Purchases, Supervisor of
1963-64 ___________ 1964-65 __._.._..._-
SECTION 37
275,000.00 275,000.00
Provided that none of these funds shall be spent for the further study of the State Self-Insurance Pro gram unless such program is initiated and put into opera tion.
SECTION 38
Revenue, Department of
A. For cost of operating the Department of Reve nue, including liquor warehouses, provided that in addi tion to this appropriation there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of collections made in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assem bly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline.
1963-64 ..__..___--,,_.........__----__.._.--_____$ 8,000,000.00 1964-65 ---__._--._ .............................^ 8,200,000.00
B. Grants to counties--Tax re-evaluation
For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assistant counties in financing tax re-evaluation studies.
1963-64 ...._...._...__________,,.__._.__......_....__.? 1964-65 ___________________________........___._______S
100,000.00 100,000.00
SECTION 39
Secretary of State
A. Combined Divisions--For the cost of operating the office of Secretary of State, Corporation Division, Building and Loan Division, Securities Division, Com mission's Division, and Joint Secretary's Office.
1963-64 ...____---_.__.__.-_________......._? 1964-65 _--______---.___....____----.----.---$
404,900.00 418,800.00
B. Examining Boards
1963-64 ..__..___...____.._..__________---.--..$ 1964-65 __-______---__-__-___._______---_____.____$
377,800.00 397,300.00
814
JOURNAL OF THE HOUSE,
C. Archives and Records
For the cost of operation of Archives and History, microfilming and housing records, and the State Museum, including lease rental payments to the State Office Build ing Authority for the State Archives Building in amount of $815,000.00 per annum.
1963-64 ____...__...__....__.._..__._..._-__......___.__._-_,,.$ 1,063,100.00 1964-65 _.-.___ ____________,,__________________....__$ 1,081,800.00
D. Buildings and Grounds
For the cost of operating the State Capitol Building grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equipment, light, power, water, and upkeep of grounds at the Mansion and for insurance on public property not otherwise provided for. There is in cluded in this appropriation the specific sum of $85,000 per annum to provide annual lease rental so that the Secretary of State, as keeper of buildings and grounds may provide for the construction of the new Governor's Mansion.
1963-64 _______,,__._,,,,_________...__.__.___...$ 1964-65 _________,,______-,,_________________....$
339,200.00 352,100.00
E. Special repairs--Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities.
1963-64 __.______.,,___._______._______...___$ 1964-65 .-..._-___.-..___-...,,_____.._-____-..-___...-___..____...__$
100,000.00 100,000.00
SECTION 40
Stone Mountain Memorial Committee
For operating costs including cost of improvements by convict labor.
1963-64 ____,-. _______ ._____-_...______.$ 1964-65 _--__--_._______________.__--_____-____.________-__.__..___-_-$
300,000.00 300,000.00
SECTION 41
Treasury, State
For operation of State Treasury including Bond Commissioner.
1963-64 _________ ________________________________________________...__$ 1964-65 ________________________________.________-_________-$
122,500.00 122,500.00
TUESDAY, FEBRUARY 26, 1963
815
Veterans Service
SECTION 42
A. For the cost of operating the Department of Veterans Service.
1963-64 _________________________...________.__._..$ 1964-65 _______________________________.___,,_.-_......$
800,000.00 800,000.00
B. For the cost of operating the Veterans Service Board, Veterans Home.
1963-64 ____________________________________________$ 1964-65 _________________________________.___________._._._$
260,000.00 260,000.00
C. For the cost of pensions to Confederate Widows.
1963-64 __________________________.___________,,________$ 1964-65 _______-_____-__-_________.-____-_-_-_______________$
145,740.00 132,500.00
SECTION 43
Workmen's Compensation, State Board of
For the cost of operating the State Board of Work men's Compensation.
1963-64 ______________________________________-____..$ 1964-65 _______._______---_--___--_____________$
450,000.00 450,000.00
Provided that the allocations to objects in the Bud get Report shall be changed to read as follows:
Personal Services ___._____________,,_________$351,825 Operating Expenses .____________________$ 73,175
SECTION 44
For the cost of operating the State Recreation Commis sion
1963-64 __________________,,_____________.________________.______$ 1964-65 ________________________________.___.______________$
25,000.00 25,000.00
SECTION 45
Governor's Emergency Fund
There is hereby appropriated as a General Emer gency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expenditure of any part of the said fund. Ex penditures from this fund shall be made in accordance with other provisions of State law and the Constitution.
1963-64 ___________________________.._____________$ 2,000,000.00 1964-65 _____________________________________-_._____________._____.__$ 2,000,000.00
816
JOURNAL OP THE HOUSE,
SECTION 46
In accordance with the requirements of Article VII, Section VI, Par. la of the Constitution of the State of
Georgia, as amended, there is hereby appropriated pay able to each Department, Agency, or Institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or specifically authorized in this appropriation act between any department, agency or institution of the State, and any Authority created and activated at the time of the effective date of the aforesaid Constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1963, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the re quired payments in full, there shall be taken from other funds appropriated to the Department, Agency or Insti tution involved, an amount sufficient to satisfy such deficiency in full and the lease payment shall constitute a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated are to pay the general obligations of the State incurred under valid lease contracts and such ap propriations are to be paid from the General Funds of the State as a first charge upon general funds.
In the event any of the Authority Bond issues out standing are refunded so as to effect a saving, the Gen eral Assembly specifically authorizes the execution of new leases in substitution for existing leases provided only that the rental called for in any such new lease shall not exceed the rental in the existing lease, and that the term of years called for in any new lease shall not ex ceed the term of years remaining in the existing lease.
SECTION 47
All expenditures and appropriations made and au thorized under this Act shall be according to Objects as specified in the Governor's recommendation contained in the Budget Reports submitted to the General Assembly at the regular January Session 1963, pages 1 through 95 inclusive, except as otherwise specified in this Act. Pro vided, however, the Director of the Budget is authorized to make internal transfers within a Budget Unit between Objects; provided also, within five days after any such transfer is made, that transfer together with an explana tion of the reason therefor shall be reported, in writing, to the Chairmen and Vice-Chairmen of the Appropria tions Committees of the House and Senate and to the
TUESDAY, FEBRUARY 26, 1963
817
Speaker of the House and Lieutenant Governor. This Sec tion applies to all funds of each Budget Unit from what ever source derived. In those cases in which the said Bud get Report contains no recommendation of expenditures as to Objects by the Governor, the Director of the Bud get, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to Object said funds as he deems proper.
SECTION 48
In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year for which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the State Budget Authority is authorized and is hereby di rected to make prorata reduction of the amount that each appropriation item provided for in the foregoing, is in excess of the actual operating budget allotment ap proved by the Budget Bureau for each respective item, for each fiscal year. Said pro-rata reduction in each fis cal year shall be equal to the percentage that the total amount of the deficiency in the Treasury in the fiscal year bears to the total appropriations for such fiscal year.
The amounts of the appropriations so reduced as di rected herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to econo mize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved bud get allotments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.
Total Appropriation 1963-64 ______.____,_^_________.____.____._$465,198,592.90 Total Appropriation 1964-65 -___,,_____,,___--_______________..___$488,728)852.90
SECTION 49
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Bolton of Spalding asked unanimous consent that further consideration of HB 48 be postponed until Wednesday, February 27, 1963, and the consent was granted.
HB 48 was postponed until Wednesday, February 27, 1963.
818
JOURNAL OF THE HOUSE,
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The Speaker Pro-Tern announced the House adjourned until 10:00 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 27, 1963
819
Representative Hall, Atlanta, Georgia Wednesday, February 27, 1963
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 Reverend Carroll Crosby, Pastor of the Unity Methodist Church, Lakeland, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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.
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 27, 1963, and submits the following:
HB
24. Industrial Development Authority
HB
48. General Appropriations Act (postponed, 2-27-63)
820
JOURNAL OF THE HOUSE,
HR 34-68. Convey property, Richmond County
HB 121. Motor common carriers, redefine "for hire"
HB 122. Motor carriers; redefine "for hire"
HB 225. Cosmetology, regulate
HB 226. Barbers and Hairdressers, regulate (postponed)
HR 137-355. Constitution Revision Commission
HB 394. Relating to kinds of insurance
HB 395. Owners of motor vehicles, security
HB 205. Notes of indebtedness, counties, etc. (reconsidered)
SB
7. School superintendents, qualifications (postponed)
SB
8. School superintendents, filling vacancies (postponed)
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham,
Secretary.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 454. By Messrs. Stalnaker and Peterson of Houston:
A Bill to be entitled an Act to amend an Act to create and incorporate a new municipality in Houston County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 455. By Messrs. Blair and Sewell of Sumter:
A Bill to be entitled an Act to provide that the Coroner of Sumter County shall be compensated on a fee basis supplemented by a salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 456. By Messrs. Smith and Mitchell of Whitfield:
A Bill to be entitled an Act to amend an Act authorizing the Ordinary or anyone performing the duties of the Ordinary to use photostatic equipment in recording documents, so as to require that photographic recording equipment be installed in certain counties; and for other purposes.
Referred to the Committee on Judiciary.
WEDNESDAY, FEBRUARY 27, 1963
821
HB 457. By Messrs. Gibbons and Walker of Lowndes:
A Bill to be entitled an Act to amend an Act providing for a supple ment to the compensation of the Judge of the Superior Courts of the Southern Judicial Circuit, so as to change the proportionate share paid by Lowndes County; and for other purposes.
Referred to the Committee on Judiciary.
HB 458. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to personal exemptions and credits, so as to provide a change in the exemptions to be allowed to taxpayers for dependent children who are students during such taxpayers taxable year; and for other purposes.
Referred to the Committee on Ways and Means.
HB 459. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act creating the State Board of Dispensing Opticians, so as to provide for the licensing of dispens ing opticians upon the certification of a licensed optometrist; and for other purposes.
Referred to the Committee on Industry.
HB 460. By Mr. Jones of Worth:
A Bill to be entitled an Act to provide for the revocation of licenses of licensees convicted of false and fraudulent advertising; and for other purposes.
Referred to the Committee on Industry.
HB 461. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 462. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act relating to abandonment of children, so as to provide for venue in abandonment cases; and for other purposes.
Referred to the Committee on Special Judiciary.
822
JOURNAL OF THE HOUSE,
HB 463. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act relating to the manner of conducting elections, so as to eliminate the use of tally sheets in elections; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 464. By Messrs. Lane and Nessmith of Bulloch:
A Bill to be entitled an Act to amend an Act relating to fees paid to coroners, so as to change the compensation for coroners in certain counties; and for other purposes.
Referred to the Committee on Judiciary.
HB 465. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and Tax Receiver and creating the office of Tax Com missioner, of Chattahoochee County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 466. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to place the Sheriffs in certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Judiciary.
HB 467. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to place the Clerks of the Superior Court and the Ordinaries of certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on Judiciary.
HB 468. By Mr. Rhodes of Baker: A Bill to be entitled an Act to repeal an Act to provide for compensa tion of persons holding office of tax collector in certain counties; and for other purposes.
Referred to the Committee on Judiciary.
HB 469. By Messrs. Harris, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing a method of fixing salaries of Court Bailiffs in certain counties, so as to change the population requirements from 200,000 to 500,000 inhabitants or more; and for other purposes.
Referred to the Committee on Judiciary.
WEDNESDAY, FEBRUARY 27, 1963
823
HB 470. By Messrs. Harris, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the exami nation for qualified electricians in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
HR 166-470. By Messrs. Rodgers of Charlton and Wells of Camden:
A Resolution designating the Alva P. Hopkins, Jr. Bridge; and for other purposes.
Referred to the Committee on Highways.
HB 471. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; to provide for additional duties of the Revenue Commissioner; and relating to the sale of alcoholic beverages; and for other purposes.
Mr. Fulford of Terrell moved that HB 471 be engrossed.
On the motion to engross, the ayes were 105, nays 0.
The Speaker ordered HB 471 engrossed and referred the same to the Com mittee on Temperance.
HB 472. By Messrs. Coker and Pope of Cherokee, Acree of Towns, Johnson of Elbert, and Smith of Habersham:
A Bill to be entitled an Act to amend an Act known as the "Hospital Authorities Act", so as to provide for the method of appointment of trustees; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 473. By Messrs. Arnsdorff of Effingham, Parker of Screven, Newton of Colquitt, Bowen of Toombs and Newton of Jenkins:
A Bill to be entitled an Act to define the terms "agricultural products", "Agricultural Commodities", and "Farm products"; and for other pur poses.
Referred to the Committee on Agriculture.
824
JOURNAL OF THE HOUSE,
HB 474. By Messrs. Teague, Flournoy and Wilson of Cobb and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell so as to change the corporate limits of the City of Austell; and for other purposes.
Referred to Committee on Local Affairs.
HB 475. By Mr. Payton of Coweta:
A Bill to be entitled an Act to amend an Act renumerating public and legal holidays for this State, so as to provide that if any public or legal holiday shall fall on Saturday, the following Monday shall be observed as a holiday; and for other purposes.
Referred to the Committee on State of Republic.
HB 476. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General; and for other purposes.
Referred to the Committee on Local Affairs.
HB 477. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to prohibit the hunting and taking of certain birds; and for other purposes.
Referred to the Committee on Natural Resources.
HR 167-477. By Messrs. Odom and Lee of Dougherty:
A Resolution to amend a Resolution providing that the Judges of the Superior Courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of traveling expenses, so as to change the amount of traveling expenses; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 168-477. By Messrs. McClelland and Etheridge of Fulton:
A Resolution proposing the creation of a county consolidation study Committee; and for other purposes.
Referred to the Committee on Special Judiciary.
WEDNESDAY, FEBRUARY 27, 1963
825
HB 478. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, so as to prescribe qualifications for judges of said court; and for other purposes.
HR 169-478. By Mr. Williams of Hall:
A Resolution to compensate Claubus E. Adams, 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 430. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Cusseta; and for other purposes.
HB 431. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
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 the sale of tangible personal property to the University System of Geor gia; and for other purposes.
HB 432. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act entitled "An Act making provision for the licensure of applied psychologists, through a State Board of Examiners", so as to change the method of appealing de cisions of the Board to revoke licenses; and for other purposes.
HB 433. By Mr. Herndon of Appling:
A Bill to be entitled an Act to amend an Act creaitng a Board of Com missioners of Roads and Revenues for the County of Appling; and for other purposes.
HB 434. By Mr. Herndon of Appling:
A Bill to be entitled an Act to establish the number of votes necessary for the Board of Education of Appling County to take official action; and for other purposes.
826
JOURNAL OP THE HOUSE,
HB 435. By Messrs. Bowen of Toombs, Fowler of Treutlen, Perry of Evans, Nessmith of Bulloch, Williams and Milhollin of Coffee and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960, so as to redefine term "manufacturer"; and for other purposes.
HB 436. By Mr. Tucker of Burke:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to increase the pay of the Stenographer of the City Court; and for other purposes.
HB 437. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Crawford on a salary in lieu of the fee system of compensation; and for other purposes.
HB 438. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend an Act incorporating Andrew Female College; and for other purposes.
HR 160-438. By Messrs. Wilkes of Cook, Hill of Meriwether and Jones of Worth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the various superior courts of this State to incorporate districts for the purpose of acquiring, constructing, and maintaining fire protection systems; and for other purposes.
HR 161-438. By Mr. Tucker of Burke:
A Resolution proposing an amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County; and for other purposes.
HB 439. By Mr. Carr of Washington:
A Bill to be entitled an Act to consolidate all of the laws chartering the Town of Oconee to grant a new charter; to provide that the Town of Oconee shall be known as the City of Oconee; and for other purposes.
HB 440. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend the charter of the City of Manchester relating to the Commissioners; and for other purposes.
WEDNESDAY, FEBRUARY 27, 1963
827
HB 441. By Messrs. Vaughn and Rutland of DeKalb:
A Bill to be entitled an Act to provide for security officers of the Stone Mountain Memorial Association; and for other purposes.
HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.
HB 443. By Mr. Ware of Troup:
A Bill to be entitled an Act to amend an Act creating the Georgia Ports Authority, so as to define the word "project"; to remove the limitation on the issuance of bonds; and for other purposes.
HB 444. By Messrs. Mitchell and Smith of Whitfield:
A Bill to be entitled an Act to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit to be composed of the counties of Whitfield and Murray; and for other purposes.
HB 445. By Messrs. Clarke of Monroe, Lambert of Morgan and House of Bibb:
A Bill to be entitled an Act to amend an Act relating to measure of damages of timber cut, so as to provide for an action in trover; and for other purposes.
HR 163-445. By Messrs. Smith of Habersham, Coker of Cherokee, Milford of Franklin, Lewis of Wilkinson, Pope of Cherokee and Woodward of Butts:
A Resolution proposing an amendment to the Constitution, so as to authorize scholarships for dental students; and for other purposes.
HB 446. By Messrs. Carr of Washington, Smith of Telfair, Hall of Lee, Reaves of Brooks, Herndon of Appling, Russell of Thomas, and many others:
A Bill to be enttiled an Act to amend an Act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, so as to provide for the improvement of real estate held under a deed containing a reversionary clause; and for other purposes.
HB 447. By Mr. Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville; to provide for the disposition of all monies arising from fines, forfeitures, forfeited recognizances and convict hire over and above cost in each case; and for other purposes.
828
JOURNAL OF THE HOUSE,
HB 448. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to consolidate the offices of Tax receiver and tax collector of Pulaski County into the office of Tax Commissioner of Pulaski County; and for other purposes.
HB 449. By Messrs. Bagby of Paulding, Cullen of Bartow, Jordan of Floyd, Floyd of Chattooga, Groover of Bibb, Matthews of Colquitt and many others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person who has been convicted for the violation of any of the criminal laws against the United States of America and who has served two separate sentences in any penal institution, custodial institution or other places of confinement to serve in any municipal, county, dis trict or State election or primary; and for other purposes.
HB 450. By Messrs. Wells of Oconee, Ballard of Newton, Barber of Jackson, Brooks of Oglethorpe, Lewis of Wilkinson, Moate of Hancock and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for teachers in State Public Schools, so as to provide for certain provisions of the Act to pertain to teachers retiring before January 1, 1963; and for other purposes.
HB 451. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide for the exemption of said tax of funeral expenses; and for other purposes.
HB 452. By Mr. Story of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled the "Juvenile Courts Act, so as to change the age limit for making public the name or picture of any child under the jurisdiction of the court; and for other purposes.
HB 453. By Messrs. Abney and Snow of Walker:
A Bill to be entitled an Act to provide that in any action based on a tort, prior settlement or release of damages arising out of the tort pleaded in said cause made on behalf of a party named in said cause by another, made with the expressed consent of such party given in writing after the cause of action arose, shall be a complete bar and full satisfaction and accord to the cause of action by the party who executed said settlement and release or the party on whose behalf said settlement and release was executed; and for other purposes.
WEDNESDAY, FEBRUARY 27, 1963
829
HR 164-453. By Mr. Mackay of DeKalb:
A Resolution creating a Committee to study ways and means of creating Congressional Districts which shall be reasonably apportioned on a population basis; and for other purposes.
SB 65. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.
The following report was received:
MINORITY REPORT BY CERTAIN MEMBERS OF THE JUDICIAL COMMITTEE
Mr. Speaker:
The Judiciary Committee of the House of Representatives has had under consideration the following Bill of the Senate:
"SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th and others:
A BILL TO BE ENTITLED
An Act to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, self-governing bar association to be known as the 'State Bar of Georgia' composed of all persons now or hereafter licensed to practice law in this State." and the same has been reported back to the House of Representatives by a majority of the members of said Committee with the recommenda tion that the same "do pass".
We, the undersigned, being duly appointed members of the Judiciary Committee of the House of Representatives disagree with the report made by the majority of the members of the Judicial Committee and respectfully submit our recommendation to the House of Representa tives that SB 62 "do not pass".
Having heard the proponents of said Bill and the opponents, it is the conclusion of the undersigned that the Bill is an effort to take the control of the Georgia Lawyers away from the General Assembly of Georgia and place it with the Supreme Court of Georgia.
This is evident in view of the vagueness of the Bill, since it is bare of any rules it proposes the Court to promulgate; however, dele gating the Authority out-right.
830
JOURNAL OF THE HOUSE,
It is realized by the undersigned that the Supreme Court could now suggest through the Legislative Committee of the Georgia Bar Association, any rules or regulations it deems needful, which in turn could be introduced in the form of a Bill and passed upon by the General Assembly. We conclude that this method is workable assuming the effort is made by the Bar Association, because the peoples' Representa tives will then pass on any proposed Rules, and the people affected can be heard.
The proponents admit that the Bill delegates authority to make rules, without stating what rules are needed and without stating a specific instance of need for additional rules.
The proponents merely suggest by conclusion that the Bill will up-grade the Georgia Lawyers, by continuing their education, and by bringing the Lawyers under the unnamed rules.
This presents the serious question of whether or not the proposed Incorporated Bar will require additional compulsory Education by forceable attendance at University Spsonsored Seminars in Athens, Georgia, if so, will it apply to all Lawyers regardless of previous legal education and experience? Nothing in the Bill answers this question.
Another question of vital concern to the people of Georgia, is whether or not the term "upgrade" shall mean a rule of the Incorporated Bar that a minimum Fee Schedule shall uniformly apply all over Geor gia without regard to local economic situations. In this respect a few years ago it is noted that the Georgia Bar Association suggested a minimum fee schedule wholely untenable with many rural areas, which we must assume served the large urban areas, because the suggestions were for increasing usual minimum fees in some areas of our state, 100%. The masses of the people of some areas could not afford these fees.
In view of the vagueness of the Bill, and the points set out above, the undersigned decline to vote favorably on its passage.
This minority report respectfully submitted, this the 26 day of February, 1963.
Respectfully submitted,
Bynum of Rabun Snow of Walker Tucker of Catoosa
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
WEDNESDAY, FEBRUARY 27, 1963
831
Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 62. Do Pass. Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Hale of Dade 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 174. Do Pass. HB 369. Do Pass. HB 416. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Dorminy of Ben Hill 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 269. Do Pass. HB 446. Do Pass.
Respectfully submitted, Dorminy of Ben Hill, Chairman
Mr. Dorminy of Ben Hill County, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the
832
JOURNAL OF THE HOUSE,
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 165. Do Pass. HB 321. Do Pass.
HB 210. Do Pass, by Committee Substitute.
Respectfully submitted, Dorminy of Ben Hill, Chairman
Mr. Branch of Tift County, Chairman of the Committee on State Institu tions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & 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 109-267. Do Pass, as Amended.
Respectfully submitted, Branch of Tift, Chairman.
Mr. Towson of Laurens County, Chairman of the Committee on Ways & Means, has submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means 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 409. Do Pass.
HB 411. Do Pass.
Respectfully submitted, Towson of Laurens, 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:
WEDNESDAY, FEBRUARY 27, 1963
833
HB 28. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act relating to pensions to officers and employees in cities having a population of more than 150,000, so as to provide for a refund of contributions by members made for months for which no pensions credit accrues; and for other purposes.
HB 29. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a popu lation of more than 150,000; and for other purposes.
HB 30. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act to repeal an Act relating to pensions for members of the Police Department in cities having a population of 150,000; and for other purposes.
HB 31. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act relating to the Treasurer in cities having a population of more than 150,000; and for other purposes.
HB 32. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000; and for other purposes.
HB 33. By Messrs. Brooks, Etheridge and McClelland of Fulton:
A Bill to amend an Act to repeal an Act relating to pensions for members of the police department in cities having a population of more than 150,000; and for other purposes.
HB 148. By Messrs. Busbee of Dougherty, Knight of Laurens and others:
A Bill to amend an Act providing retirement benefits for the Clerks of the Superior Courts of this State, so as to provide for investments to authorize employment of agents for advisory purposes; 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:
834
JOURNAL OP THE HOUSE,
HB 181. By Mr. Bynum of Eabun:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, so as to provide a clerk for the Tax Commissioner; and for other purposes.
HB 185. By Messrs. Smith and Mitchell of Whitfield:
A Bill to amend the charter of the City of Dalton, establishing the corporate limits; and for other purposes.
HB 233. By Mr. Reaves of Brooks:
A Bill to create a Small Claims Court in certain counties having a population of not less than 15,230 and not more than 15,825; and for other purposes.
HB 239. By Mr. Bowen of Toombs:
A Bill to amend an Act incorporating the City of Lyons; and for other purposes.
HB 240. By Mr. Bowen of Toombs:
A Bill to amend an Act incorporating the City of Lyons, so as to change the corporate limits; and for other purposes.
HB 243. By Mr. Deen of Bacon:
A Bill to create a Board of Commissioners of Roads and Revenues for Bacon County; to provide for dividing said county into commission districts; and for other purposes.
HB 244. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to create the Cobb County Planning Department; to provide for a planning engineer; and for other purposes.
HB 249. By Mr. Tabb of Miller:
A Bill to amend an Act incorporating the City of Colquitt; 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 House to wit:
WEDNESDAY, FEBRUARY 27, 1963
835
HB 250. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, so as to provide for a change in the compensation of the Ordinary of Clayton County; and for other purposes.
HB 253. By Messrs. Matthews and Bedgood of Clarke:
A Bill to amend an Act relating to the charter of the Town of Athens, so as to provide that the Mayor or Mayor Pro Tern, and any six Aldermen shall constitute a quorum for the transaction of any business before the City Council; and for other purposes.
HB 256. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to authorize certain cities to become self insurers; to limit the amounts and coverages of self insurance; and for other purposes.
HB 260. By Mr. Perry of Evans:
A Bill to amend an Act authorizing and directing the proper authorities of the County of Evans having charge of the fiscal affairs of said County to pay the Ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed; and for other purposes.
HB 263. By Messrs. Payton and Blalock of Coweta:
A Bill to amend an Act changing the compensation of the Sheriff, the Ordinary and the Clerk of the Superior Court of Coweta County from the fee system to the salary system, so as to change the clerical expense authorization for the office of the Ordinary; and for other purposes.
HB 264. By Messrs. Payton and Blalock of Coweta:
A Bill to amend an Act creating a new charter for the City of Newnan, so as to increase the compensation of the Mayor and members of the Board of Aldermen; 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 constitutional majority the following Bills, and Resolutions of the House to wit:
836
JOURNAL OF THE HOUSE,
HB 273. By Mr. Sinclair of Macon:
A Bill to amend an Act establishing a City Court of Oglethorpe, in the County of Macon, so as to increase the salary of the Judge of the City Court from $2,400.00 per annum to $3,600 per annum; and for other purposes.
HB 274. By Messrs. Echols and Caldwell of Upson:
A Bill creating a new charter for the City of Thomaston; and for other purposes.
HB 275. By Messrs. Echols and Caldwell 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 for other purposes.
HB 278. By Messrs. Harris, Mackay and Rutland of DeKalb:
A Bill to amend an Act creating a new charter for the City of Chamblee, so as to authorize the Mayor and Council to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes.
HB 279. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act prescribing the procedure for the exercise of the power of eminent domain by the State of Georgia; and for other purposes.
HB 280. By Messrs. Bolton of Spalding, Smith of Grady and others:
A Bill to amend an Act entitled the "Georgia Rural Roads Authority Act" so as to change the membership of said Authority; and for other purposes.
HB 281. By Messrs. Bolton of Spalding, Smith of Grady and others:
A Bill to amend an Act creating the offices of State Highway Board, so as to provide that the Director of the Department shall not constitute the Georgia State Highway Authority; 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:
WEDNESDAY, FEBRUARY 27, 1963
837
HB 282. By Messrs. Bolton of Spalding, Smith of Grady and others:
A Bill to amend an Act entitled the "State Toll Bridge Authority Act", so as to change the membership of the Authority; and for other purposes.
HB 283. By Messrs. Bolton of Spalding, Smith of Grady and others:
A Bill to amend an Act entitled the "Georgia State Highway Authority Act", so as to change the membership of said Authority; and for other purposes.
HB 285. By Messrs. Ballard and Morgan of Newton:
A Bill to consolidate the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner of Newton County; and for other purposes.
HB 286. By Messrs. Coker and Pope of Cherokee:
A Bill to amend an Act establishing a salary system for the Sheriff, the Clerk of the Superior Court, the Tax Commissioner and Ordinary of Cherokee County; and for other purposes.
HB 287. By Mr. Brantley of Candler:
A Bill to amend an Act to provide for the creation of a Board of Roads and Revenues Commissioners in and for the County of Candler; and for other purposes.
HB 292. By Mr. Tucker of Burke:
A Bill to create the Burke County Development Authority; and for other purposes.
HB 293. By Mr. Jones of Worth:
A Bill to amend an Act to create a new charter for the City of Sylvester, so as to extend the City limits; and for other purposes.
HB 295. By Mr. Jones of Worth:
A Bill to amend an Act to create a new charter for the City of Sylvester, so as to enlarge the city limits; 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:
838
JOURNAL OF THE HOUSE,
HB 318. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act providing in Fulton, a system of pensions and retirement pay to teachers and employees of the Board of Education, so as to provide additional pension benefits to certain former teachers and employees; and for other purposes.
HR 47-107. By Messrs. Overby and Williams of Hall:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of Hall County; and for other purposes.
HR 90-163. By Messrs. Griffin and Conger of Decatur:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Decatur County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; and for other purposes.
HR 106-254. By Mr. Herndon of Appling:
A Resolution to relieve Troy Hartley as security on a bond; 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 49. By Senators Brown of the 34th, Wesberry of the 37th and others:
A Bill to amend an Act establishing a new charter for the City of Fairburn, approved August 3, 1925, as amended by an Act approved March 21, 1958; and for other purposes.
SB 51. By Senators Mclntyre of the 40th, Brown of the 34th and others:
A Bill to amend an Act establishing a new charter for the City of East Point in Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et. seq.) and the several Acts amendatory thereof; and for other purposes.
SB 52. By Senator Knox of the 24th:
A Bill to amend an Act placing certain county officers of McDuffie County on a salary system in lieu of a fee system, approved March 9, 1959 (Ga. L. 1959, p. 2568), so as to provide a contingent expense allowance for the Clerk of the Superior Court; and for other purposes.
WEDNESDAY, FEBRUARY 27, 1963
839
SB 74. By Senator Byrd of the 17th:
A Bill to amend Chapter 92-6 of the Code of Georgia, relating to returns to tax receivers, so as to provide for making tax returns by mail; and for other purposes.
SB 83. By Senator Pannell of the 54th:
A Bill to provide an alternate method for furnishing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
SB 84. By Senator Pannell of the 54th:
A Bill to provide an alternate method for furnishing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; 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 87. By Senators Salome of the 36th, Brown of the 34th and others:
A Bill to amend the Act relating to the compensation of Judges of the Civil Court of Fulton County; to repeal conflicting laws; and for other purposes.
SB 100. By Senator Gayner of the 5th:
A Bill to provide for a secretary for the Judge of the Superior Court of the Brunswick Judicial Circuit; to provide for the method of pay ment of such secretary by the counties of said circuit; and for other purposes.
SB 102. By Senator Carlton of the 21st:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954, (Ga. L. 1954, Nov.-Dec. Sess., p. 556), as amended, so as to provide that any person may stop and park a school bus on any road to discharge passengers who are teachers, students, or employees of a school; and for other purposes.
840
JOURNAL OP THE HOUSE,
SB 104. By Senators Brown of the 34th, Coggin of the 35th and others:
A Bill to amend an Act entitled "An Act to establish a method for providing fire prevention systems in the unincorporated portion of Pulton County; and for other purposes."
SB 105. By Senator Byrd of the 17th:
A Bill to provide for the consolidation of schools in counties having a population of not less than 8,250 and not more than 8,350 according to the United States census of 1950, or any future; to provide the procedure connected therewith; 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 the report of the Committee of Conference on the following Bill of the Senate:
SB 5. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Bill to authorize the State and all its agencies, within constitutional limitations, to make available, in certain instances, services, assistance, funds, property and etc., to counties and municipalities who consolidate and merge; and for other purposes.
The Senate insists on its position on the following Resolution of the House and respectfully ask that a Committee of Conference be appointed.
HR 21. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution creating the "Governor's Commission to Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission and for other purposes.
The President has appointed on the part of the Senate Senators Pannell of the 54th, Gayner of the 5th and Webb of the llth:
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:
WEDNESDAY, FEBRUARY 27, 1963
841
HB 138. By Mr. Knight of Berrien:
A Bill to repeal and supersede an Act incorporating the Town of Enigma; and for other purposes.
HB 303. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees of Fulton County; and for other purposes.
HB 169. By Mr. Sangster of Dooly:
A Bill to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Pinehurst in Dooly County; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House:
HB 319. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regula tions governing the payment of pensions to County employees, so as to provide additional pension benefits to certain former officers and employees; and for other purposes.
Mr. Hull of Richmond asked unanimous consent that the following Bill of the House be withdrawn from further consideration:
HB 387. By Mr. Hull of Richmond: A Bill to be entitled an Act to make it unlawful for any person, firm, corporation or association to advertise in any manner the price, terms of payment for, or quality of prescribed ophthalmic material, eye or visual examination or service relative thereto, or the fact that any eye or visual examination or service relative thereto is free or included in cost of any prescribed lenses; and for other purposes.
The consent was granted and HB 387 was withdrawn from further consideration.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
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HB 169. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend, consolidate, create, revise and supercede the several Acts incorporating the Town of Pinehurst, in Dooly County; and for other purposes.
The following Senate amendment was read:
The Committee on County and Municipal Governments moves to amend HB 169, as follows:
By striking Section 2 in its entirety and inserting in lieu thereof a new Section to read as follows:
"Section 2. The corporate liimts of the City of Pinehurst shall extend one-half (%) of one (1) mile directly to the north, west, south and last from the point designated by a marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895; the north and south boundary of said corporate limits running east and west and the west and east boundary running north and south and more particularly described as follows:
"Beginning at a marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895, and running due north for one-half (%) mile; thence due west for one-half (%) mile; thence due south for one (1) mile; thence due east for one (1) mile; thence due north for one (1) mile; and thence due west for one-half (%) mile to the point that is one-half (%) mile due north of the marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895."
By striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The general elections for the elections of City officials of the City of Pinehurst shall be held annually on the second Monday in December beginning in the year, 1963. Any other provision or provisions of this Act to the contrary notwithstanding, the present Mayor of the Town of Pinehurst, W. L. Home, shall serve his term of office and said W. L. Home is hereby appointed Mayor of the City of Pinehurst to hold the said office until the first Monday in January, 1964. On the second Monday in December 1963 and every two (2) years thereafter there shall be an election for Mayor for the City of Pinehurst and the person so elected at such election and qualified shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election. Any other provision or pro visions of this Act to the contrary notwithstanding, the following three (3) present councilmen of the Town of Pinehurst W. A. Snelling, Jr., W. A. Leaptrot and M. C. Peavy, Jr., shall serve their terms of office and said W. A. Snelling, Jr., W. A. Leaptrot
WEDNESDAY, FEBRUARY 27, 1963
843
and M. C. Peavy, Jr. are hereby appointed Councilmen of the City of Pinehurst to hold the said offices until the first Monday in January, 1964. On the second Monday of December, 1963, and every two (2) years thereafter there shall be an election for three (3) Councilmen for the City of Pinehurst and the persons so elected at such election shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election and for the purpose of electing said three (3) Councilmen, their offices shall be designated as Position 1, Position 2 and Position 3 and in all elections held to elect successors to said positions, any person qualifying shall designate the position to or for which he or she is seeking or offers to be elected. Any other provision or provisions of this Act to the contrary notwith standing, the remaining three (3) present Councilmen of the Town of Pinehurst J. E. Roberts, V. L. Daniels and Raymond E. Davis shall serve their terms of office and said J. E. Roberts, V. L. Daniels and Raymond E. Davis are hereby appointed Councilmen of the City of Pinehurst to hold the said offices until the first Monday of January in 1965. On the second Monday of December, 1964, and every two (2) years thereafter there shall be an election for three (3) Councilmen for the City of Pinehurst and the persons so elected at such election shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election and for the purpose of electing and for the purpose of electing said three (3) Councilmen, their offices shall be designated as Position 4, Position 5 and Position 6 and in all elections held to elect successors to said positions, any person qualifying shall designate the position to or for which he or she is seeking or offers to be elected.
"The Mayor and six (6) Councilmen named herein and those hereafter elected shall serve until their successors are elected and qualified. The purpose and intent of this Section is to provide for a Mayor whose term of office shall be for two (2) years and six (6) Councilmen with staggered terms of two (2) years each."
By striking the last sentence of the first paragraph of Section 57 which reads as follows:
"The said city is authorized to exempt from tax or license or both any new business or enterprise coming to and locating in Pinehurst, however, this exemption cannot exceed five (5) years." in its entirety.
By striking from Section 76 the words "Fullington Avenue" and inserting in lieu thereof the words "Haslam Avenue."
Mr. Sangster of Dooly 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 169 was agreed to.
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JOURNAL OF THE HOUSE,
HB 55. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to be entitled an Act to create The Steamship "Savannah" Commission, a body corporate and politic and a public corporation of the State; and for other purposes.
The following Senate amendment was read:
The Senate County and Municipal Government Committee moves to amend HB 55 as follows:
By striking from the first sentence of Section 2 the words "resi dents of the State of Georgia" and substituting in lieu thereof the words "residents of the County of Chatham, State of Georgia", so that when so amended the first sentence of Section 2 shall read as follows:
"The Commission shall consist of ten (10) members who shall be residents of the County of Chatham, State of Georgia."
Mr. Richardson of Chatham moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendment was agreed to.
HB 138. By Mr. Knight of Berrien: A Bill to be entitled an Act to repeal and supersede an Act incorporating the Town of Enigma; and for other purposes.
The following Senate amendment was read:
Senator Rowan of the 8th moves to amend HB 138, as follows: By striking from Section 18 the following:
"ad valorem tax on all real and personal property within the corporate limits of said city not exceeding five (5) per centum thereof,",
and inserting in lieu thereof the following:
"an ad valorem tax not exceeding one and 50/100 ($1.50) dollars on each one hundred ($100.00) dollars value of all real and personal property within the corporate limits of said city,"
WEDNESDAY, FEBRUARY 27, 1963
845
Amendment to Section 23 of HB 138 (as amended)
Senator Rowan of the 8th moves to amend HB 138 as follows:
By inserting between the words "rendering" and "communication" the word "electric power or" so that when amended said Section 23 will read as follows:
"Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance, rules, and regulations provide for the examination and licensing of all builders, electricians, pipe fitters, plumbers, and other tradesmen before such builders, elec tricians, plumbers, and other tradesmen, shall do any building, electrical work, or plumbing in said city, provided, however, that the provisions of this Section and the provisions of this Act shall not be construed to authorize the adoption of codes concerning, or the examination of those concerned with, or the inspection of, the installation, repair or maintenance of electric wires or equip ment by or for a utility rendering electric power or communication services and required by it to be utilized in the rendition of its duly authorized service to the public."
Mr. Knight of Berrien moved that the House agree to the Senate amendments.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendments were agreed to.
HB 303. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees of Fulton County; and for other purposes.
The following Senate amendment was read.
Senator Brown of 34th moves to amend HB 303 as follows:
By striking in its entirety the first unnumbered paragraph of sub section (g), Section I of said Bill and inserting in lieu thereof a new first unnumbered paragraph in subsection (g) of Section I, to be read as follows:
"(g) In addition to the payments required to be made in subsection (f) above any present officer 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 prior creditable
846
JOURNAL OF THE HOUSE,
service, including years of service credited to him for employment by the State of Georgia or municipalities located in whole or in part in Fulton County, provided he shall pay into the pension fund the sum of 6% of his total salary up to a maximum monthly salary of $1,000.00 from the time his salary exceeded $300.00 per month which said total payment includes payment for a pension to a beneficiary. All payments previously made by such officer or employee to the Fulton County Pension Plan shall be deducted from the total amount due in arriving at the total sum of 6%, referred to above."
By striking subsection (j), Section I, of said Bill in its entirety and inserting in lieu thereof a new subsection (j), Section I, which shall read as follows:
"The monthly pensions paid hereunder shall be examined by the Comptroller of Fulton County.
"In the event that such examination discloses either under payment or overpayment made to any pensioner, the Fulton County Pension Board shall balance the account of such person by paying or crediting the pensioner with the amount of any underpayment or collecting from him the amount of any overpayment as the case may be."
Mr. Etheridge of Fulton moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 110, nays 0.
The Senate amendment was agreed to.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 228. By Mr. Jones of Worth: A Bill to be entitled an Act to establish a Small Claims Court in counties having a population of not less than 15,900, and not more than 16,700; for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 228 as follows:
By striking the figures "15,900" as they appear in the Title and Section 1 of said Bill, and substituting in lieu thereof the figures "16,500".
WEDNESDAY, FEBRUARY 27, 1963
847
By striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. The Governor shall appoint a citizen of any such county who shall be an attorney at law to be judge of any court for a four-year term beginning from the time of his appointment. Thereafter all subsequent appointees shall also be attorneys at law."
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 110, nays 0. as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 356. By Messrs. McClelland, Etheridge and Brooks of Pulton:
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 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 405. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lumpkin; and for other purposes.
The report 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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HB 407. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to authorize any counties in this State having a population of between 46,000 and 47,000 to establish a law library; and for other purposes.
The report 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 408. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to authorize the establishment of a Civil Service System in Clayton County for employees of Clayton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 412. By Messrs. Branch and Alien of Tift:
A Bill to be entitled an Act to amend an Act repealing the charter then existing in the City of Tifton and providing a new charter for the City of Tifton, so as to provide that the Commissioners of said City shall have the power to place water pipes and sewer lines in the 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.
WEDNESDAY, FEBRUARY 27, 1963
849
HB 413. By Messrs. Alien and Branch of Tift:
A Bill to be entitled an Act to amend an Act repealing the then existing Charter of the City of Tifton and providing an additional charter for the City of Tifton, relating to salaries of the Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 414. By Messrs. Branch and Alien of Tift:
A Bill to be enttiled an Act to amend an Act repealing the Charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years; and for other purposes.
The report of the Committee, whih 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 174. By Mr. Simmons of Banks: A Bill to be entitled an Act to amend an Act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other purposes.
The report 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 416. By Messrs. Waldrop and Duncan of Carroll: A Bill to be entitled an Act to amend an Act creating a charter for the City of Bowdon; 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 369. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to change the terms of the Superior Court of Charlton County 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House and Senate were read and adopted:
HR 170. By Mr. Lee of Clinch:
A RESOLUTION
Urging construction of a bridge across the Okefenokee Swamp connecting State Highway #177; and for other purposes.
WHEREAS, State Highway #177 has been constructed so that the northern portion theerof extends southward from U. S. Highway #23 and the southern portion extends northeasterly from U. S. #441 into the Okefenokee Wildlife Refuge; and
WHEREAS, there is a sixteen mile gap between the northern and southeastern terminus of said highway; and
WHEREAS, it is possible and feasible to construct a sixteen mile, six foot vertical clearance, tangent, two lane level concrete bridge with pull-off parking areas to complete said highway; and
WHEREAS, said bridge would have a six foot vertical clearance, permitting sufficient clearance for passage of boats and wild life thereunder; and
WEDNESDAY, FEBRUARY 27, 1963
851
WHEREAS, the right-of-way for such bridge would not exceed fifty feet in width, thus leaving the tall and majestic cypress trees which abound in said area, thereby providing an abundance of natural shade, beauty and scenic views; and
WHEREAS, the erection, maintenance, and use of this proposed bridge would not in any way be harmful to fish, serpents or wild life, which inhabit said area; and
WHEREAS, through the employment of appropriate wild life rangers, restrictions prohibiting the use of firearms as a protection to wild life population could be easily imposed; and
WHEREAS, a tourist attraction of this type would be the only one of its kind on the North American Continent; and
WHEREAS, the assistance afforded to the students of the study of Biology, Entomology, Wild Life and Forestry would be untold; and
WHEREAS, construction of this bridge would provide a national landmark that would greatly assist private, commercial and military aviation; and
WHEREAS, construction of this proposed bridge would furnish a bountiful market for employment in a depressed area which is suffering from a critical unemployment problem; and
WHEREAS, the construction of this project would make available and accessible to the general public the natural beauty possessed by this vast wilderness known as the "Land of the Trembling Earth", who would never have an opportunity to observe it otherwise; and
WHEREAS, the benefits to be derived from the construction of this bridge would be many times the cost of the initial investment in its construction cost; and
WHEREAS, the author of this Resolution, in the early twenties, was employed and assisted in surveying and building many miles of piling railroads throughout the Okefenokee Swamp and is fully aware that this bridge is feasible and could be built at a reasonable cost; and
WHEREAS, completion of Georgia #177 would connect the Stephen C. Foster State Park and the Laurel S. Walker State Park.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby solicit from all members of the Georgia Congressional Delegation their cooperation and support in seeking the completion of the connection of Georgia Highway #177 by the erection of a sixteen mile bridge to be constructed through the heart of the Okefenokee Wildlife Refuge.
BE IT FURTHER RESOLVED that this body does hereby recom mend and request the United States Department of Commerce, Bureau of Roads to approve and begin construction of this project.
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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit to the Director of the United States Department of Commerce, the Secretary of Interior and to each and every member of the Georgia Congressional Delegation, a copy of this Resolution.
HR 171. By Messrs. Busbee, Lee and Odom of Dougherty, Conger of Decatur, and Twitty of Mitchell:
A RESOLUTION
Urging the construction of all five dams of the Flint River Com plex; and for other purposes.
WHEREAS, the district and division engineers of the Corps of Engineers has recommended the construction of five dams on the Flint River; and
WHEREAS, this Body is convinced that the construction of all five dams is in the best interest of the citizens of Georgia; and
WHEREAS, this project will enhance the development of water conservation, flood control, wildlife, recreation and power generation; and
WHEREAS, at the present time, southwest Georgia is a relatively undeveloped section but has the potentialities for becoming one of the most highly developed industrial areas in the entire country; and
WHEREAS, this project will greatly enhance and encourage indus trial progress and development throughout southwest Georgia; and
WHEREAS, this Body would like to add their endorsement and request for approval of all five of these dams on a feasibly sequential basis; and
WHEREAS, it is the sincere hope of this Body that the Congress of the United States will provide the necessary funds for the immediate implementation of the entire Flint River Complex as recommended by district and division engineers of the Corps of Engineers; and
WHEREAS, all Georgians value our natural water resources and are vitally interested in their conservation and comprehensive and maxi mum feasible development and their wise utilization.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body recommends completion of all five dams of the Flint River Complex and further recommends and urges the Congress to provide the necessary funds for the immediate implementation of this entire project.
WEDNESDAY, FEBRUARY 27, 1963
853
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Chief of Engineers, Headquarters, Department of the Army, to the chairmen of the appropriate committees and subcommittees of the Congress of the United States and to each member of the Georgia Congressional delegation.
HR 172. By Mr. Ballard of Newton:
A RESOLUTION
Expressing regrets at the passing of Professor E. J. Brown; and for other purposes.
WHEREAS, Professor E. J. Brown of Emory at Oxford, Covington, Georgia, passed away on Monday, February 25, 1963; and
WHEREAS, Professor Brown spent all of his adult life at Emory at Oxford; and
WHEREAS, Professor Brown was a great humanitarian and was loved by everyone; and
WHEREAS, Professor Brown is widely known, having been directly responsible for helping many young men attain a college education through his understanding and faith in young men; and
WHEREAS, Professor Brown devoted his life to youth; and
WHEREAS, his passing will be a great loss to the youth and all citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Professor E. J. Brown, 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 bereaved widow of Professor E. J. Brown.
SR 53. By Senator Downing of the 1st:
A RESOLUTION
Urging the Budget Bureau to make funds available to acquire and maintain the Battleship Missouri; and for other purposes.
WHEREAS, the Battleship Missouri has been deactivated from
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JOURNAL OP THE HOUSE,
service with the United States Navy and is scheduled for disposal or dismantling; and
WHEREAS, an opportunity has been extended to the City of Savannah to obtain this former warship; and
WHEREAS, it has been the experience of seaport localities in the past that large warships of the Fleet have provided handsome tourist attractions; and
WHEREAS, the City of Savannah, with its attendant port facilities and other tourist attractions, is an ideal location for the permanent berthing of the Battleship Missouri; and
WHEREAS, tourism in Georgia is an industry which needs further development.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Budget Bureau is urged to make available, with such local funds as can be raised, State funds in order to construct the proper facilities at Savannah to properly berth the Battleship Missouri.
Under the General Order of Business established by the Committee on Rules the following Bill was again taken up.
HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1963, and ending June 30, 1964, and the fiscal year beginning July 1, 1964, and ending June 30, 1965, to make and provide such appropriations for the operation of the State Government; and for other purposes.
The following amendments to the Committee substitute were read and adopted:
Wilkes of Cook moves to amend Committee Substitute to HB 48 as follows:
By striking from Section 19D. the following:
"Provided, however, none of these funds will be committed or expended unless the General Assembly, by specific Act other than joint Resolution, specifically other than the joint Resolution here tofore adopted, shall authorize the creation of a Dental College."
and inserting in lieu thereof the following:
"Provided, however, none of these funds will be committed or expended unless the General Assembly, by Resolution, other than
WEDNESDAY, FEBRUARY 27, 1963
855
the joint Resolution heretofore adopted, shall authorize the creation of a Dental College."
Bolton of Spalding, Hale of Dade and Steis of Harris move to amend the Committee Substitute for HB 48 as follows:
By adding a new Paragraph C to Section 38 to read as follows:
"C. Loans to counties--Tax re-evaluation
There is hereby appropriated for each of the next two fiscal years covered by this Act the amount of such repayments of county tax evaluation loans as may be made by such counties during each of the next two fiscal years in such amount and for the same purpose as originally appropriated, but not to exceed $300,000.00 in each of the next two fiscal years. Such amount shall be available for further tax evaluation loans to counties."
Lane of Bulloch moves to amend the Committee Substitute for HB 48 as follows:
By adding the following language to Section 39, Subsection D:
"Provided further that the total principal cost of land and building shall not exceed One (1) Million Dollars:"
Wilkes of Cook moves to amend Committee Substitute to HB 48 as follows:
By striking subsection E. in its entirety and inserting in lieu thereof a new subsection E. to read as follows:
"E. For grants to counties for aid in county road consrtuction and maintenance.
1963-64 1964-65
$4,500,000.00 $4,500,000.00
"Provided that the appropriations in D above shall be dis tributed and disbursed by the State Treasurer as provided by law. The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department."
Floyd of Chattooga moves to amend Committee Substitute to HB 48 as follows:
By striking from Section 24 the figure "750,000.00" and the figure "500,000.00" and inserting in lieu thereof the figure "745,000.00" and the figure "495,000.00',
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JOURNAL OF THE HOUSE,
By striking from the end of Section 48 the figure "465,198,592.90" and the figure "488,728,852.90" and inserting in lieu thereof the figure "465,193,592.90" and the figure "488,723,852.90", respectively.
Mr. Jones of Lumpkin moves to amend the Committee substitute to HB 48 as follows:
"By adding the following after the word Lt. Governor in Section 47 'who shall thereupon notify all members of the General Assembly.'"
The report of the Committee which was favorable to the passage of the Bill, by substitute as amended, 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 Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Bynum Byrd Caldwell Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis
Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Treutlen Fulford Funk Gibbons Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson of Warren Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Clinch Lee of Clayton Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken
McDonald McGarity McKemie Meeks Melton Milford
WEDNESDAY, FEBRUARY 27, 1963
857
Milhollin Mitchell Moore Morgan of Gwinnett Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Overby Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson
Reaves Richardson Roberts Rodgers Rowland Russell Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey
Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke
Twitty Underwood of
Montgomery Underwood of Taylor
Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those voting in the negative were Messrs. Fowler of Douglas and Horton.
Those not voting were Messrs.:
Acree Bagby Branch Brooks of Oglethorpe Brooks of Fulton Busbee Causby Chandler Conger Crummey Cullens
DeVane Dicus Greene Griffin Johnson of Elbert Knight of Berrien Lee of Dougherty
Logan McClelland Mixon Moate
Morgan of Newton Odom Payton Rhodes Roper Rutland Scarborough Smith of Emanuel Vaughn Wilson of Cobb Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 170, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Wilkes of Cook moved that HB 48 be immediately transmitted to the Senate.
858
JOURNAL OF THE HOUSE,
On the motion, the ayes were 170, nays 0.
The Speaker Pro-Tern ordered HB 48 immediately transmitted to the Senate.
Mr. DeVane of Schley stated that he had been called from the Hall of the House to confer with constituents at the time the roll was called, but had he been present he would have voted "Aye" on HB 48.
Messrs. Rhodes of Baker, Busbee of Dougherty, Knight of Berrien, Moate of Hancock, Payton of Coweta, Odom and Lee of Dougherty, stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye" on HB 48.
Mr. Fowler of Douglas requested that these following remarks be included in todays Journal in connection with HB 48:
Statement to the House of Representatives
One of the fundamental weaknesses of our new budgetary pro cedure has become apparent with the consideration of the governor's recommended budget for 1964-65.
The application of surplus and non-recurring revenue funds to establish an unrealistic rate of spending increase as compared to the annual recurring revenue increase rate estimate is a questionable practice to the prudent business man and is at the least unsound fiscal policy for a state government.
This action allows new programs to begin or old ones to accelerate with the result that when "windfall" and surplus funds are depleted the state is left with a spending velocity that cannot be maintained unless new taxes are enacted to keep the spending fire fueled.
Another drastic alternative is of course obvious. A severe, un economical cut-back of substantial proportions in budget increase rates during the following biennium that would casue the state to face financial losses and hardships in many different ways.
The adoption of the governor's proposed budget this year will place intolerable pressures on the administration and the general assembly in 1965 to continue many programs by then well under way making any great cut-back of spending impossible. That your committee has been unable to make cuts in the proposed budget this year of a sub stantial nature is testimony to this prediction.
This very fact makes it necessary for the general assembly to use its good judgment in this matter and limit the amount of funds avail able for budgeting.
WEDNESDAY, FEBRUARY 27, 1963
859
The fact is that the result of this budget, unless recurring revenue exceeds the estimates by a substantial amount, in a financial crisis and increased taxes. This is the time of decision. The course is being set now. Should a small recession come upon us, then the result could be even more drastic and the crisis more severe. It has been said this is a "tight" budget. To me it is too "loose," insofar as basic policy is concerned.
The folly of treating surplus and non-recurring revenue as ordinary recurring income and spending it out over the short period of two years is the first step in destroying the results of recently hard fought battles to restore to the General Assembly its right to appropriate public funds in truth and in fact.
This fight will have been in vain unless the general assembly does its duty and firmly grasps the purse strings and holds them tight with truly prudent appropriating.
I would suggest amendments to our basic budget laws that would make it necessary that surplus and non-recurring revenue funds be spread out over several years time in the budgeting process. Thus we would hold the spending rate increase near the recurring revenue rate increase. I plan to offer such amendments at the 1964 session of the general assembly.
In the meantime I would suggest a two and % per cent reduction in spending in each year of this Act which would go far toward keeping our spending increase in line with our recurring revenue increase and at the same time allow prudent use of present surplus and estimated non-recurring revenue funds.
Alpha A. Fowler, Jr.
JOINT SESSION
The hour of convening having arrived, the Senate arrived upon the floor of the House and was called to order by the President Pro-Tern of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Sanders appeared upon the floor of the House.
President Pro-Tern Jackson presented Governor Sanders who briefly ad dressed the House and introduced the officers of the American Banking Asso ciation. Governor Sanders presented the Honorable M. Monroe Kimbrel, president of the American Banking Association, who addressed the House in a few well chosen words.
860
JOURNAL OF THE HOUSE,
Senator Pannell of the 54th moved that the Joint Session be now dissolved and the motion prevailed.
The President Pro-Tern announced the Joint Session dissolved.
The Speaker Pro-Tern called the House to order.
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 394. By Messrs. Conner of Jeff Davis, Wilkes of Cook, Jones of Worth, Fowler of Douglas, Ware of Troup, Echols of Upson and Shea of Chatham:
A Bill to be entitled an Act to amend an Act relating to the various kinds of insurance, limits of risks, and reinsurance, 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 uninsured vehicle; and for other purposes.
The following amendments were read and adopted:
Mr. Ware of Troup moves to amend HB 394 by substituting in lieu of (i) and (ii) in Section I (e) the following:
(i) No Bodily Injury Liability Insurance and Property Damage Liability Insurance or as to which there is Bodily Injury Liability Insurance and Property Damage Liability Insurance with limits less than the amounts specified in Paragraph (C)--but it will be con sidered uninsured only for that amount between the limit carried and the limit required in Paragraph (C), or (ii) There is such insurance in existence but the insurance company writing the same has legally denied coverage thereunder, or its unable, because of being insolvent at the time of, or becoming insolvent during the twelve months follow ing, the accident, to make payment with respect to the legal liability of its insured within the limits specified in Paragraph (C).
Mr. Ware of Troup moves to amend HB 394 by including in para graph (h) of Section I the following words following the word "made" on the 4th line "Including the proceeds recoverable from the assets of the insolvent insurer."
Mr. Wilkes of Cook moves to amend HB 394 as follows:
'By changing in sub section (f) the word insurer to insured.'
Mr. Wilkes of Cook moves to amend HB 394 as follows:
'By striking in Section 1, Sub-Sect. 56-507 A (d) the words two
WEDNESDAY, FEBRUARY 27, 1963
861
hundred dollars and inserting in lieu thereof the words two hundred and fifty dollars.'
Mr. Wilkes of Cook moves to amend HB 394 as follows:
'By inserting in Section 1, Sub-section (f) after the words "or someone on his behalf" the words "or in the event of a death claim, someone on behalf of the party having such claim".'
Mr. Richardson of Chatham moves to amend HB 394 as follows: 'By adding at the end of Section 1, subsection g, the following: Provided however, that in cases where the owner of the vehicle causing injury or damages is known, a copy of service shall be made upon the insurance company issuing the policy as prescribed by law as though such insurance company was a party defendant.
Mr. Story of Gwinnett moved that HB 394 be postponed until February 28, 1963, and the motion 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 Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Branch Brantley Brooks of Oglethorpe Brown Busbee
Bynum Byrd Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon Dicus Dixon Dorminy Duncan of Fannin Etheridge Fleming Flournoy Floyd
Flynt Fowler of Douglas Fulford Funk Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren
862
JOURNAL OF THE HOUSE,
Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Colquitt Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McKemie Meeks Melton Milford Milhollin Mitchell
Moate Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Rowland Sangster Scarborough Sewell Shaw Shea Shurnan
Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Stuckey Tabb Teague Todd Tucker of Catoosa Twitty Underwood of Taylor Vaughn Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Duncan of Carroll
Fowler of Treutlen
Those not voting were Messrs.:
Andrews Bowen of Dawson Bowen of Toombs Brackin Brooks of Fulton Caldwell Chandler Conger Crummey DeVane Echols Gibbons Johnson of Elbert Jordan of Calhoun
Lane Lee of Clinch Logan McClelland McDonald McGarity Mixon Moore Morgan of Gwinnett Morgan of Newton Mullis Parker Pickard Raulerson
Roper Russell Rutland Singer Smith of Emanuel Story Towson Tucker of Burke Underwood of
Montgomery Walker Watson Mr. Speaker
WEDNESDAY, FEBRUARY 27, 1963
863
On the passage of the Bill, as amended, the ayes were 162, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Payton of Coweta moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The Speaker Pro-Tern announced the House adjourned until 10:00 o'clock tomorrow morning.
864
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, February 28, 1963
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 Reverend C. C. Edmundson, Pastor of the Montezuma Methodist Church, Montezuma, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journals 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. Barber of Jackson was granted leave of absence starting at 2:00 p.m. for the purpose of attending a hearing in Jackson County concerning a receiver ship.
THURSDAY, FEBRUARY 28, 1963
865
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 28, 1963, and submits the following:
HB
24. Industrial Development Authority
HR 34- 68. Convey property, Richmond County
HB 121. Motor common carriers, redefine "for hire"
HB 122. Motor carriers, redefine "for hire"
HB 165. Prohibit crab fishing, St. Andrew's Sound
HB 205. Notes of indebtedness, counties (reconsidered)
HB 225. Cosmetology, regulate
HB 226. Barbers and Hairdressers, regulate (postponed)
HR 109-267. Transfer property, Fulton County
HB 269. Close Doboy Sound for taking crab, shrimp
HB 321. Catching quail without permit, penalty
HB 348. Sheriffs' Retirement Fund
HR 137-355. Constitution Revision Commission
HB 395. Owners of motor vehicles, security
SB
7. School superintendents, qualifications (postponed)
SB
8. School superintendents, filling vacancies (postponed)
SB
62. State Bar of Georgia
HB 411. Payment of taxes, affidavit
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham, Secretary
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 479. By Mr. Wilkes of Cook:
A Bill to be entitled an Act creating a Small Claims Court in counties having a population of not less than 11,775 and not more than 11,944; and for other purposes.
Referred to the Committee on Judiciary.
866
JOURNAL OF THE HOUSE,
HB 480. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating and incorporating the Town of Riverside, so as to provide for the power and authority of Mayor and Alderman in connection with public parks, streets, alleys, etc., and for other purposes.
Referred to the Committee on Local Affairs.
HB 481. By Messrs. Lowrey of Floyd, Newton of Colquitt, Dorminy of Ben Hill, Reaves of Brooks, Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act providing for certified public weighers, so as to provide for the weighing of products of the farms and forests of this State, where they are sold by weight, by persons who are bonded and licensed as provided therein; and for other purposes.
Referred to the Committee on Natural Resources.
HB 482. By Mr. Perry of Evans:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the City of Hagan, in the County of Evans; and for other purposes.
Referred to the Committee on Local Affairs.
HB 483. By Mr. Lindsey of Wilkes:
A Bill to be entitled an Act to place the Sheriff and other officers of Wilkes County on an annual salary in lieu of the fee system; and for other purposes.
Referred to the Committee on Local Affairs.
HB 484. By Mr. Lindsey of Wilkes:
A Bill to be entitled an Act to amend an Act abolishing the offices of the Tax Collector and the Tax Receiver of Wilkes County and creating in lieu thereof the office of Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HR 173-484. By Mr. Parker of Screven: A Resolution to compensate J. T. Bailey; and for other purposes.
Referred to the Committee on Appropriations.
HR 174-484. By Mr. Parker of Sereven: A Resolution to compensate Mrs. Louise Dyson Latham; and for other purposes.
Referred to the Committee on Appropriations.
THURSDAY, FEBRUARY 28, 1963
867
HB 485. By Messrs. Towson of Laurens and Duncan of Carroll:
A Bill to be entitled an Act to provide for the retention of certain benefits received from the State Department of Public Welfare by certain individuals under certain conditions; and for other purposes.
Referred to the Committee on Welfare.
HB 486. By Mr. Melton of Spalding, and Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia, so as to authorize the State Board of Education to certify, classify, establish training pro grams for and provide supplements to local salaries of school lunch supervisors and school lunch managers; and for other purposes.
Referred to the Committee on Education.
HB 487. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act relating to entering and stealing from hut, railroad car, tent, booth or temporary building, so as to re-define the punishment for the offense; to add to the offense the breaking or forcibly opening any coin operated or vending machine; and for other purposes.
Referred to the Committee on Judiciary.
HB 488. By Messrs. Houston of Pierce, Herndon of Appling, Warren of Wayne and Jones of Liberty.
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the Game and Fish Commission, so as to provide by law the time when shad may be taken from the waters of this State; and for other purposes.
Referred to the Committee on Natural Resources.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 49. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn; and for other purposes.
Referred to the Committee on Local Affairs.
SB 51. By Senators Mclntyre of the 40th, Brown of the 34th, Brewer of the 39th and others:
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.
868
JOURNAL OF THE HOUSE,
SB 52. By Senator Knox of the 24th:
A Bill to be entitled an Act to amend an Act placing certain county officers of McDuffie County on a salary system in lieu of a fee system, so as to provide a contingent expense allowance for the Clerk of the Superior Court; and for other purposes.
Referred to the Committee on Local Affairs.
SB 74. By Senator Byrd of the 17th:
A Bill to be entitled an Act to amend Chapter 92-6 of the Code of Georgia, relating to returns of tax receivers, so as to provide for making tax returns by mail; and for other purposes.
Referred to the Committee on State of Republic.
SB 83. By Senator Pannell of the 54th:
A Bill to be entitled an Act to provide an alternate method for furnish ing of Survivor's Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on State of Republic.
SB 84. By Senator Pannell of the 54th:
A Bill to be entitled an Act to provide an alternate method for furnish ing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on State of Republic.
SB 87. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th and Maclntyre of the 40th:
A Bill to be entitled an Act to amend the Act relating to the com pensation of Judges of the Civil Court of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 100. By Senator Gayner of the 5th:
A Bill to be entitled an Act to provide for a secretary for the Judge of the Superior Court of the Brunswick Judicial Circuit; to provide for the method of payment of such secretary by the counties of said circuit; and for other purposes.
Referred to the Committee on Judiciary.
THURSDAY, FEBRUARY 28, 1963
869
SB 102. By Senator Carlton of the 21st:
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 any person may stop and park a school bus on any road to discharge passengers who are teachers, students, or employees of a school; and for other purposes.
Referred to the Committee on Education.
SB 104. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 105. By Senator Byrd of the 17th:
A Bill to be entitled an Act to provide for the consolidation of schools in counties having a population of not less than 8,250 and not more than 8,350 according to the U.S. census of 1950; 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 454. By Messrs. Stalnaker and Peterson of Houston:
A Bill to be entitled an Act to amend an Act to create and incorporate a new municipality in Houston County; and for other purposes.
HB 455. By Messrs. Blair and Sewell of Sumter:
A Bill to be entitled an Act to provide that the Coroner of Sumter County shall be compensated on a fee basis supplemented by a salary; and for other purposes.
HB 456. By Messrs. Smith and Mitchell of Whitfield:
A Bill to be entitled an Act to amend an Act authorizing the Ordinary or anyone performing the duties of the Ordinary to use photostatic equipment in recording documents, so as to require that photographic recording equipment be installed in certain counties; and for other purposes.
870
JOURNAL OF THE HOUSE,
HB 457. By Messrs. Gibbons and Walker of Lowndes:
A Bill to be entitled an Act to amend an Act providing for a supple ment to the compensation of the Judge of the Superior Courts of the Southern Judicial Circuit, so as to change the proportionate share paid by Lowndes County; and for other purposes.
HB 458. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to personal exemptions and credits, so as to provide a change in the exemptions to be allowed to taxpayers for dependent children who are students during such taxpayers taxable year; and for other purposes.
HB 459. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act creating the State Board of Dispensing Opticians, so as to provide for the licensing of dispensing opticians upon the certification of a licensed optometrist; and for other purposes.
HB 460. By Mr. Jones of Worth:
A Bill to be entitled an Act to provide for the revocation of licenses of licensees convicted of false and fraudulent advertising; and for other purposes.
HB 461. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.
HB 462. By Mr. Knight of Berrien: A Bill to be entitled an Act to amend an Act relating to abandonment of children, so as to provide for venue in abandonment cases; and for other purposes.
HB 463. By Mr. Knight of Berrien: A Bill to be entitled an Act to amend an Act relating to the manner of conducting elections, so as to eliminate the use of tally sheets in elections; and for other purposes.
HB 464. By Messrs. Lane and Nessmith of Bulloch: A Bill to be entitled an Act to amend an Act relating to fees paid to coroners, so as to change the compensation for coroners in certain counties; and for other purposes.
THURSDAY, FEBRUARY 28, 1963
871
HB 465. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and Tax Receiver and creating the office of Tax Com missioner, of Chattahoochee County; and for other purposes.
HB 466. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to place the Sheriffs in certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
HB 467. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to place the Clerks of the Superior Court and the Ordinaries of certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
HB 468. By Mr. Rhodes of Baker :
A Bill to be entitled an Act to repeal an Act to provide for compen sation of persons holding office of tax collector in certain counties; and for other purposes.
HB 469. By Messrs. Harris, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing a method of fixing salaries of Court Bailiffs in certain counties, so as to change the population requirements from 200,000 to 500,000 inhabitants or more; and for other purposes.
HB 470. By Messrs. Harris, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the exam ination for qualified electricians in certain counties; and for other purposes.
HR 166-470. By Messrs. Rodgers of Charlton and Wells of Camden:
A Resolution designating the Alva P. Hopkins, Jr. Bridge; and for other purposes.
HB 471. By Mr. Fulford of Terrell:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; to provide for additional duties of the Revenue Commissioner; and relating to the sale of alcoholic beverages; and for other purposes.
872
JOURNAL OF THE HOUSE,
HB 472. By Messrs. Coker and Pope of Cherokee, Acree of Towns, Johnson of Elbert, and Smith of Habersham:
A Bill to be entitled an Act to amend an Act known as the "Hospital Authorities Act", so as to provide for the method of appointment of trustees; and for other purposes.
HB 473. By Messrs. Arnsdorff of Effingham, Parker of Screven, Newton of Colquitt, Bowen of Toombs and Newton of Jenkins:
A Bill to be entitled an Act to define the terms "agricultural products" "Agricultural Commodities", and "Farm products"; and for other purposes.
HB 474. By Messrs. Teague, Flournoy and Wilson of Cobb and Fowler of Douglas: A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell so as to change the corporate limits of the City of Austell; and for other purposes.
HB 475. By Mr. Payton of Coweta: A Bill to be entitled an Act to amend an Act renumerating public and legal holidays for this State, so as to provide that if any public or legal holiday shall fall on Saturday, the following Monday shall be observed as a holiday; and for other purposes.
HB 476. By Mr. Etheridge of Fulton: A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General; and for other purposes.
HB 477. By Mr. Wilkes of Cook: A Bill to be entitled an Act to prohibit the hunting and taking of certain birds; and for other purposes.
HR 167-477. By Messrs. Odom and Lee of Dougherty: A Resolution to amend a Resolution providing that the Judges of the Superior Courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of traveling expenses, so as to change the amount of traveling expenses; and for other purposes.
HR 168-477. By Messrs. McClelland and Etheridge of Fulton: A Resolution proposing the creation of a county consolidation study Committee; and for other purposes.
THURSDAY, FEBRUARY 28, 1963
873
HB 478. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, so as to prescribe qualifications for judges of said court; and for other purposes.
HR 169-478. By Mr. Williams of Hall: A Resolution to compensate Claubus E. Adams; and for other purposes.
Mr. Melton of Spalding County, Chairman of the Committee on Education, submitting the following report:
Mr. Speaker:
Your Committee on Education 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:
SR 47. Do Pass.
SB 67. Do Pass, as Amended.
HB 438. Do Pass.
Respectfully submitted, Melton of Spalding, 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 39. Do Pass, by Committee Substitute. HB 73. Do Pass, as Amended. HB 155. Do Pass, by Committee Substitute. HB 265. Do Pass. HB 330. Do Pass. HB 445. Do Pass. SB 45. Do Pass, by Committee Substitute.
Respectfully submitted, Busbee of Dougherty, Chairman.
874
JOURNAL OP THE HOUSE,
Mr. Murphy of Haralson County, Chairman of the Committee on Hygiene & Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene & Sanitation has had under consideration the following Bills of the House & Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 175. Do Pass, as Amended by Committee.
HB 176. Do Pass, by Committee Substitute.
SB 80. Do Pass, as Amended, by Committee. Respectfully submitted, Murphy of Haralson, Chairman.
Mr. Hale of Dade 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 430. Do Pass. HB 434. Do Pass. HB 433. Do Pass. HB 436. Do Pass. HB 437. Do Pass. HB 440. Do Pass. HB 442. Do Pass. HB 447. Do Pass. HB 448. Do Pass. HR 161-438. Do Pass. HB 439. Do Pass, as Amended.
Respectfully submitted, Hale of Dade, Chairman.
THURSDAY, FEBRUARY 28, 1963
875
Mr. Vaughn of Rockdale County, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills and Resolutions 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 99-230. Do Not Pass.
HR 117-202. Do Pass, as Amended.
SB
40. Do Pass.
SB
61. Do Pass.
HB 199. Do Pass, as Amended.
HB 419. Do Pass.
HB 428. Do Pass.
HB 441. Do Pass.
Respectfully submitted,
Vaughn of Rockdale,
Vice-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 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 327. Do Pass. SB 3. 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 Secretary of the Senate respectfully asks that the following Resolution of the House be returned to the Senate:
876
JOURNAL OP THE HOUSE,
HR 44. By Messrs. Perry of Marion and King of Chattahoochee:
A Resolution to designate the Clarke W. Duncan Highway; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereor:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 112. By Mr. Dean of Polk:
A Bill to authorize excused absences from the public schools for those children serving as pages for the General Assembly of Georgia during the school year; and for other purposes.
HB 254. By Mr. Melton of Spalding:
A Bill to amend an Act relating to compensation of members of county boards of education, so as to authorize payment of per diem and re imbursement of expenses incurred by a member meeting or traveling as a member of a committee of a county board of education on business first authorized by the Board; and for other purposes.
HB 259. By Mr. Ballard of Newton:
A Bill to provide that highways on the National System of Interstate and Defense Highways shall be and constitute State-aid roads and highways and highways of the system of highways of the State of Georgia; and for other purposes.
HB 262. By Mr. Payton of Coweta:
A Bill to amend an Act changing the compensation of the Sheriff, the Ordinary, and the Clerk of the Superior Court of Coweta County; and for other purposes.
HB 316. By Mr. Conner of Jeff Davis:
A Bill to amend an Act relating to the salary of the Comptroller General, so as to provide for the compensation of the Comptroller General; and for other purposes.
HR 132-330. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution to ratify the Executive Order of the Governor dated March 9, 1962, suspending the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Sec. 179 of the Federal Internal Revenue Code of 1954 on returns until next meeting of the General Assembly; and for other purposes.
THURSDAY, FEBRUARY 28, 1963
877
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 133-330. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution to ratify the Executive Order of the Governor suspending collection of income tax attributable to the inclusion of amounts received as subsistence allowances; and for other purposes.
HR 162. By Messrs. Bolton of Spalding, Ware of Troup and others:
A Resolution expressing regrets at the hospitalization of the Honorable George T. Smith and Mrs. Smith, and wishing them a speedy recovery; 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 Resolution of the Senate and respectfully asks that a Committee of Conference be appointed:
SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th:
A Resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; to provide for appointment of members; prescribe their terms of office and compensation; define their duties and powers; provide for appointment of Chairman, Vice Chairman and Secretary, and appointment and employment of Executive Director and personnel; to provide funds for operation; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Pannell of the 54th, Gayner of the 5th and Webb of the llth.
The following Resolution of the House was read and adopted:
878
JOURNAL OF THE HOUSE,
HR 176. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
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 ASSEMBLE O? GEORGIA that His Excellency, Governor Carl E. Sanders, is hereby invited to address a joint session of the House and Senate at 11:00 o'clock A.M., March 5, 1963, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House and Senate be held in the Hall of the House of Representatives at 10:45 o'clock A.M. on the aforesaid date for the purpose of hearing a message from the Governor.
BE IT FURTHER RESOLVED that a Committee of twelve, seven to be named by the Speaker, and five to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 439. By Mr. Carr of Washington: A Bill to be entitled an Act to consolidate all of the laws chartering the Town of Oconee to grant a new charter; to provide that the Town of Oconee shall be known as the City of Oconee; and for other purposes.
The following Committee amendment was read and adopted:
AMENDMENTS TO HOUSE BILL 439 SECTION 22
Amend Section 22 by striking from Line 3 of said Section the words "electric lights or power energy."
Strike from Section 22, subsection A, Lines 1 and 8 the words "electric energy;" by striking from Line 4 the words "electric light and power energy."
By striking from Section 22, subsection B, Lines 2, 6 and 9 the words "electric energy" and from Line 11 the words "electric light."
By amending Section 22, subsection D, by striking from Line 3
THURSDAY, FEBRUARY 28, 1963
879
the words "electric energy" so that when amended said Section 22 will read as follows:
"Said City of Oconee shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, gas, heat, and sewer service, by the following methods:
(A) By making said charges for water, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, gas, heat, or sewer services shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges.
(B) Said City shall have full power to require prompt payment in advance for all water, gas, heat, and sewer service furnished by said City; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, gas, heat, and sewer service, where payment in advance or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, gas, heat, or sewer service. Should any consumer fail to pay all water, or gas, heat, or sewer charges due by him to said City, then the said City may cut off water, light, gas, heat, or sewer services from the premises and, should he move to another place in said City, refuse such service at the new place of residence unless and until all past due accounts are paid in full.
(C) Said City shall have power to adopt all necessary ordi nances to put either method in force in said City, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper.
(D) The provisions of this Section shall be applicable to charges for any public utility-service provided or furnished by said City, including water, gas, heat, and sewer service, and the enum
eration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said City, from the operation and provisions of this Act."
880
JOURNAL OF THE HOUSE,
SECTION 25
Amend Section 25 by striking from Line 3 the words "electric light" and from Lines 6 and 7 the words "electric light and power plant" so that when amended said Section 25 will read as follows:
"The City of Oconee shall have full power and authority to condemn private property for any public purpose, such as estab lishing public streets, sidewalks, parks, and playgrounds; for rights of way for any water supply, gas or sewer line, or sewerage dis posal plant; for site for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said City; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the City shall desire to exercise the power and authority to condemn prop erty as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guar dian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as con tained in Georgia Code, 1933, Section 36-301, et seq."
SECTION 26
Amend Section 26 by striking from Line 6 thereof the words "a system of lights or electric power" so that when amended said Section 26 will read as follows:
"The Council of said City of Oconee shall have power and authority to contract debts and issue bonds of said City as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving, and maintaining a sewerage system, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said City or the citizens thereof, or for any lawful purposes."
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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
THURSDAY, FEBRUARY 28, 1963
881
HB 438. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend an Act incorporating Andrew Female College; and for other purposes.
The report 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 430. By Mr. King of Chattahoochee:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Cusseta; and for other purposes.
The report 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 433. By Mr. Herndon of Appling:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling; and for other purposes.
The report 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 434. By Mr. Herndon of Appling:
A Bill to be entitled an Act to establish the number of votes necessary for the Board of Education of Appling County to take official action; and for other purposes.
882
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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 436. By Mr. Tucker of Burke:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, so as to increase pay of the Stenographer of the City Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 437. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Crawford on a salary in lieu of the fee system of compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 440. By Mr. Hill of Meriwether:
A Bill to be entitled an Act to amend the charter of the City of Manchester relating to the Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 28, 1963
883
HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 447. By Mr. Kirkland of Tattnall: A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville; to provide for the disposition of all monies arising from fines, forfeitures, forfeited recognizances and convict hire over and above the cost in each case; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 448. By Mr. Anderson of Pulaski: A Bill to be entitled an Act to consolidate the offices of Tax receiver and tax collector of Pulaski County into the office of Tax Commissioner of Pulaski 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 117, 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:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
884
JOURNAL OF THE HOUSE,
HB 393. By Mr. Parker of Screven:
A Bill to incorporate and to grant a new charter to the City of Sylvania; and for other purposes.
Under the General Order of Business established by the Committee on Rules, the following Bills of the House and Senate were taken up for considera tion and read the third time:
HR 34-68. By Messrs. Fleming, Bell and Hull of Richmond:
A Resolution providing for and authorizing the conveyance of certain State property located in Richmond County, Georgia and for other purposes.
The following amendment was read and adopted:
Mr. Hull of Richmond moves to amend HR 34-68 as follows:
'By striking the figures $26,918.75 appearing in the last line thereof and substituting in lieu thereof, the figures $28,756.25.'
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 Alien Anderson Arnsdorff Barber Baughman Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Brantley Bynum Byrd
Caldwell Carr Chance Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Etheridge Fleming Flournoy Floyd
Fulford Funk Gibbons Hall Harrell Harrington Harris Herndon House Houston Hull Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle
THURSDAY, FEBRUARY 28, 1963
885
King Kirkland Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Matthews of Colquitt McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Morgan of Gwinnett Murphy Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris
Parker Partridge Payton Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow
Spikes Steis Story Stuckey
Tabb Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Voting in the negative was Mr. Smith of Habersham
Those not voting were Messrs.:
Acree Andrews
Bagby Ballard Bedgood Blalock of Coweta Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Busbee Causby Chandler Clarke of Monroe Conger Conner Crummey Deen of Bacon Dicus
Duncan of Carroll Echols Flynt Fowler of Douglas Fowler of Treutlen Greene Griffin Groover Hale Henderson Hill Horton Hurst Isenberg Johnson of Elbert Jones of Worth Jordan of Floyd Kelly Keyton Killian
Knight of Laurens Laite Logan Lokey Lowrey Mackay Matthews of Clarke McClelland Mitchell Mixon Moate Moore Morgan of Newton Mullis Nessmith Perry of Marion Perry of Evans Pickard Rodgers Roper
886
Rowland Rutland Shuman Singer
JOURNAL OF THE HOUSE,
Smith of Emanuel Stalnaker Todd White
Wilkes Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 133, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted as amended.
The Speaker announced the House recessed until 1:30 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 and Senate were taken up for consideration and read the third time:
SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th and others:
A Bill to be entitled an Act to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court, a unified, selfgoverning bar association to be known as the "State Bar of Georgia", and to repeal conflicting laws; and for other purposes.
Mr. Bagby of Paulding 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 Anderson Andrews Arnsdorff Bagby Bell
Blalock of Clayton Bowen of Dawson Brantley Bynum Caldwell Causby
Clark of Catoosa Conner Cullens Davis Been of Bacon Dixon
THURSDAY, FEBRUARY 28, 1963
887
Dorminy Duncan of Fannin
Echols Fleming Flynt Greene Hale Harrell Herndon Kirkland Lee of Clayton Leonard Lewis Lindsey
McDonald Meeks Milhollin Mitchell Moate Murphy Nessmith Newton of Jenkins Perry of Evans Peterson Ponsell
Poss Rainey Roberts
Roper Russell Scarborough Shuman Snow Story Teague
Todd Tucker of Catoosa Underwood of Taylor
Warren Wells of Peach Wilkes Wilson of Cobb
Those voting in the negative were Messrs.:
Alien Ballard Baughman Bedgood Black Blair Blalock of Coweta
Bolton Bowen of Toombs Brackin Branch Brown Busbee Byrd Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conger Dean of Polk DeVane Dicus Duncan of Carroll Etheridge Flournoy
Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Groover
Harris Henderson Hill House Houston Hull Hurst Isenberg Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun
Keadle Killian King Lambert Lee of Clinch Lee of Dougherty Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McGarity McKemie Melton Milford Moore Newton of Colquitt Odom Overby Paris
Partridge Payton Phillips Pickard Poole Pope Reaves Rhodes Richardson Sangster Shea Simpson Sinclair Singer Smith of Porsyth Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Stuckey Towson Twitty Vaughn Waldrop Walker Ware Watts Wells of Oconee Wells of Camden White Williams of Coffee
Those not voting were Messrs.:
Acree Barber
Bowen of Randolph Brooks of Oglethorpe
Brooks of Fulton Chandler
888
JOURNAL OF THE HOUSE,
Crummey Griffin Hall Harrington Horton Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Kelly Keyton Knight of Laurens Knight of Berrien Laite Lane
Logan McClelland Mixon Morgan of Gwinnett Morgan of Newton Mullis Pafford Parker Perry of Marion Raulerson Rodgers Rowland Rutland Sewell Shaw
Simmons Smith of Emanuel Stalnaker Steis Tabb Tucker of Burke Underwood of
Montgomery Watson Williams of Hall Wilson of Brantley Woodward Mr. Speaker
On the motion for the previous question, the ayes were 60, nays 97.
The motion was lost.
Mr. Murphy of Haralson moved that the House do now adjourn until Monday morning at 10:00.
On the motion to adjourn, the ayes were 43, nays 93.
The motion to adjourn was lost.
Mr. Bolton of Spalding moved that SB 62 be postponed until Monday March 4, 1963.
On the motion to postpone the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Baughman
Bedgood Black Bolton Bowen of Toombs Brackin Branch
Brown Busbee
Byrd Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner
Conger Dean of Polk
DeVane Dicus Dorminy Duncan of Carroll Etheridge Flournoy
THURSDAY, FEBRUARY 28, 1963
889
Floyd Flynt Fowler of Douglas Fulford Gibbons Groover Harrell Harris Henderson Hill House Houston Hull Hurst Isenberg Jones of Liberty Jones of Worth Jordan of Calhoun Keadle Killian King Lambert Lee of Clinch Lee of Dougherty
Lewis Lindsey Lokey Mackay Matthews of Clarke McCracken McGarity McKemie Melton Milford Moate Moore Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Payton Perry of Evans Phillips Pickard Poole Pope
Reaves Rhodes Richardson Sangster
Shea Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Whitfield Spikes Stuckey Towson Twitty Vaughn Waldrop Walker
Ware Wells of Oconee White Williams of Coffee
Those voting in the negative were Messrs.:
Abney Anderson Andrews Bagby Bell Blair Blalock of Clayton Bowen of Randolph Bowen of Dawson Brantley Bynum Caldwell Causby Clark of Catoosa Conner Cullens Davis Deen of Bacon Dixon Duncan of Fannin
Echols Fleming Fowler of Treutlen Funk Greene Hale Jones of Muscogee Kirkland Leonard Lowrey Matthews of Colquitt McDonald Meeks Milhollin Mitchell Murphy Partridge Ponsell Poss Rainey
Roberts Roper Russell Scarborough Shuman Smith of Habersham Snow
Story Teague Todd Tucker of Catoosa Underwood of Taylor Warren Watts Wells of Camden Wilkes Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Arnsdorff Ballard Barber
Blalock of Coweta Brooks of Oglethorpe Brooks of Fulton Chandler
Crumniey Griffin
Hall Harrington
890
JOURNAL OF THE HOUSE,
Herndon Horton Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd
Kelly Keyton Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Logan
McClelland Mixon Morgan of Gwinnett Morgan of Newton Mullis Pafford
Parker Perry of Marion Peterson Raulerson Rodgers Rowland Rutland Sewell
Shaw Simmons Smith of Emanuel Stalnaker Steis Tabb
Tucker of Burke Underwood of
Montgomery Watson Wells of Peach Williams of Hall Woodward Mr. Speaker
On the motion to postpone the ayes were 94, nays 58.
SB 62 was postponed until Monday, March 4, 1963.
HB 321. By Messrs. Dorminy of Ben Hill, Chandler of Baldwin, Milhollin of Coffee and Mixon of Irwin:
A Bill to be entitled an Act to amend an Act consolidating, superseding and revising the Game and Fish laws of the State of Georgia, so as to provide that it shall be unlawful for any person to possess any trap or device capable of catching, holding or capturing quail without a permit from the Commission; and for other purposes.
Mr. Milhollin of Coffee moved that further consideration of HB 321 be postponed until tomorrow morning and the motion prevailed.
HB 321 was postponed until Friday, March 1, 1963.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 393. By Mr. Parker of Screven:
A Bill to be entitled an Act to incorporate and to grant a new charter to the City of Sylvania; and for other purposes.
The following Senate amendment was read:
The Senate County and Municipal Governments Committee moves to amend HB 393, as follows:
THURSDAY, FEBRUARY 28, 1963
891
By striking Section 22 in its entirety and inserting in lieu thereof a new Section 22 to read as follows:
"Section 22. The office of mayor and three seats on the city council, presently filled by a mayor and councilmen whose terms expire on December 31, 1963, shall be filled for an initial period of three years or until December 31, 1966, in an election to be held on Thursday after the first Monday in December, 1963, and there after said three council seats and the office of mayor shall be filled by elections for terms of four years. The three seats on the city council, the terms of which expire on December 31, 1964, shall be filled by an election to be held on Thursday after the first Monday in December, 1964, for four year terms all of which shall expire on December 31, 1968.
"After the expiration of the terms of three members of the city council and the mayor all of which terms shall expire on December 31, 1966, all seats on the city council shall then be filled by election for a term of four years for the mayor and all city councilmen."
By striking Section 48 in its entirety and inserting in lieu thereof a new Section 48 to read as follows:
"Section 48. Election for mayor and council. On Thursday after the first Monday in December of each even numbered year, except as set out in Section 22, there shall be held in the City of Sylvania at some public place designated by the mayor and councilmen, a general election to fill vacancies in the office of mayor and councilmen, whose terms of office shall be for four years con current with the calendar year. Any qualified person seeking election as mayor or councilman in such election shall file notice of his intention to be a candidate with the clerk of council at least two weeks prior to such election, before noon. Should there for any cause fail to be an election at the time specified, the mayor and council, shall order an election to be held and shall post a notice of the time of such election in the City of Sylvania at the public place designated by the mayor and councilmen for at least ten days previous thereto. At all such elections the polls shall not be opened earlier than seven o'clock a.m., and shall close at seven o'clock p.m. All elections shall be held by a justice of the peace, or ordinary of Screven County, assisted by two or more freeholders, all of whom shall be citizens of said city and own real estate therein, and each of said managers before entering upon his duties shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: 'We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent illegal voting to the best of our skill and power, so help us God.' Such election shall be conducted under the rules and regulations governing elections for members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept.
Mr. Parker of Screven moved that the House agree to the Senate amendment.
892
JOURNAL OF THE HOUSE,
On the motion to agree to the Senate amendment the ayes were 110, nays 0.
The Senate amendment to HB 393 was agreed to.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The Speaker Pro-Tern announced the House adjourned until 10:00 o'clock tomorrow morning.
FRIDAY, MARCH 1, 1963
893
Representative Hall, Atlanta, Georgia Friday, March 1, 1963
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 Reverend Kenneth M. Startup, Pastor of the Newton Estates Baptist Church, College Park, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals reported that the Journals 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 were read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Friday, March 1, 1963, and submits the following:
HB
24. Industrial Development Authority
HB
39. Superior Court, misdemeanor cases
894
JOURNAL OF THE HOUSE,
HB 107. Ordinary's office, closing
HB 121. Motor common carriers, redefine "for hire"
HB 122. Motor carriers, redefine "for hire"
HB 165. Prohibit crab fishing, St. Andrew's Sound
HB 175. Dentists, applicants' qualifications.
HB 176. Dental hygienists, registration requirements
HB 177. Grants for municipalities
HB 205. Notes of indebtedness, counties (reconsidered)
HB 225. Cosmetology, regulate
HB 226. Barbers and Hairdressers, regulate (postponed)
HB 248. Recreation systems, cities, counties
HB 109-267. Transfer property, Fulton County
HB 269. Close Doboy Sound for taking crab, shrimp
HB 290. Regulate sale of securities
HB 313. Grants to county, State owned land
HB 321. Catching quail without permit, penalty (postponed)
HB 330. Bar examinations, dates for holding
HB 348. Sheriffs' Retirement Fund
HR 137-355. Constitution Revision Commission
HB 411. Payment of taxes, affidavit
HB 426. Civil Defense, organize each county
HR 150-426. State, local government, cases of emergency
HB 441. Stone Mountain Memorial Assoc., security officers
SB
7. School superintendents, qualifications (postponed)
SB
8. School superintendents, filling vacancies (postponed)
SB
25. Holding public sales, time
SB
27. Agricultural limestone, analysis, sale
SB
40. Poll workers, badges
SB
62. State Bar of Georgia (postponed)
SB
67. State Superintendent of Schools, additional qualifications.
SB
82. Citrus fruit, grades, standards
FRIDAY, MARCH 1, 1963
895
HB 210. Use of Georgia Forest Products only HB 365. Weights and Measures, standards
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham, Secretary
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 489. By Mr. Pafford of Lanier:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to remove from said Act the provision allowing time served as a member of the General Assembly be allowed as retirement service credit; and for other purposes.
Referred to the Committee on Judiciary.
HB 490. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend an Act imposing a tax upon the sale, use, or other disposition of cigars and cigarettes, so as to provide that the tax imposed shall be upon the person purchasing; and for other purposes.
Referred to the Committee on Ways & Means.
HB 491. By Mr. Shea of Chatham:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for the periodic examination of driver's license holders prior to their renewal; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll, Warren of Wayne, Lindsey of Wilkes, Herndon of Appling and Wilson of Brantley:
A Bill to be entitled an Act to amend an Act to revise the adoption laws so as to remove certain grounds for the annulment of an adoption; and for other purposes.
Referred to the Committee on Judiciary.
896
JOURNAL OF THE HOUSE,
HB 493. By Messrs. Dixon of Ware, Hill of Meriwether, Sewell of Sumter, Ponsell of Ware and Duncan of Fannin:
A Bill to be entitled an Act to make it unlawful for a railroad to operate certain type trains with less than a specified number of crew men; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 494. By Messrs. Lane and Nessmith of Bulloch:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro; and for other purposes.
Referred to the Committee on Local Affairs.
HR 175-494. By Messrs. Fleming, Hull and Bell of Richmond, Phillips of Columbia, House and Laite of Bibb, Bowen of Toombs, Paris of Barrow and others:
A Resolution relating to the creation of a dental college in conjunction with the Medical College of Georgia; and for other purposes.
Referred to the Committee on State of Republic.
HB 495. By Messrs. Keyton and Russell of Thomas, Reaves of Brooks, Hall of Lee, Carr of Washington, Hull and Fleming of Richmond, and many others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State Officials, so as to change the com pensation of the State Supervisor of Purchases; and for other purposes.
Referred to the Committee on State of Republic.
HB 496. By Mr. Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply; and for other purposes.
Referred to the Committee on Local Affairs.
HB 497. By Messrs. Matthews and Bedgood of Clarke:
A Bill to be entitled an Act to provide that no municipality shall employ law enforcement officers and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests; and for other purposes.
Referred to the Committee on State of Republic.
FRIDAY, MARCH 1, 1963
897
HB 498. By Messrs. Richardson, Funk and Shea of Chatham:
A Bill to be entitled an Act to amend an Act creating a Board of Health in each county and providing for payment of the expenses of county health departments by towns and cities under certain conditions, so as to change the methods of payment of expenses of county health departments; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 499. By Mr. Funk of Chatham:
A Bill to be entitled an Act to amend an Act relating to the licensing of wholesale fish dealers, so as to increase the license for wholesale fish dealers; and for other purposes.
Referred to the Committee on Natural Resources.
HR 177-499. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Vaughn of Rockdale, Wells of Camden, Parker of Screven, Mackay of DeKalb and others:
A Resolution to designate and name the "Georgia Mental Health Center" located on Briarcliff Road in DeKalb County, as the "S. Ernest Vandiver Mental Health Center"; and for other purposes.
Referred to the Committee on Rules.
HB 500. By Messrs. Mackay of DeKalb, Underwood of Montgomery and Spikes of Troup:
A Bill to be entitled an Act to provide that trustees, executors, admin istrators, guardians and other like fiduciaries holding trust funds may invest the same in real estate loans both secured by a first lien on or first security title to improved realty and are insured pursuant to provisions of any Title of the National Housing Act; and for other purposes.
Referred to the Committee on Banks and Banking.
HR 178-500. By Mr. Bowen of Toombs:
A Resolution to compensate William C. Somers, Jr., and for other purposes. Referred to the Committee on Appropriations.
HB 501. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Hospital A uthority Law, so as to extend the period for which a governing body of any city, town, municipality or county is authorized to enter into contracts with a hospital authority for the continued maintenance and use of the facilities of such authority; and for other purposes.
Referred to the Committee on Industry.
898
JOURNAL OF THE HOUSE,
HB 502. By Mr. Etheridge of Pulton:
A Bill to be entitled an Act to fix the salary of the Sheriff in counties having a population of 500,000 or more; and for other purposes.
Referred to the Committee on Local Affairs.
HB 503. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act re-incorporating the City of Hazelhurst, so as to re-define the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 504. By Messrs. Bynum of Rabun, Overby of Hall, Paris of Barrow, McDonald of White, Barber of Jackson, Poole of Pickens and many others:
A Bill to be entitled an Act to amend an Act providing for the mainte nance of standards of sanitation for food service establishments, so as to provide that non-profit schools and institutions serving family-style meals shall not be included under any law regulating the dispensing of milk; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 505. By Messrs. Lindsey of Wilkes, Roberts of Jones, Mitchell of Whitfield, Underwood of Taylor, Moate of Hancock, Hull of Richmond and others:
A Bill to be entitled an Act to be known as "The State Employees Minimum Wage Bill" establishing a minimum wage for all employees of the State of Georgia; and for other purposes.
Referred to the Committee on State of Republic.
HB 506. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to give credit for prior service rendered as a teacher in any public school system, college or university; to provide for pro-rata refund of contributions in certain cases; 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 479. By Mr. Wilkes of Cook:
A Bill to be entitled an Act creating a Small Claims Court in counties having a population of not less than 11,775 and not more than 11,944, and for other purposes.
FRIDAY, MARCH 1, 1963
899
HB 480. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating and incorporating the Town of Riverside, so as to provide for the power and authority of Mayor and Alderman in connection with public parks, streets, alleys, etc., and for other purposes.
HB 481. By Messrs. Lowrey of Floyd, Newton of Colquitt, Dorminy of Ben Hill, Reaves of Brooks, Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act providing for certified public weighers, so as to provide for the weighing of products of the farms and forests of this State, where they are sold by weight, by persons who are bonded and licensed as provided therein; and for other purposes.
HB 482. By Mr. Perry of Evans:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the City of Hagan, in the County of Evans; and for other purposes.
HB 483. By Mr. Lindsey of Wilkes:
A Bill to be entitled an Act to place the Sheriff and other officers of Wilkes County on an annual salary in lieu of the fee system; and for other purposes.
HB 484. By Mr. Lindsey of Wilkes:
A Bill to be entitled an Act to amend an Act abolishing the offices of the Tax Collector and the Tax Receiver of Wilkes County and creating in lieu thereof the office of Tax Commissioner; and for other purposes.
HR 173-484. By Mr. Parker of Screven: A Resolution to compensate J. T. Bailey; and for other purposes.
HR 174-484. By Mr. Parker of Screven: A Resolution to compensate Mrs. Louise Dyson Latham; and for other purposes.
HB 485. By Messrs. Towson of Laurens and Duncan of Carroll: A Bill to be entitled an Act to provide for the retention of certain benefits received from the State Department of Public Welfare by certain individuals under certain conditions; and for other purposes.
900
JOURNAL OP THE HOUSE,
HB 486. By Mr. Melton of Spalding, and Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia, so as to authorize the State Board of Education to certify, classify, establish training pro grams for and provide supplements to local salaries of school lunch supervisors and school lunch managers; and for other purposes.
HB 487. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act relating to entering and stealing from hut, railroad car, tent, booth or temporary building, so as to re-define the punishment for the offense; to add to the offense the breaking or forcibly opening any coin operated or vending machine and for other purposes.
HB 488. By Messrs. Houston of Pierce, Herndon of Appling, Warren of Wayne and Jones of Liberty:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the Game and Fish Commission, so as to provide by law the time when shad may be taken from the waters of this State; and for other purposes.
SB 49. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn; and for other purposes.
SB 51. By Senators Mclntyre of the 40th, Brown of the 34th, Brewer of the 39th and others:
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.
SB 52. By Senator Knox of the 24th:
A Bill to be entitled an Act to amend an Act placing certain county officers of McDuffie County on a salary system in lieu of a fee system; so as to provide a contingent expense allowance for the Clerk of Superior Court; and for other purposes.
SB 74. By Senator Byrd of the 17th:
A Bill to be entitled an Act to amend Chapter 92-6 of the Code of Georgia, relating to returns of tax receivers, so as to provide for making tax returns by mail; and for other purposes.
SB 83. By Senator Pannell of the 54th:
A Bill to be entitled an Act to provide an alternate method for furnishing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
FRIDAY, MARCH 1, 1963
901
SB 84. By Senator Pannell of the 54th:
A Bill to be entitled an Act to provide an alternate method for furnishing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
SB 87. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th and Maclntyre of the 40th:
A Bill to be entitled an Act to amend the Act relating to the com pensation of Judges of the Civil Court of Pulton County; and for other purposes.
SB 100. By Senator Gayner of the 5th:
A Bill to be entitled an Act to provide for a secretary for the Judge of the Superior Court of the Brunswick Judicial Circuit; to provide for the method of payment of such secretary by the counties of said circuit; and for other purposes.
SB 102. By Senator Carlton of the 21st:
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 any person may stop and park a school bus on any road to discharge passengers who are teachers, students, or employees of a school; and for other purposes.
SB 104. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County; and for other purposes.
SB 105. By Senator Byrd of the 17th:
A Bill to be entitled an Act to provide for the consolidation of schools in counties having a population of not less than 8,250 and not more than 8,350 according to the U.S. census of 1950; and for other purposes.
Mr. Newton of Colquitt County, Chairman of the Committee on Agriculture, submitted the following report:
Mr. Speaker:
' Your Committee on Agriculture has had under consideration the following
902
JOURNAL OF THE HOUSE,
Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 435. Do Pass. HB 473. Do Pass, by Substitute.
Respectfully submitted, Newton of Colquitt, Chairman.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropri ations, 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 28- 47. Do Pass.
HR 29- 47. Do Pass.
HR 37- 77. Do Pass.
HR 105-254. Do Pass.
HR 107-254. Do Pass.
HR 35- 77. Do Pass.
HB 314. Do Pass.
HB 302. Do Pass
HB 139. Do Pass.
HR 57-130. Do Not Pass.
Respectfully submitted,
Blalock of Coweta,
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 & Veterans Affairs has had under consideration
FRIDAY, MARCH 1, 1963
903
the following Bill and Resolution of the House and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HR 120-307. Do Pass. HB 304. Do Pass.
Respectfully submitted, Steis of Harris, Chairman.
Mr. Murphy of Haralson 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 162. Do Pass, as Amended. HB 163. Do Pass, as Amended.
Respectfully submitted, Murphy of Haralson, Chairman.
Mr. Lee of Clayton 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 184. Do Pass, by Substitute. Respectfully submitted, Lee of Clayton, Chairman.
Mr. Twitty of Mitchell County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills
904
JOURNAL OF THE HOUSE,
of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 352. Do Pass, by Substitute. HB 460. Do Pass.
Respectfully submitted, Twitty of Mitchell, Chairman.
Mr. Conner of Jeff Davis 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 Senate, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 65. Do Pass. SB 63. Do Pass.
Respectfully submitted, Conner of Jeff Davis, Chairman.
Mr. Hale of Dade 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 403. Do Pass, as Amended. HB 454. Do Pass. HB 455. Do Pass. HB 461. Do Pass. HB 465. Do Pass. HB 474. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
FRIDAY, MARCH 1, 1963
905
Mr. Ware of Troup County, Chairman of the Committee on State of Republic, has 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
5. Do Pass, by Substitute.
HB 420. Do Pass, as Amended.
HB 429. Do Pass.
HR 158-429. Do Pass.
Respectfully submitted,
Ware of Troup,
Chairman.
Mr. Paris of Barrow County, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 471. Do Pass. Respectfully submitted, Paris of Barrow, 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 17. By Messrs. Etheridge, Brooks and McClelland of Fulton:
A Bill to remove an Act entitled "An Act to amend the Voters' Registration Act", so as to provide that county registrars appointed by county authorities shall retain their civil service status; and for other purposes.
906
JOURNAL OF THE HOUSE,
HB 101. By Mr. Bowen of Randolph:
A Bill to amend, consolidate and supersede the several Acts of the General Assembly pertaining to the City of Cuthbert, in the County of Randolph; and for other purposes.
HB 110. By Messrs. Towson and Knight of Laurens:
A Bill to create the City of Dublin and County of Laurens Development Authority; and for other purposes.
HB 136. By Messrs. McClelland, Etheridge and Brooks of Fulton: A Bill to amend an Act providing for pensions for members of the Police Departments in cities having a population of 150,000 or more; and for other purposes.
HB 195. By Messrs. McClelland and Etheridge of Fulton: A Bill to amend an Act establishing a new charter for the City of College Park, relating to the Recorder's Court; and for other purposes.
HB 196. By Messrs. Etheridge and McClelland of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta; so as to enlarge the corporate limits; and for other purposes.
HB 197. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act establishing a new charter for the City of College Park; relating to the Budget; 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 198. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta relating to the corporate limits; and for other purposes.
FRIDAY, MARCH 1, 1963
907
HB 236. By Messrs. McClelland and Etheridge of Fulton:
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 that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable; and for other purposes.
HB 237. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act establishing a new charter for the City of Atlanta, relating to annual reports; and for other purposes.
HB 261. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act establishing a new charter for the City of College Park, relating to the salary of the Mayor of the City of College Park; and for other purposes.
HB 276. By Messrs. Killian and Isenberg of Glynn:
A Bill to amend an Act creating the City Court of Brunswick, so as to change the compensation of the Solicitor; and for other purposes.
HB 277. By Messrs. Killian and Isenberg of Glynn: A Bill to amend an Act establishing a salary system for the coroner of Glynn County; and for other purposes.
HB 329. By Messrs. Pope and Coker of Cherokee: A Bill to amend an Act creating the office of commissioner of Roads and Revenues for the County of Cherokee, so as to change the com pensation of the Clerk; and for other purposes.
HB 333. By Mr. Mullis of Bleckley: A Bill to consolidate the offices of Tax Receiver and Tax Collector of Bleckley County into the one office of Tax Commissioner of Bleckley County; 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:
908
JOURNAL OF THE HOUSE,
HB 334. By Mr. Mullis of Bleckley:
A Bill to amend an Act relating to the salaries of county officers of Bleckley County, so as to change the compensation of the Ordinary of Bleckley County; and for other purposes.
HB 335. By Mr. Mullis of Bleckley:
A Bill to amend an Act creating the office of Commissioner of Roads, and Revenues for the County of Bleckley County, so as to change the compensation of the Commissioner of Roads and Revenues; and for other purposes.
HB 337. By Mr. Fowler of Douglas:
A Bill to amend an Act creating a new Charter for the City of Douglasville; and for other purposes.
HB 338. By Mr. Fowler of Douglas:
A Bill to create the Douglas County Study Commission for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recommendations as to the most expedient method to improve Douglas County in the future; and for other purposes.
HB 339. By Messrs. Laite, Groover and House of Bibb:
A Bill to amend an Act to re-enact the Charter of the City of Macon so as to describe new territory to become a part of the City of Macon; and for other purposes.
HB 341. By Messrs. Lowrey and Jordan of Floyd:
A Bill to amend an Act changing the compensation of Floyd County officers from a fee system to a salary system, and relating to uniforms for the Sheriff and his Deputies; and for other purposes.
HB 342. By Messrs. Lowrey and Jordan of Floyd:
A Bill to amend an Act changing the compensation of Floyd County officers from a fee to a salary system, so as to authorize an additional deputy sheriff for $385.00 per month; 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:
FRIDAY, MARCH 1, 1963
909
HB 343. By Messrs. Spikes and Ware of Troup:
A Bill to amend an Act creating the Civil and Criminal Court of Troup County, so as to provide that the Judge may require sureties on personal appearance bonds; and for other purposes.
HB 349. By Mr. Johnson of Warren:
A Bill to place the Sheriff of the Superior Court of Warren County on a salary in lieu of fee system; and for other purposes.
HB 353. By Messrs. Spikes and Ware of Troup:
A Bill to amend an Act creating a new Charter for the City of West Point, so as to provide for a Board of City Registrars; and for other purposes.
HB 357. By Mr. Sangster of Dooly:
A Bill to amend an Act creating a new Charter for the City of Vienna, so as to empower its governing authorities to prescribe by ordinance the assessment of ad valorem tax on all classes of property; and for other purposes.
HB 367. By Messrs. Stalnaker and Peterson of Houston:
A Bill to amend an Act creating a Board of County Commissioners for the County of Houston; and for other purposes.
HB 368. By Messrs. Peterson and Stalnaker of Houston:
A Bill to amend the Act creating and incorporating the City of Centerville, so as to increase the maximum salary of the Mayor and Councilmen; and for other purposes.
HB 370. By Mr. Rodgers of Charlton:
A Bill to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county employees; and for other purposes.
HB 371. 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 so as to reduce the number of members of the Board to 3 members; and for other purposes.
910
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 373. By Mr. Perry of Evans:
A Bill to amend an Act to fix the compensation of the Clerk of the Superior Court of Evans County; and for other purposes.
HB 374. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act incorporating the City of Lake City; so as to change the corporate city limits; and for other purposes.
HB 376. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act to incorporate the City of Forest Park, so as to extend the corporate city limits; and for other purposes.
HB 377. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act incorporating the Town of Forest Park, so as to provide payment of group insurance premiums for city employees of the City of Forest Park; and for other purposes.
HB 378. By Messrs. Lee and Blalock of Clayton:
A Bill to repeal an Act incorporating the Town of Lovejoy, so as to change the name to the City of Lovejoy; and for other purposes.
HB 379. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act incorporating the City of Morrow; and for other purposes.
HB 381. By Messrs. Dicus, Pickard and Jones of Muscogee:
A Bill to amend an Act relating to the charter of the City of Columbus; and for other purposes.
HB 382. By Messrs. Dicus, Jones and Pickard of Muscogee:
A Bill to create for the City of Columbus a Board of Commissioners to be known as "Medical Center Board of Commissioners"; and for other purposes.
FRIDAY, MARCH 1, 1963
911
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 383. By Messrs. Dicus, Pickard and Jones of Muscogee:
A Bill to amend the "House Authorities Law" in counties having a population of not less than 115,000 and not more than 125,000; and for other purposes.
HB 389. By Messrs. Groover, Laite and House of Bibb:
A Bill to amend an Act re-enacting the Charter of the City of Macon, relating to the Clerk of the Recorder's Court; and for other purposes.
HB 390. By Messrs. Groover, Laite and House of Bibb:
A Bill to amend an Act to re-enact the Charter of the City of Macon, relating to the powers of the Recorder's Court; 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 126. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways," so as to define the term "Limited-access State Highway"; and for other purposes.
HR 44-107. By Messrs. Perry of Marion and King of Chattahoochee;
A Resolution to designate a highway as the Clrke W. Duncan Highway; and for other purposes.
HR 42-107. By Mr. Dean of Polk:
A Resolution proposing an amendment to the Constitution so as to create the Rockmart Development Authority; and for other purposes.
912
JOURNAL OF THE HOUSE,
HR 58-130. By Mr. Brown of Hart:
A Resolution proposing an amendment to the Constitution so as to create the Hart County Industrial Building Authority; and for other purposes.
HR 85-157. By Mr. McDonald of White:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of White County by the people; and for other purposes.
HR 102-230. By Mr. Smith of Telfair:
A Resolution proposing an amendment to the Constitution so as to provide that Telfair County officers shall be ineligible to hold office under certain conditions; and for other purposes.
HR 111-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorpo rated areas of Clayton County; 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:
HR 112-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to authorize the creation of a Civil Service System for all those persons whose wages or salaries are paid in whole or in part out of the Funds of Clayton County; and for other purposes.
HR 113-267. By Messrs. Lee and Blalock of Clayton:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Clayton County to enact ordinances for governing of said county; and for other purposes.
HR 115-272. By Mr. Conner of Jeff Davis:
A Resolution proposing an amendment to the Constitution for the purposes of encouraging the industrial growth and expansion of Jeff Davis County, the capital improvements of new industries; and for other purposes.
FRIDAY, MARCH 1, 1963
913
HR 118-295. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution so as to authorize the creation of a Civil Service System for any or all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Cobb County; and for other purposes.
HB 153. By Messrs. Wilson of Cobb, Abney of Walker and others:
A Bill to amend an Act affecting a complete revision of the laws of this State relating to the qualification of voters; and for other purposes.
HB 208. By Messrs. Shea, Funk and Richardson of Chatham:
A Bill to amend an Act relating to the procedure for cancellation of mortgages, so as to provide an additional method of cancellation; 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 289. By Messrs. Coker and Pope of Cherokee and others:
A Bill to amend an Act relating to the creation of the State Board of Medical Examiners, so as to provide for the appointment of a board member from each congressional district; and for other purposes.
HR 100-230. By Mr. Williams of Hall:
A Resolution authorizing the granting of an easement across, through and over certain real property located in Hall County, Georgia; and for other purposes.
HR 108-267. By Mr. Ballard of Newton:
A Resolution authorizing the transfer of certain real property located in DeKalb County; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
914
JOURNAL OF THE HOUSE,
HB 190. By Mr. Overby of Hall:
A Bill to amend an Act establishing the State Employees Retirement System, so as to clarify the provisions relating to the accumulation of sufficient creditable service in order to qualify under involuntary separation provisions; and for other purposes.
HB 386. By Messrs. Etheridge and McClelland of Fulton:
A Bill to amend an Act relating to the qualifications of applicants for admission to the Practice of Law and relating to the residence require ments of applicants for admission to the practice of law; 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 284. By Messrs. Ballard and Morgan of Newton:
A Bill to place the Sheriff of Newton County on a salary in lieu of the fee system; and for other purposes.
HB 363. By Messrs. Ponsell and Dixon of Ware: A Bill to create a Board of Commissioners of Roads and Revenues in the County of Ware; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 375. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act establishing fire prevention districts in Clayton County, so as to provide for a tax on the property located in fire prevention districts; 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:
FRIDAY, MARCH 1, 1963
915
SB 59. By Senator Moore of the 31st:
A Bill to create the Cedartown Development Authority; to provide the powers, authority, funds, purposes, organization and procedures con nected therewith; and for other purposes.
SB 103. By Senators Salome of the 36th, Brown of the 34th and Johnson of the 38th:
A Bill to amend an Act carrying into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, Sec. 7, Article 6 of the Constitution of the State of Georgia, ratified Oct. 2, 1912, relating to the abolition of Justices Courts and establishing certain other courts; and for other purposes.
SB 112. By Senator Miller of the 50th:
A Bill to amend an Act incorporating and creating a new charter for the City of Jasper, approved Dec. 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), as amended, 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 by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 98. By Senator Fuqua of the 22nd:
A Bill to amend Code Title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.
SB 106. By Senators Spinks of the 9th, and Rowan of the 8th:
A Bill to amend Code Chapter 84-3 pertaining to architects, as amended, particularly by an Act approved Feb. 15, 1952 (Ga. L. 1952, p. 457), so as to provide credit to military personnel for satisfactory architecural experience gained while in military service; and for other purposes.
SR 59. By Senator Jackson of the 16th:
A Resolution designating Peace Officers Memorial Day and Police Week; and for other purposes.
SR 61. By Senator Webb of the llth:
A Resolution expressing regrets at the passing of Dr. Spright Dowell; and for other purposes.
916
JOURNAL OF THE HOUSE,
SR 56. By Senator Webb of the llth:
A Resolution creating the Congressional Districts Study Committee; and for other purposes.
SB 44. By Senators Zorn of the 6th, Talmadge McKinnon of the 7th and others:
A Bill to amend Code Chap. 24-34, relating to court costs in civil cases,. as amended, so as to provide for a minimum filing fee in all civil cases; to make provisions for cases where one party is a pauper; and for other purposes.
SB 64. By Senators Miller of the 50th, Smalley of the 28th and others:
A Bill to amend an Act known as the "Georgia Insurance Code", ap proved March 8, 1960 (Ga. L. 1960, p. 289), as amended, so as to provide for penalty for false oath to procure benefit from an insurance policy; 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 substitute by the requisite constitutional majority the following Bills of the House to wit:
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb: A Bill to amend an Act relating to criminal procedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
The following Resolution was read and adopted:
HR 180. By Messrs. Pickard and Dicus of Muscogee:
"A JOINT RESOLUTION MEMORIALIZING THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION TO ELIMINATE THE INEQUITY OF THE TWO-PRICE SYSTEM OF COTTON COST"
WHEREAS, On September 6, 1962, the President of the United States, following the Tariff Commission's rejection of the Department of Agriculture's recommendation for an import fee of eight and onehalf (8%^) cents a pound on the raw cotton content of textile imports to offset the difference between the price of raw American cotton to
FRIDAY, MARCH 1, 1963
917
foreign mills and the price which American mills are required to pay for the same cotton, stated the following:
"Thus, the inequity of the two-price system of cotton costs remains as a unique burden upon the American textile industry, for which a solution must be found in the near future.
"I am, therefore, requesting the Department of Agriculture to give immediate attention to the formulation of a domestic program that would eliminate this inequity. I am also instructing all other depart ments and offices of the executive branch to cooperate fully to this end. Such a program will undoubtedly require enabling legislation'; and
WHEREAS, In his farm message of January 31, 1963, the President stated: A healthy, growing cotton industry is vital to the strength and prosperity of our Nation. Over a million persons are engaged in producing our cotton crop. Another million and a half are employed in converting the raw cotton into consumer items. Additional millions supply good and services to this industry. Cotton exports contribute significantly to our balance of payments position.
"Our cotton industry--both producers and mills--is confronted with many problems which it alone cannot resolve. Because domestic prices are much higher than those of foreign producers, our cotton mills must pay substantially more for cotton than their off-shore competitors. Domestic cotton textile products are being displaced not only by substi tute fibers in consumer products but also by increased cotton imports. Cotton exports are sharply lower.
"Loss of markets for United States cotton increases surplus stocks held by the CCC, causes higher and higher government costs, and re duces the cotton farmer's income; and
WHEREAS, The textile industry in Georgia is and has been the backbone of the economy of our state, directly employing almost 100,000 persons making it the largest single industrial employer in the state; and
WHEREAS, Many additional thousands of Georgians are employed in supplying services and goods to the textile industry and hundreds of thousands more are dependent on it for livelihood; and
WHEREAS, These imports of foreign cotton textiles and the unjust inequity of the two-price system for cotton have created a situation that seriously threatens the entire economy of our State and Nation and are responsible for the loss of hundreds of thousands of textile jobs, curtailment of the hours worked in the textile industry, and the closing of many textile plants; and
WHEREAS, It is acknowledged that the welfare of all Georgians is vitally dependent on a healthy, growing textile industry; be it
RESOLVED, By the House of Representatives, the Senate con curring:
918
JOURNAL OF THE HOUSE,
Section 1. That the Georgia General Assembly implores the Presi dent and the Congress of the United States to take whatever steps are necessary to make American cotton available to American purchasers at the same price American cotton is made available to foreign pur chasers.
Section 2. That the cotton textile manufacturing industry of Georgia be invited to place an appropriate exhibit on the Third Floor of the State Capitol which will present tangible evidence of the dis-. crimination from which American textille mills and their employees are suffering. And the Secretary of State is hereby authorized and instructed to place same in a conspicuous place on the third floor of the State Capitol.
Section 3. That this Resolution shall be in full force and effect from and after its ratification.
Section 4. That a copy of this Resolution be forwarded to the President and the Congress of the United States; The Secretaries of Agriculture, Commerce, State, Labor and Treasury, and the Georgia Congressional delegation.
By unanimous consent the following Bills of the House were taken up for consideration and read the third time:
HB 454. By Messrs. Stalnaker and Peterson of Houston:
A Bill to be entitled an Act to amend an Act to create and incorporate a new municipality in Houston 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 455. By Messrs. Blair and Sewell of Sumter: A Bill to be entitled an Act to provide that the Coroner of Sumter County shall be compensated on a fee basis supplemented by a salary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, MARCH 1, 1963
919
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 461. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 474. By Messrs. Teague, Flournoy and Wilson of Cobb and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell so as to change the corporate limits of the City of Austell; and for other purposes.
The report 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 465. By Mr. King of Chattahoochee: A Bill to be entitled an Act to amend an Act abolishing the office of Tax Collector and Tax Receiver and creating the office of Tax Com missioner, of Chattahoochee County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
920
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 403. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Carrollton, so as to provide for the rate of taxation for school purposes not to exceed 1.50 per centum per annum; and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 403 as follows:
By striking from the Title and Section 1 of said Bill the following: "One and Fifty One-Hundredths (1.50) per centum per annum;", and substituting in lieu thereof the following: "One and Twenty OneHundredths (1.20) per centum per annum;".
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.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 190. By Mr. Overby of Hall: A Bill to be entitled an Act to amend an Act establishing the State Employees Retirement System, so as to clarify the provisions relating to the accumulation of sufficient creditable service in order to qualify under involuntary separation provisions; and for other purposes.
The following Senate amendment was read:
The Rules Committee moves to amend HB 190 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
FRIDAY, MARCH 1, 1963
921
"Section 1. An Act establishing the State Employees Retire ment System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved February 20, 1951 (Ga. Laws 1951, p. 394), an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 160), and an Act approved February 13, 1962 (Ga. Laws 1962, p. 54), is hereby amended by changing the designation of paragraph (e), which was added to Subsection (4) of Section 5 of said Act by the aforesaid amendatory Act of 1953, to (f), and by changing the designation of paragraph (f), which was added to Subsection (4) of Section 5 of said Act by the aforesaid amendatory Act of 1962, to (g), and by striking from paragraph (g) the words "under the State Merit System" and in serting in lieu thereof the words "under a Merit System provided for by law or in a position covered under the Employees Retire ment System of Georgia", and by adding at the end of said para graph the following sentence, "The provisions of this paragraph shall not be retroactive in any manner and shall not apply in any way to any person who was a member on or before February 13, 1962.", so that when so amended said paragraph (g) of Subsection (4) of Section 5 shall read as follows:
"(4) (g) Anything in this Act to the contrary notwithstand ing, on and after the effective date of this Act, no member who has not accumulated sufficient creditable service to qualify himself under involuntary separation provisions of this section 5 shall be deemed as eligible for such allowances until he has accumulated membership service in a position as classified under a Merit System provided for by law or in a position covered under the Employees Retirement System of Georgia (exclusive of any prior service), sufficient for such qualification. However, the provisions of this paragraph shall not be applicable for vested rights, (including prior service), under provisions of subsection (10) of this section 5. The provisions of this paragraph shall not be retroactive in any manner and shall not apply in any way to any person who was a member on or before February 13, 1962."
Mr. Overby 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 Anderson Arnsdorff Bagby Ballard Bell Black Blair
Blalock of Coweta
Bolton Bowen of Dawson Brooks of Oglethorpe Busbee Byrd Chance Clark of Catoosa Clarke of Monroe
Coker of Cherokee
Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy
Echols
922
JOURNAL OF THE HOUSE,
Fleming Floyd Flynt Fowler of Treutlen Fulford Griffin Harrell Harris Henderson Herndon House Houston Hull Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keyton Kirkland Laite Lane Lee of Clinch Leonard Lewis Lindsey Lowrey Mackay Matthews of Colquitt Meeks Melton
Milford Milhollin Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odoni Overby Paris Parker Partridge Payton Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Russell
Scarborough Shaw Shea Shuman Simmons Simpson Smith of Forsyth Smith of Whitfield Snow Steis Story Teague Todd Tucker of Catoosa Twitty Vaughn Waldrop Walker Warren Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Andrews Barber Baughman Bedgood Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Brown Bynum Caldwell Carr Causby Chandler Conger Conner Crummey
Dicus Duncan of Fannin Duncan of Carroll Etheridge Flournoy Fowler of Douglas Funk Gibbons Greene Groover Hale Hall Harrington Hill Horton Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jordan of Floyd
Keadle Kelly Killian King Knight of Laurens Knight of Berrien Lambert Lee of Clayton Lee of Dougherty Logan Lokey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Mitchell Mixon Mullis Pafford Perry of Evans
Pickard Raulerson Rodgers Roper Rowland Rutland Sangster Sewell Sinclair Singer
FRIDAY, MARCH 1, 1963
Smith of Forsyth Smith of Telfair Smith of Emanuel Spikes Stalnaker Stuckey Tabb Towson Tucker of Burke Underwood of
923
Montgomery Underwood of Taylor Ware Watson Watts Wilson of Coffee Woodward Mr. Speaker
On the motion to agree, the ayes were 112, nays 0.
The Senate amendment was 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 441. By Messrs. Vaughn of Rockdale and Rutland of DeKalb:
A Bill to be entitled an Act to provide for security officers of the Stone Mountain Memorial Association; and for other purposes.
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 Alien Anderson Arnsdorff Ballard Bell Black Blair Blalock of Coweta Bolton Bowen of Dawson Brackin Branch
Brantley Brown Busbee Byrd Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Davis Been of Polk DeVane
Dicus Dixon Dorminy Echols Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Griffin Harrell
924
JOUENAL OP THE HOUSE,
Harris Henderson Herndon House Houston Hull Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Kirkland Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Colquitt Meeks Melton Milford Milhollin Mitchell Moate
Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Marion Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Russell Sangster Scarborough Shaw
Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Habersham Snow Stalnaker Steis Story Teague Todd Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Waldrop Walker Ware Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Cullens
Fowler of Treutlen
Leonard
Those not voting were Messrs.:
Acree Andrews Bagby Barber Baughman Bedgood Blalock of Clayton Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Carr Causby Chandler
Conner Crummey Duncan of Fannin Duncan of Carroll Etheridge Fowler of Douglas Greene Groover Hale Hall Harrington Hill Horton Hurst Johnson of Elbert Jones of Liberty
Jones of Worth Keadle Kelly Killian King Knight of Laurens Knight of Berrien Lambert Logan Lokey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie
Mixon Mullis Parker Payton Perry of Evans Rodgers Roper Rowland Rutland
FRIDAY, MARCH 1, 1963
Sewell Sinclair Smith of Telfair Smith of Emanuel Smith of Whitfield Spikes Stuckey Tabb Towson
925
Tucker of Burke Underwood of Taylor Warren Watson Watts Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, the ayes were 128, nays 3. The Bill, having received the requisite constitutional majority, was passed.
HB 365. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure; and for other purposes.
Mr. Bagby of Paulding moved that further consideration of HB 365 be postponed until Monday, March 4, 1963.
On the motion to postpone the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Bagby Ballard Bedgood Bell Blair Blalock of Coweta
Bolton Bowen of Dawson Branch Brantley Chance Clark of Catoosa Conger
Cullens Deen
Dixon Fleming
Floyd Funk Hull Jones of Muscogee Kelly Laite Lane Lee of Dougherty
Lindsey Mackay Matthews of Colquitt Mitchell Moate Morgan of Newton Nessmith
Newton of Colquitt Odom
Paris Peterson
Phillips Poole Rhodes Richardson Scarborough Shaw Shea Smith of Habersham
Snow Stalnaker Steis Todd Ware Warren Wells of Oconee
White Wilkes
926
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Arnsdorff Black Brackin Brown Byrd Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Dorminy Etheridge Flournoy Flynt Fowler of Treutlen Griffin Harrell
Henderson Houston Johnson of Warren Jordan of Calhoun Kirkland Lee of Clinch Lee of Clayton Leonard Lewis Milhollin Moore Morgan of Gwinnett Newton of Jenkins Pafford Perry of Marion Pope Poss
Rainey Raulerson Russell Sangster Shuman Simmons Simpson Singer Smith of Forsyth Story Tucker of Catoosa Twitty Underwood of
Montgomery Waldrop Wells of Camden Williams of Hall
Those not voting were Messrs.:
Acree Alien Andrews Barber Baughman Blalock of Clayton Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Carr Causby Chandler Conner Crummey DeVane Dicus Duncan of Fannin Duncan of Carroll Echols Fowler of Douglas Fulford Gibbons Greene Groover Hale Hall Harrington Harris Herndon
Hill Horton House Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Keadle Keyton Killian King Knight of Laurens Knight of Berrien Lambert Logan Lokey Lowrey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Meeks Melton Mixon Mullis Murphy Overby Parker
Partridge Payton Perry of Evans Pickard Ponsell Reaves Roberts Rodgers Roper Rowland Rutland Sewell Sinclair Smith of Telfair Smith of Emanuel Smith of Whitfield Spikes Stuckey Tabb Teague Towson Tucker of Burke Underwood of Taylor Vaughn Walker Watson Watts Wells of Peach Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
FRIDAY, MARCH 1, 1963
927
On the motion to postpone, the ayes were 55, nays 51.
HB 365 was postponed until Monday, March 4, 1963.
HB 330. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act providing for the holding of Bar Examinations, so as to authorize the Justices of the Supreme Court to fix the dates for holding two examinations each calendar year; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Arnsdorff Bagby Ballard Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Dawson Brackin Branch Brown Busbee Byrd Caldwell Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Deen of Bacon DeVane
Dixon Dorminy Echols Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Griffin Harrell Henderson House Hull Jones of Lumpkin Jordan of Calhoun Kirkland Lane Lee of Clinch Lee of Dougherty Leonard Lindsey Mackay Matthews of Colquitt Meeks Melton Milford
Milhollin Mitchell Mo ate Moore Morgan of Newton Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Sangster Scarborough
928
JOURNAL OF THE HOUSE,
Shaw Shea Shuman Simpson Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Snow
Steis Teague Todd Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Waldrop
Walker Ware Warren Wells of Peach Wells of Oconee Wells of Camden White Wilkes
Those voting in the negative were Messrs.:
Abney Fowler of Treutlen
Houston Lewis
Morgan of Gwinnett Story
Those not voting were Messrs.:
Acree Alien Andrews Barber Baughman Blalock of Clayton Bowen of Randolph Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Carr Causby Chandler Conner Crummey Dicus Duncan of Fannin Duncan of Carroll Etheridge Fowler of Douglas Greene Groover Hale Hall Harrington Harris Herndon Hill
Horton Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Knight of Laurens Knight of Berrien Laite Lambert Lee of Clayton Logan Lokey Lowrey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Mixon Mullis
Murphy Nessmith Perry of Evans Pickard Roberts Rodgers Roper Rowland Russell Rutland Sewell Simmons Sinclair Smith of Telfair Smith of Emanuel Spikes Stalnaker Stuckey Tabb Towson Tucker of Burke Underwood of Taylor Watson Watts Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 109, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 1, 1963
929
HB 210. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a provision providing for the exclusive use of Georgia forest products; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED
An Act to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a provision providing for the exclusive use of Georgia forest products; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. No contract for the construction of, addition to, or repair of any facility, the cost of which is borne by the State, or any department, agency, commission, authority, or political subdivision thereof shall be let, unless said contract contains a stipulation therein providing that the contractor or any subcontractor shall use exclusively Georgia forest products in the construction thereof, when such products are available.
Section 2. The provisions of this Act shall not apply when in conflict with Federal rules and regulations concerning construction.
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.:
Abney Anderson Arnsdorff Bagby Ballard
Bedgood Bell Black Blair Blalock of Coweta
Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe
930
JOURNAL OF THE HOUSE,
Busbee Byrd Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Davis Dean of Polk Been of Bacon DeVane Dixon Dorminy Etheridge Plournoy Floyd Flynt Fowler of Treutlen Fulford Funk Gibbons Harrell Henderson Houston Hull Johnson of Warren Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Kelly
Kirkland Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Matthews of Colquitt Milford Milhollin Mitchell Moate Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odoni Overby Paris Parker Partridge Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Rainey
Raulerson Reaves Rhodes Richardson Russell Sangster Scarborough Shaw Shea Simmons Simpson Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Steis Story Todd Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Waldrop Walker Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Cobb
Those voting in the negative were Messrs.:
Caldwell House
Ware
Warren
Those not voting were Messrs.:
Acree Alien Andrews Barber Baughman Blalock of Clayton
Bolton Bowen of Randolph Bowen of Toombs Brooks of Fulton
Brown Bynum Carr Causby
Chandler Conner Crummey Cullens Dicus Duncan of Fannin Duncan of Carroll Echols Fleming Fowler of Douglas Greene Griffin Groover Hale
Hall Harrington Harris Herndon Hill Horton Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Muscogee Keadle Keyton
FRIDAY, MARCH 1, 1963
Killian King Knight of Laurens Knight of Berrien Laite Lambert Logan Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity McKemie
Meeks Melton
Mixon Moore Mullis Murphy Pafford Payton Perry of Evans Pickard Roberts Rodgers Roper Rowland Rutland Sewell Shuman Sinclair
Singer Smith of Telfair
931
Smith of Emanuel Spikes Stalnaker Stuckey Tabb Teague Towson Tucker of Burke Underwood of Taylor Watson Watts White Williams of Hall Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 107, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Wilkes of Cook served notice that at the proper time he would ask that the House reconsider its action in giving HB 210 the requisite constitutional majority.
HB 290. By Mr. Steis of Harris: A Bill to be entitled an Act to amend an Act providing for the regulation of the sale of securities in this State, so as to provide that it shall be unlawful to sell or offer to sell any securities within this State, except those exempt under Sec. 5 of such Act, until registration of such se curities shall have become effective as provided by Sec. 3 of such Act; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Banks and Banking moves to amend HB 290 as follows:
By striking the last paragraph of Section 6 in its entirety and inserting in lieu thereof a new paragraph to read as follows:
"The sale of securities by or on behalf of an issuer, when no commission or other remuneration is paid or given for in connec tion with such sale pursuant to offers directed to not in excess of
932
JOURNAL OP THE HOUSE,
twenty-five (25) persons, not included sales to persons named in any other Subsection of this Section which are otherwise exempt, provided, however, that such securities are purchased for invest ment and not for distribution and that no other request submitted under this Subsection shall have been approved involving the same class of such securities within the preceding twelve (12) months."
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 Alien Anderson Arnsdorff Bagby Ballard Bell Blair Blalock of Coweta Bowen of Dawson Brackin Brooks of Oglethorpe Byrd Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Been of Bacon Dicus Dixon Dorminy Echols Etheridge Fleming Plournoy Flynt Fowler of Treutlen Fulford Funk Greene Griffin Harrell Harris
Henderson Herndon House Houston Hull Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Kelly Keyton Kirkland Lane Lee of Dougherty Leonard Lewis Lindsey Mackay Matthews of Colquitt Meeks Melton Milford Milhollin Mitchell Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker
Partridge Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Russell Sangster Scarborough Shaw Shea Shuman Simmons Simp son Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Stalnaker Steis Story Todd Tucker of Catoosa Twitty Waldrop Walker Ware Warren
Wells of Peach Wells of Oconee Wells of Camden
FRIDAY, MARCH 1, 1963
White Wilkes Williams of Coffee
933 Williams of Hall
Those not voting were Messrs.:
Acree Andrews Barber Baughman Bedgood Black Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brantley Brooks of Fulton Brown Busbee Bynum Caldwell Carr Causby Chandler Conger Conner Crummey Cullens DeVane Duncan of Fannin Duncan of Carroll Floyd Fowler of Douglas Gibbons Groover
Hale Hall Harrington Hill Horton Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Calhoun Keadle Killian King Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Clayton Logan Lokey Lowrey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Mixon Mullis
Pafford Payton Perry of Evans Pickard Rhodes Rodgers Roper Rowland Rutland Sewell Sinclair Smith of Telfair Smith of Emanuel Spikes Stuckey Tabb Teague Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Vaughn Watson Watts Wilson of Brantley Wilson of Cobb 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, amended.
HB 411. By Mr. Flournoy of Cobb: A Bill to be entitled an Act to amend an Act requiring the presentment of affidavit in proof of payment of taxes before obtaining license; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
934
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 Anderson Arnsdorff Bagby Ballard Black Blair Blalock of Coweta Bolton Bowen of Dawson Brackin Brooks of Oglethorpe Busbee Bynum Byrd Chance Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Been of Bacon DeVane Dixon Dorminy Echols Etheridge Fleming Flournoy Flynt Fowler of Treutlen Fulford Funk Gibbons Griffin Harrell Harris
Henderson Herndon House Houston Hull Johnson of Warren Jones of Muscogee Jordan of Floyd Kelly Keyton Kirkland Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Colquitt Meeks Melton Milford Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge
Those not voting were Messrs.:
Acree Alien Andrews Barber Baughman Bedgood Bell Blalock of Clayton
Bowen of Randolph Bowen of Toombs Branch Brantley Brooks of Fulton Brown Caldwell Carr
Payton Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Reaves Rhodes Richardson Russell Scarborough Shaw Shea Simmons Simpson Smith of Forsyth Smith of Whitfield Snow Stalnaker Steis Story Teague Todd Tucker of Catoosa Vaughn Waldrop Walker Warren Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Cobb
Causby Chandler Clark of Catoosa Conger Conner Crummey Cullens Dicus
FRIDAY, MARCH 1, 1963
Duncan of Fannin Duncan of Carroll Floyd Fowler of Douglas Greene Groover Hale Hall Harrington Hill Horton Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Calhoun Keadle Killian King Knight of Laurens Knight of Berrien Lambert
Logan Lokey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Milhollin Mitchell Mixon Mullis Pafford Parker Perry of Evans Pickard Rainey Raulerson Roberts Rodgers Roper Rowland Rutland Sangster
935
Sewell Shuman Sinclair Singer Smith of Telfair Smith of Emanuel Smith of Habersham Spikes Stuckey Tabb Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Ware Watson Watts Wilkes Wilson of Brantley Woodward Mr Speaker
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 67. By Senator Kendrick of the 32nd: A Bill to be entitled an Act to amend Code Section 32-502, relating to the qualifications of the State Superintendent of Schools, so as to pro vide for additional qualifications; and for other purposes.
The following Committee amendment was read and adopted:
The Education Committee moves to amend SB 67 as follows: By striking the word "man" as it appears in Code Section 32-502, which is quoted in Section 1 of said Bill, and substituting in lieu thereof the word "person".
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:
936
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Anderson Arnsdorff
Bagby Bell Black Blair Blalock of Coweta Bolton Bowen of Dawson Brackin Brown Busbee Byrd Caldwell Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Been of Bacon DeVane Dixon Dorminy Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Treutlen Fulford Funk
Gibbons Griffin Groover Harris Henderson House Houston Hull Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Matthews of Colquitt Meeks Melton Milford Milhollin Mitchell Moore Morgan of Gwinnett Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion
Peterson Phillips Pickard Ponsell Poole Pope Rainey Rhodes Richardson Russell Scarborough Shaw Shea Simmons Simpson Singer Smith of Forsyth Smith of Habersham Snow Stalnaker Steis Story Teague Twitty Vaughn Waldrop Walker Wells of Peach Wells of Camden White Wilkes Williams of Coffee William of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Ballard Brooks of Oglethorpe Clark of Catoosa Harrell Herndon Lewis
Lindsey Lowrey Moate Morgan of Newton Poss Reaves
Roberts Todd Tucker of Catoosa Wells of Oconee
Those not voting were Messrs.:
Acree Alien Andrews
Barber Baughman Bedgood
Blalock of Clayton Bowen of Randolph Bowen of Toombs
FRIDAY, MARCH 1, 1963
Branch Brantley Brooks of Fulton Bynum Carr Causby Chandler Conner Crummey Dicus Duncan of Fannin Duncan of Carroll Fowler of Douglas Greene Hale Hall Harrington Hill Horton Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth
Jones of Lumpkin Keadle Kelly Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Logan Lokey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Mixon Mullis Murphy Pafford Perry of Evans Raulerson Rodgers
937
Roper Rowland Rutland Sangster Sewell Shuman Sinclair Smith of Telfair Smith of Emanuel Smith of Whitfield Spikes Stuckey Tabb Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Ware Warren Watson Watts Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 106, nays 16.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 40. By Senator Conway of the 41st:
A Bill to be entitled an Act to provide for the wearing of badges by poll workers; and for other purposes.
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 Bagby Ballard
Bedgood Bell Blair
Blalock of Coweta Bolton Bowen of Dawson
938
JOURNAL OF THE HOUSE,
Brooks of Oglethorpe Brown Busbee Byrd Clarke of Monroe Coker of Turner Cullens Dean of Polk DeVane Dixon Dorminy Etheridge Flournoy Floyd Flynt
Fowler of Treutlen Gibbons Groover Harrell Harris Henderson Herndon House Houston Jones of Lumpkin
Jones of Muscogee Jordan of Floyd Keyton Kirkland Laite Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lindsey Lowrey Matthews of Colquitt Meeks Milford Milhollin Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Colquitt Odom Overby Partridge
Payton Peterson Pickard Ponsell Poole Pope Poss Rainey Reaves Richardson Russell Shea Simpson Smith of Forsyth Smith of Habersham Snow Steis Story Tucker of Burke Warren Wells of Peach Williams of Coffee Williams of Hall
Those voting in the negative were Messrs.:
Anderson Arnsdorff Black Brackin Chance Clark of Catoosa Davis Been of Bacon
Echols Fulford Lewis Paris Perry of Marion Rhodes Roberts Scarborough
Shaw Simmons Teague Todd Tucker of Catoosa Wilson of Brantley
Those not voting were Messrs.:
Acree Alien Andrews Barber Baughman Blalock of Clayton Bowen of Randolph Bowen of Toombs Branch Brantley Brooks of Fulton Bynum Caldwell
Carr Causby Chandler Coker of Cherokee Conger Conner Crummey Dicus Duncan of Fannin Duncan of Carroll Fleming Fowler of Douglas Funk
Greene Griffin Hale Hall Harrington Hill Horton Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty
FRIDAY, MARCH 1, 1963
Jones of Worth Jordan of Calhoun Keadle Kelly Killian King Knight of Laurens Knight of Berrien Lambert Lane Logan Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Melton Mitchell
Mixon Mullis Newton of Jenkins Pafford Parker Perry of Marion Phillips Raulerson Rodgers Roper Rowland Rutland Sangster Sewell Shuman Sinclair Singer Smith of Telfair Smith of Emanuel Smith of Whitfield Spikes Stalnaker
939
Stuckey Tabb Towson Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Watson Watts Wells of Oconee Wells of Camden White Wilkes Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, the ayes were 82, nays 22.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Harris of DeKalb served notice that at the proper time he would ask the House to reconsider its action in failing to give SB 40 the requisite consti tutional majority.
SB 27. By Senators Carter of the 14th and Pennington of the 45th:
A Bill to be entitled an Act to regulate the registration, labeling, analy sis, sale, and application of agricultural limestone; and for other purposes.
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 Anderson
Arnsdorff Bagby
Barber Bedgood
940
JOURNAL OF THE HOUSE,
Bell Black Blair Bolton Bowen of Dawson Brackin Brantley Brooks of Oglethorpe Brown Busbee Byrd Caldwell Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane
Dorminy Flournoy Floyd Flynt Fowler of Treutlen Fulford Gibbons Harrell Harris Henderson Herndon House Houston Jones of Lumpkin Jones of Worth
Jordan of Floyd Jordan of Calhoun Kelly Keyton Kirkland Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Colquitt Meeks Melton Milford Milhollin Mitchell Moate
Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson
Poss Rainey Reaves Rhodes Richardson Roberts Russell Scarborough Shaw Shea Simmons Simpson Singer Smith of Forsyth Smith of Habersham Smith of Whitfield
Snow Spikes Steis Story Teague Todd Tucker of Catoosa Twitty Underwood of
Montgomery Walker Ware Warren Wells of Oconee White Wilkes Williams of Coffee
Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs. Ballard and Pope.
Those not voting were Messrs.:
Acree Alien Andrews Baughman Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Toombs Branch Brooks of Fulton
Bynum Carr Causby Chance Chandler Conger Crummey Dicus Dixon Duncan of Fannin
Duncan of Carroll Echols Etheridge Fleming Fowler of Douglas Funk Greene Griffin Groover Hale
FRIDAY, MARCH 1, 1963
Hall Harrington Hill Horton Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Keadle Killian King Knight of Laurens Knight of Berrien Lambert Logan Lokey Matthews of Clarke
McClelland McCracken McDonald McGarity McKemie Mixon Mullis Pafford Perry of Evans Phillips Pickard Ponsell Poole Raulerson Rodgers Roper Rowland Rutland Sangster Sewell
941
Shuman Sinclair Smith of Telfair Smith of Emanuel Stalnaker Stuckey Tabb Towson Tucker of Burke Underwood of Taylor Vaughn Waldrop Watson Watts Wells of Peach Wells of Camden Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Pope of Cherokee stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on SB 27.
HB 269. By Mr. White of Mclntosh:
A Bill to be entitled an Act to amend an Act revising, consolidating and superseding laws relative to game and fish, so as to close Doboy Sound and Altamaha Sound to the taking of crab and shrimp with a net other than a cast net; and for other purposes.
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 Anderson
Arnsdorff Bagby
Ballard Barber
942
JOURNAL OF THE HOUSE,
Bell Black Blair Bolton Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Byrd Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon Dixon Dorminy Echols Plournoy Ployd Flynt Fowler of Treutlen Fulford Gibbons Harrell Harris Henderson Herndon House
Houston Jones of Worth Jones of Lumpkin Jordan of Floyd
Kelly Keyton Kirkland Laite Lane Lee of Clinch
Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay
Matthews of Colquitt Meeks Milford Milhollin Mitchell Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion
Peterson Ponsell Poole Pope
Poss Rainey Reaves Rhodes Roberts Russell Scarborough Shaw Simmons Smith of Porsyth Smith of Habersham Smith of Whitfield Snow
Steis Story Teague Todd Tucker of Catoosa
Twitty Underwood of
Montgomery Vaughn
Walker Ware Warren Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Andrews Baughman Bedgood Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Toombs Brooks of Wilson Bynum Caldwell Carr Causby Chandler
Conger Crummey DeVane Dicus Duncan of Fannin Duncan of Carroll Etheridge Fleming Fowler of Douglas Funk Greene Griffin Groover Hale Hall
Harrington Hill Horton Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun Keadle Killian King Knight of Laurens
FRIDAY, MARCH 1, 1963
Knight of Berrien Lambert Logan Lokey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Melton Mixon Mullis Pafford Perry of Evans Phillips
Pickard Raulerson Richardson Rodgers Roper Rowland Rutland Sangster Sewell Shea Shuman Simpson Sinclair Singer Smith of Telfair Smith of Emanuel
943
Spikes Stalnaker Stuckey Tabb Towson Tucker of Burke Underwood of Taylor Waldrop Watson Watts Wells of Peach Wells of Camden Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Barber of Jackson was granted leave of absence from 10:30 a.m. to 11:45 a.m. for the purpose of attending a meeting concerning the administration of a receivership. During this time the following measures were considered: HB 290, HB 330, HB 411, HB 441, HB 210, SB 40, SB 67. Mr. Barber would have voted "Aye" on these measures and would have voted for the postponement of HB 365.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 a.m. Monday morning and the motion prevailed.
The Speaker Pro-Tern announced the House adjourned until 10:00 a.m. Monday morning.
944
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, March 4, 1963
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 Reverend Kenneth M. Startup, Pastor of the Newton Estates Baptist Church, College Park, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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.
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, March 4, 1963, and submits the following:
HB
24. Industrial Development Authority
HB
39. Superior Court, misdemeanor cases
MONDAY, MARCH 4, 1963
945
HR 28-47. Compensate Wainer Construction Co.
HR 35-77. Compensate Henry Kennedy
HR 37-77. Compensate Tex Jones
HB 107. Ordinary's office, closing
HB 165. Prohibit crab fishing, St. Andrew's Sound
HB 175. Dentists, applicants' qualifications
HB 176. Denal hygienists, registration requirements
HB 205. Notes of indebtedness, counties (reconsidered)
HB 225. Cosmetology, regulate
HB 226. Barbers and Hairdressers, regulate (postponed)
HR 105-254. Compensate Emory Griffin
HR 107-254. Compensate William L. Sanders Post
HB 302. Small Claims Court, certain counties
HB 314. Small Claims Court, qualifications of Judge
HB 321. Catching quail without permit, penalty (postponed)
HB 327. Georgia Factory for the Blind, State holidays
HB 348. Sheriff's Retirement Fund
HR 137-355. Constitution Revision Commission
HB 365. Weights & Measures, standards (postponed)
HB 426. Civil Defense, organize each county
HR 150-426. State, local government, cases of emergency
HR 158-429. Public Health, uncollectible accounts
SB
25. Holding public sales, time
SB
62. State Bar of Georgia (postponed)
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully, submitted
Richardson of Chatham, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
946
JOURNAL OF THE HOUSE,
HB 507. By Messrs. Smith of Habersham, Johnson of Warren, Acree of Towns, Poole of Pickens, Lewis of Wilkinson and Snow of Walker:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to provide that no newspaper publishing company shall be allowed to publish advertisements of liquors; and for other purposes.
Referred to the Committee on Judiciary.
HB 508. By Mr. Chance of Twiggs:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Jeffersonville, so as to change the corporate limits of the City of Jeffersonville; and for other purposes.
Referred to the Committee on Local Affairs.
HB 509. By Mr. Busbee of Dougherty: A Bill to be entitled an Act to amend an Act entitled the "Statewide Probation Act", so as to provide that in the court's discretion the adjudication of the guilt of the accused may be stay and withheld as well as the imposition of sentence; and for other purposes.
Referred to the Committee on Judiciary.
HR 179-509. By Mr. Roberts of Jones: A Resolution to compensate Benjamin H. Walton; and for other pur poses.
Referred to the Committee on Appropriations.
HB 510. By Messrs. Russell of Thomas and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act regulating the sale of livestock at auction, so as to provide that each sales establishment built or in which major alterations are made after effective date of this Act shall make provisions to weigh livestock immediately prior to sale; and for other purposes.
Referred to the Committee on Agriculture.
HB 511. By Messrs. Hurst of Quitman, King of Chattahoochee, Steis of Harris, Conger of Decatur, McKemie of Clay, Bowen of Randolph and others:
A Bill to be entitled an Act to amend the Georgia Motorboat Number ing Act, so as to authorize entering agreements for registration of boats used on waters, contiguous to or forming a part of or abutting upon the boundaries of this State; and for other purposes.
Referred to the Committee on Natural Resources.
MONDAY, MARCH 4, 1963
947
HB 512. By Messrs. Steis of Harris, Hurst of Quitman, King of Chattahoochee, Conger of Decatur, Bowen of Randolph, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act comprehensively, revising, consolidating and superseding the laws relating to the Game and Fish Commission relating to agreements between Georgia and those States bordering on this State on individual basis, for taking waterfowl on waters forming part of or abutting on Georgia; and for other purposes.
Referred to the Committee on Natural Resources.
HB 513. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide that counties, municipalities, and other political subdivisions of this State are authorized to pur chase blanket bonds covering employees thereof; and for other purposes.
Referred to the Committee on Judiciary.
HB 514. By Mr. Moore of Polk:
A Bill to be entitled an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not more than 28,250; and for other purposes.
Referred to the Committee on Local Affairs.
HB 515. By Messrs. Clarke of Monroe and Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the effective date of the Uniform Commercial Code, so as to change the effective date; and for other purposes.
Referred to the Committee on Judiciary.
HB 516. By Mr. Kirkland of Tattnall.
A Bill to be entitled an Act to amend an Act relating to "Non-profit Medical Service Corporations", so as to provide that doctors of podiatry shall have the same rights, benefits and privileges as doctors of medi cine and surgery and doctors of dental surgery; and for other purposes.
Referred to the Committee on Insurance.
HR 181-516. By Mr. Todd of Glascock: A Resolution to compensate Mrs. H. S. Swint; and for other purposes.
Referred to the Committee on Appropriations.
948
JOURNAL OP THE HOUSE,
HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis, Lee of Clayton, Smith of Whitfield, Twitty of Mitchell, Groover of Bibb and Steis of Harris:
A Bill to be entitled an Act to amend an Act pertaining to the salaries of the Chairman and members of the Public Service Commission, so as to provide a salary of $19,600 per annum, in lieu of a salary of $16,000 per annum; and for other purposes.
Referred to the Committee on State of Republic.
HR 182-517. By Messrs. Newton of Colquitt, Lowrey of Floyd, Bowen of Toombs, Milhollin of Coffee, Dorminy of Ben Hill and many others:
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.
HB 518. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owners thereof is a member of the Governor's Staff without written permission; 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 first time and referred to the Committees:
SB 44. By Senators Zorn of the 6th, McKinnon of the 7th, Gayner of the 5th, and Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 24-34 relating to court costs in civil cases, as amended, so as to provide for a minimum filing fee in all civil cases; and for other purposes.
Referred to the Committee on Judiciary.
SR 56. By Senator Webb of the llth:
A Resolution creating the Congressional Districts Study Committee; and for other purposes.
Referred to the Committee on Special Judiciary.
MONDAY, MARCH 4, 1963
949
SB 59. By Senator Moore of the 31st:
A Bill to be entitled an Act to create the Cedartown Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
SB 64. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code", so as to provide for penalty for false oath to procure benefit from an insurance policy; and for other purposes.
Referred to the Committee on Insurance.
SB 98. By Senator Fuqua of the 22nd: A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.
Referred to the Committee on Judiciary.
SB 103. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th and others: A Bill to be entitled an Act to amend an Act carrying into effect in the City of Atlanta the provisions of the amendment to Para. 1, Sec. 7, Art. 6 of the Constitution of the State of Georgia, relating to the abolition of Justice Courts and establishing certain other courts; and for other purposes.
Referred to the Committee on Local Affairs.
SB 106. By Senator Spinks of the 9th and Rowan of the 8th: A Bill to be entitled an Act to amend Code Chap. 84-3 pertaining to architects, so as to provide credit to military personnel for satisfactory architectural experience gained while in military service; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
SB 112. By Senator Miller of the 50th: A Bill to be entitled an Act to amend an Act incorporating and creat ing a new charter for the City of Jasper, so as to change the corporate limits of said city; 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.
950
JOURNAL OF THE HOUSE,
HB 489. By Mr. Pafford of Lanier:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to remove from said Act the provision allowing time served as a member of the General Assembly be allowed as retirement service credit; and for other pur poses.
HB 490. By Mr. Richardson of Chatham:
A Bill to be entitled an Act to amend an Act imposing a tax upon the sale, use, or other disposition of cigars and cigarettes, so as to pro vide that the tax imposed shall be upon the person purchasing; and for other purposes.
HB 491. By Mr. Shea of Chatham:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide for the periodic examination of driver's license holders prior to their renewal; and for other purposes.
HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll, Warren of Wayne, Lindsey of Wilkes, Herndon of Appling and Wilson of Brantley:
A Bill to be entitled an Act to amend an Act to revise the adoption laws so as to remove certain grounds for the annulment of an adop tion; and for other purposes.
HB 493. By Messrs. Dixon of Ware, Hill of Meriwether, Sewell of Sumter, Ponsell of Ware and Duncan of Fannin:
A Bill to be entitled an Act to make it unlawful for a railroad to operate certain type trains with less than a specified number of crew men; and for other purposes.
HB 494. By Messrs. Lane and Nessmith of Bulloch:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro; and for other purposes.
HR 175-494. By Messrs. Fleming, Hull and Bell of Richmond, Phillips of Co lumbia, House and Laite of Bibb, Bowen of Toombs, Paris of Barrow and others:
A Resolution relating to the creation of a dental college in conjunction with the Medical College of Georgia; and for other purposes.
MONDAY, MARCH 4, 1963
951
HB 495. By Messrs. Keyton and Russell of Thomas, Reaves of Brooks, Hall of Lee, Carr of Washington, Hull and Fleming of Richmond, and many others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State Officials, so as to change the com pensation of the State Supervisor of Purchases; and for other purposes.
HB 496. By Mr. Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply; and for other purposes.
HB 497. By Messrs. Matthews and Bedgood of Clarke:
A Bill to be entitled an Act to provide that no municipality shall em ploy law enforcement officers and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests; and for other purposes.
HB 498. By Messrs. Richardson, Funk and Shea of Chatham:
A Bill to be entitled an Act to amend an Act creating a Board of Health in each county and providing for payment of the expenses of county health departments by towns and cities under certain conditions, so as to change the method of payment of expenses of county health depart ments; and for other purposes.
HB 499. By Mr. Funk of Chatham:
A Bill to be entitled an Act to amend an Act relating to the licensing of wholesale fish dealers, so as to increase the license for wholesale fish dealers; and for other purposes.
HR 177-499. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Vaughn of Rockdale, Wells of Camden, Parker of Screven, Mackay of DeKalb and others:
A Resolution to designate and name the "Georgia Mental Health Center" located on Briarcliff Road in DeKalb County, as the "S. Ernest Vandiver Mental Health Center"; and for other purposes.
HB 500. By Messrs. Mackay of DeKalb, Underwood of Montgomery and Spikes of Troup:
A Bill to be entitled an Act to provide that trustees, executors, adminis trators, guardians and other like fiduciaries holding trust funds may invest the same in real estate loans both secured by a first lien on or first security title to improved realty and are insured pursuant to provisions of any Title of the National Housing Act; and for other purposes.
952
JOURNAL OF THE HOUSE,
HR 178-500. By Mr. Bowen of Toombs:
A Resolution to compensate William C. Somers, Jr.; and for other purposes.
HB 501. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the Hospital Authority Law, so as to extend the period for which a governing body of any city, town, municipality or county is authorized to enter into contracts with a hospital authority for the continued maintenance and use of the facilities of such authority; and for other purposes.
HB 502. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to fix the salary of the Sheriff in counties having a population of 500,000 or more; and for other purposes.
HB 503. By Mr. Conner of Jeff Davis:
A Bill to be entitled an Act to amend an Act re-incorporating the City of Hazlehurst, so as to re-define the corporate limits of said city; and for other purposes.
HB 504. By Messrs. Bynum of Rabun, Overby of Hall, Paris of Barrow, Mc Donald of White, Barber of Jackson, Poole of Pickens and many others:
A Bill to be entitled an Act to amend an Act providing for the mainte nance of standards of sanitation for food service establishments, so as to provide that non-profit schools and institutions serving family-style meals shall not be included under any law regulating the dispensing of milk; and for other purposes.
HB 505. By Messrs. Lindsey of Wilkes, Roberts of Jones, Mitchell of Whitfield, Underwood of Taylor, Moate of Hancock, Hull of Richmond and others:
A Bill to be entitled an Act to be known as "The State Employees Mini mum Wage Bill' establishing a minimum wage for all employees of the State of Georgia; and for other purposes.
HB 506. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education, so as to give credit for prior serv ice rendered as a teacher in any public school system, college or uni versity; to provide for pro-rata refund of contributions in certain cases; and for other purposes.
MONDAY, MARCH 4, 1963
953
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 105. Do Pass by Committee Substitute. HB 106. Do Not Pass. HB 223. Do Pass by Committee Substitute. HB 288. Do Pass by Committee Substitute. HB 135. Do Pass by Committee Substitute. HB 452. Do Pass. HB 457. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Hale of Dade 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:
HR 134-346. Do Pass. HB 480. Do Pass. HB 482. Do Pass. HB 483. Do Pass. HB 484. Do Pass. HB 494. Do Pass. HB 503. Do Pass. HB 347. Do Pass. HB 358. Do Pass. HB 359. Do Pass. HB 360. Do Pass. HB 476. Do Pass.
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13. Do Pass. 29. Do Pass. 49. Do Pass. 51. Do Pass. 52. Do Pass. 77. Do Pass. 78. Do Pass. 79. Do Pass. 87. Do Pass. 21. Do Pass. 22. Do Pass as Amended. 241. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Vaughn of Rockdale County, Vice-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 Vice-Chair man, to report the same back to the House with the following recommendations:
HB 200. Do Pass.
HB 410. Do Pass.
HB 518. Do Pass.
HR 167-477. Do Pass.
HR 182-517. Do Pass.
Respectfully submitted, Vaughn of Rockdale, Vice-Chairman.
Mr. Harris of DeKalb asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the follow ing Bill of the Senate:
MONDAY, MARCH 4, 1963
955
SB 40. By Senator Conway of the 41st:
A Bill to be entitled an Act to provide for the wearing of badges by poll workers; and for other purposes.
The consent was granted and SB 40 was placed at the foot of the calendar.
Mr. Wilkes of Cook asked unanimous consent that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 210. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a provision providing for the exclusive use of Geor gia forest products; and for other purposes.
The consent was granted and HB 210 was placed at the foot of the calendar.
Pursuant to HR 65, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a message from Honorable James E. Powers, National Commander of the American Legion; and was called to order by the President of the Senate, Lt. Governor Peter Zack Geer.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, the Honorable James E. Powers appeared upon the floor of the House.
In presenting Honorable Powers, Lt. Gov. Geer introduced several officials of the American Legion.
Commander Powers delivered the following address: Lieutenant Governor Geer, distinguished members of the Georgia
Legislature, my fellow American Legionnaires and fellow Georgians, I am so very happy to be back home again on one of my entirely tooinfrequent visits during a busy year as National Commander of The American Legion.
This is a great personal privilege and pleasure for me to speak with the executive and legislative officials of my home state. On behalf
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of Commander W. D. Harrell, of the Department of Georgia; Depart ment Adjutant George Osborne, National Executive Committeeman Jack Langford, the nearly 50,000 American Legionnaires of this great state, and Legionnaires everywhere, my sincere thanks for the honor you have accorded The Legion in permitting me to appear here today.
Among other things, this affords me the opportunity to express the thanks of The American Legion for the many considerations you have given to the veteran population of Georgia, and for the invaluable services you have rendered to all of your fellow citizens. Being no stranger to these precincts, I have personal knowledge of your many fine works on behalf of Georgia's veterans.
I am proud to share with you the rich heritage of citizenship in this great state, and as an American Legionnaire, I am proud to share with you the continuing responsibility of perpetuating the principles of freedom, justice and democracy for our children and for generations of Americans yet unborn.
Each of us is acutely aware of the fundamental differences be tween our democratic system of government and that system which would seek to destroy our way of life and our freedoms, and reduce us to a state of servitude that is completely alien to everything American.
I speak, of course, of government by regimentation, which charac terizes the totalitarian state and which has achieved the ultimate in tyranny, despotism and inhumanity under the international communist conspiracy.
Here in America the individual retains the right to freely seek his destiny so long as he does not infringe upon the rights and privileges of his fellow man. Here we have government by representation, as opposed to government by regimentation.
I'm sure that everyone in this room is aware that The American Legion is a firm believer in this system of ours. Because we believe, we have never hesitated to make our voice heard, be it from the floor of the city council, the chambers of the state legislature, or in the halls of the Congress of the United States.
We regard participation in the affairs of community, state and nation, both as a privilege and a responsibility, and we believe we have little claim to the privileges of citizenship unless we are willing to accept the accompanying responsibility.
The American Legion, my friends, is an action organization, a fact of which you veteran legislators are well aware. We express ourselves through four basic programs of service to God and Country--programs which were conceived by the founders of The Legion just 44 years ago this month at the famous Paris Caucus where The Legion was born.
These programs of rehabilitation, child welfare, Americanism and national security have withstood the tests of time, and through the
MONDAY, MARCH 4, 1963
957
years each of them has proved its worth by contributing immeasurably to the maintenance of a strong and free society.
On countless occasions we have found it necessary to take our pro grams before the Congress of the United States, and to the legislatures of the several states, in order to make them effective. Seldom have we failed to find a receptive audience for we have built a sound reputation for sponsoring or backing only that legislation which we believe to be for the good of the nation, and that which is germane to the principles and programs of The Legion.
It is not uncommon for us to encounter viewpoints that are widely divergent from those of The Legion, but this too is good, for out of free discussion and debate evolve those decisions which we believe produce the maximum good for the greatest numbers of our citizens.
Being cognizant and appreciative of all that is good about this system of ours, we may well ask ourselves if ours could become a gov ernment by regimentation rather than government by representation. I say to you in all sincerity, that it not only can, it will, if we should ever abandon the responsibilities of citizenship. This applies equally to all Americans, not just to American Legionnaires.
The American Legion, my friends, is dedicated to the proposition that it shall not happen here.
That creeping paralysis of the mind and the spirit of man, a ter rible byproduct of communism, has, during the years since the close of World War II, spread its influence over the lives of nearly a billion people and extended its tentacles dangerously close to American shores with the establishment of a red stronghold in Castro's Cuba.
I was in the Caribbean area early last fall, shortly after my elec tion as National Commander of The American Legion. I was in the process of receiving a briefing by the military commanders of the Antilles Defense Command at the very moment that President Kennedy announced to the nation the extent of the communist offensive military build-up in Cuba and the gravity of the threat which that buildup posed to the Americas.
The strong and necessary measures which he instituted immediately to counter that threat were met with unanimous approval by the people of that part of the world.
In the name of The American Legion, I wired the President at the White House, pledging to him the whole-hearted support of the Legion in this and any other action which the administration deemed necessary to rid this hemisphere of the cancer of communism.
We of The Legion believe that this was a necessary first step in the removal of the Castro regime from Cuba. We have been on the record officially, since our 1960 Convention in Miami, for a "get tough" policy with Castro for we recognized at an early stage that here was a move-
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ment vastly more sinister in nature than a simple agrarian revolu tionary reform. It has long since proved to be a revolution of the same nature that catapulted Mao Tse Tung to power in China, and has de livered another once-free nation into the hands of communism.
The American Legion is diametrically opposed to the announced plans by the United Nations to sponsor an agricultural aid project for Cuba to cost in excess of a million dollars.
The Legion, and the American people generally, stood firmly be hind President Kennedy last fall when he announced that the United States would institute a naval blockade of Cuba to enforce demands for the removal of Soviet offensive weapons from this island dominated by the red-controlled government of Fidel Castro.
This was an action fraught with peril, yet the American people stood united and voiced near unanimous approval of the move, and we believe it was an expression of the real feelings of our citizens regard ing the necessity to destroy Castroism.
We may have deep sympathies for the Cuban people--but not for the government of Fidel Castro. The problems which Cuba now faces are completely of the making of the Castro government and its Kremlin masters. There is absolutely no justification for this nation, or for any organization to which we contribute the lion's share of financial support, to help bail Castro out of his difficulties. To our way of thinking, this action would provide aid and comfort to a sworn enemy of the United States.
I say that our all-out efforts should be in the exact opposite direc tion--that of contributing mightily to the quick and complete demise of the Catro regime and to restore to the freedom-loving Cuban people the right to select a government of their own choosing. We believe that total economic sanctions are in order against Cuba, and that as tight a blockade as can be achieved should be reinstated. We believe that should these methods fail to bring Castro to his knees then the Organi zation of American States should make available to freedom-loving Cubans all the resources at their command to destroy the Castro regime. As a course of last resort, we believe that direct military intervention by the OAS if possible, but by the United States, unilaterally if neces sary, is justified to remove the menace of communism from this hemis phere.
We, and our sister states of this hemisphere, must recognize that we cannot tolerate indefinitely this communist bastion which serves not only as a base for a possible military offensive, but which is a constant threat as a port of embarkation for subversives whose objective it is to foment, strife and unrest throughout the Americas.
During December of 1962, I was privileged to visit in the Far East, touching such points as Hong Kong, Taipei, and Saigon. There in the jungles of Viet Nam, half a world removed from Cuba, I found that the impact of the firm stand by the United States in the Cuban crisis had been felt.
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959
I found that the prestige of the United States had, by virtue of that single firm and positive action, risen to heights that we have not reached since the close of World War II. Frankly, I was surprised that they had even heard of the Cuban action in that remote quarter of the globe. The very fact that they had, and were so favorably impressed by it, is new evidence of the validity of a position long held by The American Legion. It is simply this: The United States does not have to compete in a popularity contest to win the esteem of her friends and the respect of her foes. We will accomplish these ends much more readily by providing the firm type of leadership that the world has come to expect of us.
I could say a great deal more about this "dirty little war" in Viet Nam, but time will not permit. Suffice it to say that our military advisors on this remote outpost of freedom assured me that they knew why they were there--and they asked me not to let the American people forget why there are there.
They are there to halt the advance of communism, and in their own words, they would rather do it there than in the streets of Los Angeles, New York, or Atlanta.
This we see as an important part of our task as The American Legion faces one of the greatest challenges in our 44-year history-- that of keeping the American people informed of the dangers which confront us, and of helping to muster all of the moral and physical forces of this, the greatest nation on earth, that we may be prepared for any eventuality.
In conclusion, may I say that I am impressed by the caliber of men and women who now seek to serve their state and their nation in the halls of the legislatures of the several states. The dedicated serv ice of men and women like yourselves gives rise for new confidence in the future of America. I hasten to add that The American Legion has never held any view other than one of complete confidence and optimism for the future of this nation.
We know, as we seek to strengthen the country at the national level, that your efforts on behalf of the state are aimed at the same objec tive, for the nation can be no stronger than the combined strength of the several states, and the state can be no stronger than the combined strength of its many communities and of its individual citizens.
We of The American Legion wish you every success for a most fruitful and productive session of this legislature, and we know that we have common cause with you in our mutual efforts to serve the community, the state and the nation.
Senator Pannell of the 54th moved that the Joint Session of the General Assembly be dissolved and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
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The House was called to order by the Speaker Pro-Tern.
By unanimous consent, the following Bills and Resolutions of the House and Senate was taken up for consideration and read the third time:
HR 134-346. By Messrs. McClelland and Etheridge of Fulton, Mackay, Harris, 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.
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 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 347. By Messrs. McClelland and Etheridge of Fulton: A Bill to be entitled an Act to amend an Act to establish the Criminal Court of Atlanta, so as to provide for a Clerk of said Court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 359. By Messrs. Etheridge and McClelland of Fulton: A Bill to be entitled an Act to fix the compensation of Ordinaries in counties having a population of 500,000 or more; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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961
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 360. By Messrs. McClelland and Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act relating to the salaries of the Judges and Solicitor Generals 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 476. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 484. By Mr. Lindsey of Wilkes: A Bill to be entitled an Act to amend an Act abolishing the offices of the Tax Collector and the Tax Receiver of Wilkes County and creat ing in lieu thereof the 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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HB 483. By Mr. Lindsey of Wilkes:
A Bill to be entitled an Act to place the Sheriff and other officers of Wilkes County on an annual salary in lieu of the fee system; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 358. By Messrs. McClelland and Etheridge of Pulton:
A Bill to be entitled an Act to amend an Act to fix the salary of the Judges of the Juvenile Courts in counties having a population of more than 500,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 480. By Messrs. Matthews and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act creating and incorporat ing the Town of Riverside, so as to provide for the power and authority of Mayor and Alderman in connection with public parks, streets, alleys, 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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963
HB 482. By Mr. Perry of Evans:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the City of Hagan, in the County of Evans"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 241. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Louisville, so as to expand and to define the corporate limits of the City of Louisville; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 77. By Senators Brown of the 34th, Salome of the 36th, Brewer of the 39th and others: 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, approved August 19, 1912 (Ga. L. 1912, p. 862 et seq.) 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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SB 29. By Senators Brown of the 34th, Wesberry of the 37th, Johnson of the 38th, Mclntyre of the 40th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a method for providing garbage disposal systems in the unincor porated portions 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 49. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th, Brewer of the 39th, and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Fairburn; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 51. By Senators Mclntyre of the 40th, Brown of the 34th, Brewer of the 39th and others:
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 78. By Senators Brown of the 34th, Wesberry of the 37th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862 et seq.) ; and for other purposes.
MONDAY, MARCH 4, 1963
965
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 79. By Senators Brown of the 34th, Wesberry of the 37th and others:
A Bill to be entitled an Act establishing a new Charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.); and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 13. By Senators Johnson of the 38th, Wesberry of the 37th and others:
A Bill to be entitled an Act to designate as depositories for public and trust funds the Treasury in all counties of Georgia having a popula tion of 500,000 or more according to the last U. S. census or any future census; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 87. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th and Maclntyre of the 40th:
A Bill to be entitled an Act to amend the Act relating to the compensa tion of Judges of the Civil Court of Pulton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 52. By Senator Knox of the 24th:
A Bill to be entitled an Act to amend an Act placing certain county officers of McDuffie County on a salary system in lieu of a fee system, so as to provide a contingent expense allowance for the Clerk of Supe rior 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 120, 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 consider ing the Senate substitute thereto:
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act relating to criminal pro cedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Sections 26-1005 and 27-2302 of the Georgia Code of 1933, relating to the punishment for murder and other capital cases, so as to provide that any person who has not reached his eighteenth birthday at the time of the offense shall not be sentenced to death but shall instead be sentenced to life imprisonment; to provide for the effective date of these amendments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 26-1005 of the 1933 Code, prescribing the pun ishment for murder, is hereby amended by adding at the end of the first paragraph the following:
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967
"When it is shown that a person convicted of murder had not reached his eighteenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life."
so that when so amended Section 26-1005 shall read as follows:
"26-1005. The punishment for persons convicted of murder shall be death, but may be confinement in the penitentiary for life in the following cases: If the jury trying the case shall so recom mend, or if the conviction is founded solely on circumstantial testi mony the presiding judge may sentence to confinement in the peni tentiary for life. In the former case it is not discretionary with the judge; in the latter it is. When it is shown that a person convicted of murder had not reached his eighteenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life.
"Whenever a jury, in a capital case of homicide, shall find a verdict of guilty, with a recommendation of mercy, instead of a recommendation of imprisonment for life, in cases where by law the jury may make such recommendation, such verdict shall be held to mean imprisonment for life. If, in any capital case of homicide, the jury shall make any recommendation, where not au thorized by law to make a recommendation of imprisonment for life, the verdict shall be construed as if made without any recom mendation."
Section 2. Section 27-2302 of the 1933 Code, prescribing punish ment in capital cases other than homicide, is hereby amended by add ing at the end thereof the following:
"When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death. However, when it is shown that a per son convicted of a capital offense without a recommendation to mercy had not reached his eighteenth birthday at the time of the commission of the offense the punishment of such person shall not be death but shall be imprisonment for life."
so that when so amended Section 27-2302 shall read as follows:
"27-2302. In all capital cases, other than those of homicide, when the verdict is guilty, with a recommendation to mercy, it shall be legal and shall mean imprisonment for life. When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death. However, when it is shown that a person convicted of a capital offense without a recommendation to mercy had not reached his eighteenth birthday at the time of the commission of the of fense the punishment of such person shall not be death but shall be imprisonment for life."
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Section 3. These amendments shall be operative on and after the effective date of this Act to the fullest extent possible without en croaching upon the constitutional authority of the State Board of Par dons and Paroles.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Kelly of Jasper moved that the Senate substitute be printed and dis tributed on the desks.
The motion prevailed, and HB 40 was postponed in order that the senate substitute could be printed and distributed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto.
HB 284. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to place the Sheriff of the Superior Court of Newton County on a salary in lieu of the fee systems; and for other purposes.
The following Senate amendment was read:
Senator Pennington of the 45th offered the following amendment:
Amend HB 284, section 1, by striking the words and figures "ten thousand ($10,000.) dollars", in the third line of said section, and inserting in lieu thereof the words and figures "nine thousand ($9,000) dollars".
Amend HB 284, by striking section 2 in its entirety and substitut ing in lieu thereof the following section:
"Section 2. The Sheriff shall be authorized to hire or ap point one (1) chief deputy to assist him in the performance of his duties; and the chief deputy shall be compensated from the funds of Newton County in the sum of four hundred ($400) dollars per month. The Sheriff shall also be furnished a deputy-jailor, who shall be compensated in the sum of Three Hundred and Thirty ($330) dollars per month from county funds."
Mr. Ballard of Newton moved that the House agree to the Senate amend ment.
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969
On the motion to agree, the ayes were 117, nays 0.
The Senate amendment was agreed to.
Mr. Sinclair of Macon moved that the following Bill of the House be with drawn from the Committee on Judiciary and recommitted to the Committee on Welfare:
HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll, and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933", so as to remove certain grounds for the annulment of an adoption; and for other purposes.
On the motion to withdraw and recommit, the ayes were 110, nays 0.
The motion prevailed, and HB 492 was recommitted to the Committee on Welfare.
The following Resolutions were read and adopted:
HR 189. By Mr. Clarke of Monroe:
A RESOLUTION
Commending George H. Bostick, Senior at Mary Persons High School, Porsyth, Georgia; and for other purposes.
WHEREAS, George H. Bostick is one of two high school students who represented the State of Georgia at the Senate Youth Program in Washington, D. C. in 1962; and
WHEREAS, George H. Bostick won this honor by competing with other eager and enthusiastic high school students throughout the State; and
WHEREAS, the Senate Youth Program provides invaluable gov ernmental training and observation of the governmental processes of the United States in action; and
WHEREAS, George H. Bostick is Speaker of the House of Repre sentatives of the "Y" Youth Assembly of Georgia and a member of the State Championship Debate Team; and
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WHEREAS, it is of utmost importance to the welfare of this nation that the youth of this State be given recognition for their out standing achievements and be encouraged to prepare themselves for their future responsibilities and obligations as citizens of this great State and nation; and
WHEREAS, it is only fitting and proper that recognition be given to George H. Bostick for his accomplishments and early achievements in life.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that George H. Bostick, Senior at Mary Persons High School, Porsyth, Georgia is hereby commended and con gratulated by this General Assembly for his accomplishments and early achievements in life and for bringing credit to himself and his State by receiving this honor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to George H. Bostick.
HR 188. Bv Messrs. Newton of Colquitt, Perry of Evans, Milhollin of Coffee and others:
A RESOLUTION
Opposing a move being made through official channels to require the identifying by tagging of tobacco treated with maleic hydrazide (MH-30).
WHEREAS, the production of tobacco is a major source of liveli hood for thousands of farmers and modern methods of production are a necessity in the competition of our times; and
WHEREAS, the use of chemicals and other modern aids are pri marily the reasons for the high level of the American standard of living; and
WHEREAS, the use of the chemical maleic hydrazide (MH-30) as a growth inhibitor for controlling suckers in tobacco is a necessity if the farmer is to compete under contemporary economic conditions; and
WHEREAS, the tobacco manufacturers and exporters have given no valid scientific and/or medical reasons for outlawing the use of chemical MH-30 in tobacco production; and
WHEREAS, during recent long and costly hearings called by the Secretary of Agriculture Orville L. Freeman, and conducted for the States producing flue-cured and burley tobacco no new evidence was brought out indicating that MH-30 was a causal agent harmful to smokers; and
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971
WHEREAS, despite these public hearings and despite a biased report on MH-30 by a U. S. Department of Agriculture interagency committee, the tobacco companies failed in their efforts to get a 50% discount rate on the 1963 tobacco crop; and
WHEREAS, the latest attempt by the manufacturers and ex porters to force their will on the tobacco growers by influencing through executive decree for identifying purposes the tagging of its tobacco treated with MH-30 and place the farmers completely at the mercy of the buyers; and
WHEREAS, the fine cooperative spirit that has long existed be tween the farmer and buyer has been virtually destroyed by the afore mentioned unscrupulous tactics.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this body condemn the subtle, insidious and secret methods attempted to discriminate against the tobacco farm ers of the flue-cured and burley tobacco areas.
BE IT FURTHER RESOLVED that this body does hereby invoke censure upon all of those responsible for the behind the scenes battle to arbitrarily impose their unjust scheme to achieve economic gain at the expense of the farmer.
BE IT FURTHER RESOLVED that this body does hereby de plore the circumventing of democratic processes in this matter relating to the use of MH-30.
BE IT FURTHER RESOLVED that this body does hereby reconTmend, urge and request that Congressional investigation be conducted immediately into all aspects of this matter.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the U. S. Senators and Representatives, the Governors and Commissioners of Agriculture of the States affected and to all com panies purchasing tobacco in these tobacco belts.
Under the General Order of Business established by the Committee on Rules, the following Bills of the House and Senate were again taken up:
SB 62. By Senators Smalley of the 28th, Pannell of the 54th, Phillips of the 27th and others:
A Bill to be entitled an Act to authorize the Supreme Court of Georgia to establish, as an administrative arm of the Court a unified, selfgoverning bar association to be known as the "State Bar of Georgia"; and for other purposes.
972
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Bolton of Spalding and Busbee of Dougherty move to amend SB 62 by striking from the caption thereof the following words, to-wit:
"to provide that all laws in conflict with such rules and regu lations shall be superseded unless made cumulative of existing laws".
and by substituting in lieu thereof the following:
"to provide for the right of a lawyer involved in any disbar ment proceeding to elect to have any material issue of fact de termined by a jury in the Superior Court of the County of his residence."
The following amendment was read:
Mr. Bolton of Spalding and Busbee of Dougherty moves to amend SB 62 as follows:
and by further amending said Bill by striking Section 3 thereof in its entirety and by substituting in lieu thereof a new Section 3 to read as follows:
"Notwithstanding the foregoing, the Supreme Court shall not grant an application for the establishment of such Unified State Bar nor at any time approve rules therefor, unless such rules shall provide that before a final order or judgment of disbarment is entered, the lawyer involved may elect to have any material issues of fact determined by a jury in the Superior Court of the County of his residence."
The following amendment to Messrs. Bolton of Spalding and Busbee of Dougherty's amendment was read and adopted:
Mr. Cullens of Bartow moves to amend SB 62 as follows:
By adding to the Bolton amendment immediately following the word 'order' in line 4 the following words, to wit: "of any nature". ; and immediately following the word "or" on line 4 by adding the following word, to-wit: "any".
Messrs. Bolton of Spalding and Busbee of Dougherty's amendment was adopted, as amended.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend SB 62 as follows:
By inserting in line 4 of Section 5 after the word "amended* the word "only".
MONDAY, MARCH 4, 1963
973
The following amendment was read:
Mr. Bagby of Paulding moves to amend SB 62 as follows:
By adding in the title thereof after the words "existing laws;" and before the words "to provide the method" the words "to provide that no rules and regulations adopted by the Supreme Court for the organization and government of the Unified State Bar or for any other reason shall be of any force or effect until the next regular session of the General Assembly, at which time the General Assembly shall con firm or reject said rules and regulations; to provide the procedure connected therewith;".
By adding a new Section thereto to be known as Section 5 to read as follows:
"Section 5. No rules and regulations adopted by the Supreme Court as set forth in this Act for the organization and government of the Unified State Bar or for any other reason shall be of any force and effect until the next regular session of the General As sembly, at which time the General Assembly shall confirm or re ject such rules and regulations. In the event said rules and regula tions are confirmed they shall become of force and effect. In the event said rules and regulations are rejected, they shall be null and void and of no force or effect."
By renumbering Section 5 as Section 6 and by renumbering Sec tion 6 as Section 7.
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 Anderson Andrews Arnsdorff Bagby Ballard Barber Bell Blalock of Clayton Bowen of Dawson Brackin Brantley Brown Bynum Caldwell Causby Clark of Catoosa
Conner Cullens Davis Dean of Polk Deen of Bacon Dorminy Echols Fleming Floyd Fowler of Douglas Fowler of Treutlen Funk Hale Harrell Harrington Harris Henderson
Horton Johnson of Warren Jordan of Ployd Kelly Keyton Kirkland Knight of Berrien Lee of Clayton Leonard Lewis Lindsey Lowrey Matthews of Colquitt McDonald Meeks Milhollin Mitchell
974
JOURNAL OF THE HOUSE,
Moate Morgan Murphy Nessmith Newton of Jenkins Perry of Marion Perry of Evans Peterson Ponsell Poss Rainey Roberts
Roper Russell Scarborough Shaw Shuman Simmons Smith of Forsyth Smith of Habersham Snow Story Todd Tucker of Catoosa
Underwood of Montgomery
Warren Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Alien Bedgood Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Toombs Branch Busbee Byrd Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Etheridge Flournoy Flynt Fulford Gibbons Greene Griffin Groover Hall Herndon Hill
House Houston Hull
Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun Keadle Killian King Laite Lambert Lee of Dougherty Lokey Mackay Matthews of Clarke McClelland McGarity McKemie Melton Milford Moore Morgan of Gwinnett Newton of Colquitt Odom Overby Pafford Partridge Payton Phillips
Pickard Poole Pope Reaves Rhodes Richardson Rodgers Sangster Sewell Shea Simpson Sinclair Singer Smith of Telfair Smith of Whitfield Spikes Stalnaker Steis Stuckey Tabb Towson Tucker of Burke Twitty Vaughn Waldrop Walker Ware Watson Watts Wells of Peach Williams of Hall Woodward
Those not voting were Messrs.:
Acree Baughman Brooks of Oglethorpe
Brooks of Fulton Conger Crummey
Jones of Lumpkin Knight of Laurens Lane
Lee of Clinch Logan McCracken Mixon Mullis
MONDAY, MARCH 4, 1963
Paris Parker Raulerson Rowland Rutland
975
Smith of Emanuel Teague Underwood of Taylor Mr. Speaker
On the adoption of the amendment, the ayes were 84, nays 98.
The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ballard Barber Bedgood Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Toomb Branch Brantley Busbee Byrd Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner DeVane Dicus Dixon Duncan of Carroll Etheridge Flournoy Ployd Flynt Fowler of Treutlen
Fulford Gibbons Greene Griffin Groover Hall Haris House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Laite Lambert Lane Lee of Clayton Lee of Dougherty Lewis
Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity McKemie Meeks Melton Milford Mixon Moore Morgan of Gwinnett Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Pay ton Perry of Marion Phillips Pickard Ponsell Poole Pope Rainey Reaves Rhodes
976
JOURNAL OF THE HOUSE,
Richardson Rodgers Russell Sangster Sewell Shea Shuman Simpson. Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham
Smith of Whitfield Spikes Stalnaker Steis Story Stuckey Tabb Towson Tucker of Burke Twitty Underwood of
Montgomery Vaughn
Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Hall Woodward
Those voting in the negative were Messrs.:
Abney Anderson Andrews Arnsdorff Bagby Bell Blalock of Clayton Bowen of Dawson Bynum Caldwell Causby Clark of Catoosa Cullens Davis Dean of Polk Deen of Bacon Dorminy Duncan of Fannin
Echols Fleming Fowler of Douglas Funk Hale Harrell Harrington Henderson Herndon Hill Horton Kirkland Knight of Berrien Leonard McDonald Milhollin Mitchell Moate
Morgan of Newton Murphy Nessmith Partridge Perry of Evans Poss Roberts Roper Scarborough Shaw Simmons Snow Todd Tucker of Catoosa Wilkes Williams of Coffee Wilson of Brantley
Those not voting were Messrs.:
Acree Baughman Brackin Brooks of Oglethorpe Brooks of Fulton Brown Conger Crummey Kelly
Knight of Laurens Lee of Clinch Lindsey Logan McCracken Mullis Parker Peterson Raulerson
Rowland Rutland Smith of Emanuel Teague Underwood of Taylor Wilson of Cobb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 127, nays 53.
The Bill, having received the requisite constitutional majority, was passed, as amended.
MONDAY, MARCH 4, 1963
977
Messrs. Knight of Laurens, Kelly of Jasper and Baughman of Early stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye" on SB 62.
HB 321. By Messrs. Dorminy of Ben Hill, Chandler of Baldwin, Milhollin of Coffee and Mixon of Irwin:
A Bill to be entitled an Act to amend an Act consolidating, superseding and revising the Game and Fish Laws of the State of Georgia, so as to provide that it shall be unlawful for any person to possess any trap or device capable of catching, holding or capturing quail without a per mit from the Commission; and for other purposes.
The following amendments were read and adopted:
Mr. Dean of Polk moves to amend HB 321 as follows:
By adding a new section to be inserted between Sections 1 and 2 to be numbered Section 1 A, to read as follows:
"This Act shall not apply to traps or devices used to capture and transport quail from one section of a duly licensed game pre serve to another if under the guidance or authorization of a rep resentative of the State Game and Fish Commission."
Mr. Milhollin of Coffee moves to amend HB 321 as follows:
By inserting in the title between the word "Commission" and the words "to prohibit" the following: "to provide for exceptions;".
By inserting between the word "person" and the word "to" in Sec tion 80A (1) which is quoted in Section 1 the following: "with excepttion of dealers for resale".
By inserting between the word "manufacture" and the word "any" in the first sentence in section 80A (2) which is quoted in Section 1 the words "for sale".
Mr. Blair of Sumter and Brantley of Candler moves to amend HB 321 as follows:
By striking from said Bill wherever it shall appear the following:
"capable of catching, holding or capturing" and inserting in lieu thereof the following:
"designed or used to catch, hold or capture".
978
JOURNAL OF THE HOUSE,
Messrs. Lindsey of Wilkes and Walker of Lowndes offered amendments which were 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 Alien Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee Bynum Byrd Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Echols Fleming
Floyd Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Hale Harrell Harrington Harris Henderson Horton House Houston Hull Hurst Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke
Matthews of Colquitt McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Pay ton Perry of Marion Perry of Evans Pickard Ponsell Poole Pope Poss Rainey Reaves Roberts Rodgers Russell Sangster Scarborough Sewell Shaw Simmons Simpson Smith of Forsyth Smith of Telfair
MONDAY, MARCH 4, 1963
Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague
Towson Tucker of Burke Twitty Underwood of
Montgomery Waldrop Ware Warren Watson
979
Watts Wells of Peach Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Anderson Hill
Johnson of Elbert Peterson
Shea Walker
Those not voting were Messrs.:
Acree Bagby Branch Brooks of Oglethorpe Brooks of Pulton Caldwell Chandler Conger Crummey Dicus Dixon Duncan of Carroll Etheridge Flournoy Flynt Fulford Griffin Groover
Hall Herndon Isenberg Jordan of Floyd Knight of Berrien Lee of Clinch Lee of Clayton Logan McClelland McCracken McGarity Melton Moate Morgan of Newton Mullis Murphy Phillips Raulerson
Rhodes Richardson Roper Rowland Rutland Shuman Sinclair Singer Smith of Emanuel Smith of Whitfield Todd Tucker of Catoosa Underwood of Taylor Vaughn Wells of Oconee Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 145, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham, Chance of Twiggs and Williams of Coffee:
A Bill to be entitled an Act to amend Chapter 84-4 of the Code of Geor gia, relating to the barbers and hairdressers, so as to abolish the State Board of Barber and Beautician Examiners; and for other purposes.
980
JOURNAL OF THE HOUSE,
The following amendments were read and adopted:
Mr. House of Bibb moves to amend HB 226, as follows:
By striking from Section 2 of said Act the following wording:
"Any barber shop, school or college not now in operation shall be inspected and approved by the Georgia State Board of Barbers prior to opening",
and by inserting in lieu thereof the following wording:
"Any barber shop, school or college not now in operation shall register with the Joint Secretary, State Examining Board prior to opening".
By adding at the end of Section 14 of said Act the following word ing:
"Any person or persons who are legally engaged in the opera tion of a barber shop, school or college at the time of the adoption of this Act, shall upon request to the Board and payment of the requisite fee be automatically entitled to a certificate of registra tion for such shop, school or college if said request and fee is sub mitted within six months of the effective date of this Act. Nothing contained in this Chapter shall be construed so as to prohibit any person or persons from operating a barber shop within their homes or residences provided that they shall comply with the provisions of this Chapter."
Mr. Lowrey of Floyd moves to amend HB 226, as follows:
By striking from Section 4 the following language:
"Any inspector from Section 4 the following language:
"Any inspector shall have power to enter and make reason able examination of any barber or beauty shop, school and college in the State during business hours for the purpose of enforcing the rules and regulations of the Board and for the purpose of ascertaining the sanitary conditions thereof."
and inserting in lieu thereof the following language:
"Any inspector shall have power to enter and make reasonable examination of any barber shop, school and college in the State during business hours for the purpose of enforcing the rules and regulations of the Board and for the purpose of ascertaining the sanitary conditions thereof."
By striking the figures "84-9905" wherever the same appear in Section 16 and inserting in lieu thereof the figures "84-9969".
MONDAY, MARCH 4, 1963
981
By striking the figures "84-9906" wherever the same appear in Section 16 and inserting in lieu thereof the figures "84-9970".
Mr. Grover B. Lee of Clinch moves to amend HB 226, as follows:
By adding at the end of Section 4 a sentence to read as follows:
"It will not be necessary, for any person or persons operating a barber shop in a private home, to post a sign denoting same to be a barber shop unless the person or persons so elects to do so."
Mr. Vaughn of Rockdale moves to amend HB 226 as follows:
By adding in the Title before the words "to repeal conflicting laws", the words "to provide for the issuance of certificates to certain applicants; to make provisions relative to expiration of certificates".
By adding a new Section to be known as Section 9A to read as follows:
"Section 9A. Said Code Chapter is further amended by adding a new Section to be known as Section 84-409.1 to read as follows:
"84-409.1. Any other provisions of this Chapter or of any other law to the contrary notwithstanding, any person who at the time this Section becomes law is performing any of the functions relat ing to the occupation of barber, as provided in Section 84-401, or who has been performing any such functions within the immediately preceding three months shall be entitled to receive a certificate of registration from the Board and shall be granted and given a cer tificate by the Board upon application therefor and the payment of the fee provided. Such applicant shall certify to the Board that he was engaged in the performing of such functions at any time within the three months immediately preceding the effective date of this Section. Such application may be made to the Board at any time within three months from the effective date of this Section and upon receipt of such application and certification by the appli cant and the fee, the Board shall grant such applicant a certificate of registration."
By adding a new Section to be known as Section 12A to read as follows:
"Section 12A. Said Code Chapter is further amended by add ing a new Section to be known as Section 84-412.1 to read as follows:
"84-412.1. Any other provisions of this Chapter or any other law to the contrary notwithstanding, any person who fails to renew his license within the time provided in this Chapter shall never be required to stand an examination in order to obtain a new or re newed certificate of registration."
982
JOURNAL OF THE HOUSE,
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 Arnsdorff Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Busbee Bynum Byrd Caldwell Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon
Dixon Duncan of Pannin Duncan of Carroll Echols Fleming Floyd Funk Gibbons Greene Hall Harrell Harrington Harris Hill Horton
House Hurst Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton King Knight of Laurens Laite Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald McGarity McKemie Meeks Milford
Milhollin Mitchell
Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker
Partridge
Phillips Ponsell Poole Pope Reaves Rodgers Russell Sangster Sewell Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson
Twitty Underwood of
Montgomery
Vaughn Waldrop Walker Ware Watson Watts Wells of Peach Wells of Camden Williams of Coffee Williams of Hall Wilson of Cobb
MONDAY, MARCH 4, 1963
Those voting in the negative were Messrs.:
Alien Anderson Bowen of Toombs Brantley Brown DeVane Henderson Herndon
Houston Johnson of Warren Jones of Liberty Keadle Lindsey Peterson Pickard Rainey
983
Roberts Shaw Simpson Warren White Wilson of Brantley
Those not voting were Messrs.:
Acree Andrews Bagby Bedgood Brackin Branch Brooks of Oglethorpe Brooks of Fulton Causby Chandler Conger Conner Crummey Dicus Dorminy Etheridge Flournoy Flynt Fowler of Douglas Fowler of Treutlen
Fulford Griffin Groover Hale Hull Isenberg Jordan of Calhoun Kelly Killian Kirkland Knight of Berrien Lee of Clinch Logan McClelland McCracken Melton Moate Mullis Murphy Payton
Perry of Marion Perry of Evans Poss Raulerson Rhodes Richardson Roper Rowland Rutland Scarborough Singer Smith of Emanuel Smith of Whitfield Tucker of Catoosa Tucker of Burke Underwood of Taylor Wells of Oconee Wilkes Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 123, nays 22.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Isenberg and Killian of Glynn and Wells of Oconee and Richardson of Chatham stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye" on HB 226.
Under the General Order of business established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for considerar tion and read the third time:
984
JOURNAL OP THE HOUSE,
HB 24. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act creating in each county, city and town an Industrial Development Authority, defining and providing for the exer cise of duties and powers of such Authorities and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act Creating in each county, city and town an Industrial Development Authority; defining and providing for the exer cise of the duties and powers of such Authorities; authorizing such Authorities to acquire, maintain, lease, mortgage, pledge, sell, dispose of and convey real and personal property necessary for industrial proj ects to aid in the development, expansion or promotion of industry, commerce and agriculture, including all necessary or useful land, fur nishings, machinery and equipment; including utility facilities neces sary to the full utilization of the project; providing for the sale and issuance of revenue-anticipation bonds and other obligations and pro viding for the security and payment thereof; providing for the fore closure of mortgages and trust indentures securing the payment of such bonds; providing for the judicial validation of such bonds and the tak ing of appeals therefrom; authorizing the bringing of mandamus pro ceedings; providing for the dissolution of such Authorities; exempt ing bonds issued by such Authorities from regulation applicable to cor porate securities; exempting the property, activities and income of such Authorities from taxes and assessments; exempting the bonds of such Authorities, their transfer and the income therefrom from taxation, and providing for the funds in which such bonds may be invested and for the security of which such bonds may be deposited with public officers and bodies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
This Act may be referred to as the "Industrial Development Au thorities Law."
SECTION 2
The following terms, whenever used and referred to in this Act, shall have the following respective meanings unless a different mean ing clearly appears from the context:
(a) "Authority" shall mean each public corporation created by Section 3 of this Act.
(b) "Municipal corporation" shall mean each city and town in the state.
MONDAY, MARCH 4, 1963
985
(c) "Governing body" shall mean the elected or duly ap pointed officials constituting the governing body of each municipal corporation and county in the state.
(d) The word "project" shall include any one or more build ings or structures to be used in the manufacturing, processing, assembling, storing or handling of any agricultural or manufac tured product or product of mining and industry, or any combina tion of the foregoing, in every case with all necessary or useful land or rights in land and all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facili ties for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, supply of power and electricity, supply of gas, outdoor lighting, storm drainage, sewers and facili ties for the disposal of waste, belt line railroad, railroad sidings, bridges, causeways, terminals for railroad, automotive and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project.
(e) The "cost" of any project acquired hereunder shall em brace the cost of construction, purchase or other form of acquisi tion, the cost of all land, properties, easements, rights and fran chises acquired, financing charges, interest on any obligations is sued accruing thereon prior to and during construction and for one year after the completion of construction, cost of engineering, architectural and legal services, fees paid to fiscal agents for fi nancial and other advice or supervision, cost of plans and specifi cations and other expenses incidental to determining the feasi bility or practicability of the project, administrative expenses and all other expenses incurred and disbursements made properly nec essary and incident to the acquisition of the completed project and properly necessary or incident to the authorization and issuance of any bonds or other obligations issued to pay the cost of the project. There may also be included as part of such cost the repay ment of any loans made for the advance payment of any part of such cost, including interest thereon at not more than 6% per annum, which loans are hereby authorized if made payable solely from bond proceeds or rentals to be derived from leasing the proj ect or any part thereof.
SECTION 3
There is hereby created in and for each county and municipal cor poration in the state a public body corporate and politic to be known as "The ,,_.-____,,_--- ..__._....,,__,, _,,,,_,,,,___,,..___.,,..___... Industrial Development
(Insert name of county or municipality)
Authority" of such county or municipal corporation, which shall consist of a board of seven directors, to be appointed by resolution of the gov-
986
JOURNAL OF THE HOUSE,
erning body of such county or municipal corporation for initial terras of two (2), four (4) and six (6) years and thereafter for staggered terms of six (6) years. At the time of the election of the first board of directors the governing body of the municipality or county shall elect two (2) directors for two (2) years; two (2) directors for four (4) years, and three (3) directors for six (6) years, and thereafter the terms of all directors shall be six (6) years.
If at the end of any term of office of any director a successor, thereto shall not have been elected, then the director whose term of of fice shall have expired shall continue to hold office until his successor shall be so elected. A majority of the directors shall constitute a quorum but no action may be taken by the board without the affirma tive vote of a majority of the full membership of the board. No Au thority shall transact any business or exercise any powers hereunder until the governing body of the county or municipal corporation shall, by proper resolution, declare that there is a need for an Authority to function in such county or, in the case of a municipal corporation, in such municipal corporation and the area adjacent thereto, but not more than fifteen miles from the boundaries thereof and not outside the boundaries of the county in which such municipal corporation is located.
SECTION 4
The directors shall be taxpayers residing in the county or municipal corporation for which the Authority is created, and their successors shall be appointed as provided by the above mentioned resolution. No director shall be an officer or employee of the county or municipal cor poration. The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make by-laws and regulations for its government and may delegate to one or more of its members or its officers, agents and employees such powers and duties as may be deemed necessary and proper. Such Authority shall have perpetual existence as hereinafter provided.
SECTION 5
Each Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing, the power: (a) to sue and be sued; (b) to adopt and amend a corporate seal; (c) to make and execute contracts and other instruments neces sary to exercise the powers of the Authority, any of which contracts may be made with the county in which the Authority is located or may be made with any one or more municipal corporations in such
county, and each such county and all municipal corporations therein are hereby authorized to enter into contracts with such Authority; (d) to receive and administer gifts, grants and devises of any property and to administer trusts; (e) to acquire by purchase, gift or construc tion of any real or personal property desired to be acquired as part of
MONDAY, MARCH 4, 1963
987
any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof; (f) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (g) to mortgage, pledge or assign any revenues, income, tolls, charges or fees received by the Authority; (h) to issue bonds for the purpose of providing funds for carrying out the purpose of the Authority; (i) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties; (k) to construct, acquire, own, repair, remodel, maintain, extend, im prove and equip projects located on land owned or leased by the Au thority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipation bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby authorized to re ceive and accept and use; (1) to issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937) pp. 761-774, as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue-anticipation bonds so authorized, any property, real or personal, of an Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and any such Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which 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 upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia in behalf of the state and each county, municipal corporation, political subdivision and taxing district therein hereby waives any right it or such county, municipal corporation, po litical subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of Authority so mortgaged or encum bered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. For purposes of the afore said judicial validation, the Authority authorizing the bonds shall be regarded as being located in the county for which it is created, or if it is created for a municipal corporation, then in the county in which such municipal corporation is principally located, and the Superior Court of such county shall have jurisdiction and the requisite notices shall be published in such county. If no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom; (m) to do all things necessary to convenient to carry out the powers expressly conferred by this Act.
SECTION 6
No project acquired hereunder shall be operated by an Authority, any municipal corporation, county or other governmental subdivision
988
JOURNAL OF THE HOUSE,
but shall be leased or sold to one or more persons, firms, or private corporations and if revenue-anticipation bonds or other obligations are to be issued to pay all or part of the cost of such project, the project must be so leased or the contract for its sale entered into prior to or simultaneously with the issuance of such bonds or obligations. If sold, the purchase price may be paid at one time or in installments falling due over not more than thirty years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to payrentals or installments in amounts sufficient, together with any reve nues to be derived by the Authority from other property leased or sold, to pay principal of and interest on all of its bonds and other obligations as such principal and interest become due and to pay the necessary administrative expenses of the Authority.
SECTION 7
Obligations of any Authority evidenced by bonds and trust inden tures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority, and the Authority may in such instru ments provide for the pledging of all or any part of its revenues, income or charges and the mortgaging of all or any part of its real or personal property and covenant against pledging any or all of its revenues, in come or charges and may further provide for the disposition of pro ceeds realized from the sale of any bonds and for the replacement of lost, destroyed or mutilated bonds, and necessary provisions as to pay ment and redemption of such bonds. Undertakings of an Authority may likewise prescribe the procedure by which bondholders may enforce rights against the Authority and provide for rights upon breach of any covenant, condition or obligation of the Authority. Trust indentures, mortgages or deeds to secure obligations executed by an Authority shall provide that in the event of default by the Authority in the payment of principal or interest on such obligations or breach of any covenant, a trustee or trustees appointed under the terms of the indenture, mort gage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession, manage, lease, re-lease, sell, convey or take such other steps not inconsistent with law provided by the terms and conditions of such indenture, mortgage or deed to secure debt for the enforcement of any right relating to such obligations as may be deemed necessary or desirable by the Authority.
SECTION 8
By joint resolution of the board of directors and the governing body appointing the board, an Authority created by this Act may be dissolved, provided no such dissolution shall in any way impair the rights of third persons or any contract of the Authority. Disposition to be made of the property of the Authority upon dissolution shall be in the manner pro vided in such joint resolution.
SECTION 9
The purposes of this Act are to develop and promote for the pub lic good and general welfare, industry, agriculture, commerce, natural
MONDAY, MARCH 4, 1963
989
resources and vocational training, the increase of industrial employ ment, and the making of long-range plans for the coordination of such development, promotion and expansion within the jurisdictional area of the Authority and to promote the general welfare of the state. No bonds except refunding bonds shall be issued by an Authority hereunder unless its board of directors shall adopt a resolution finding that the project for which the bonds are to be issued will promote the foregoing objectives and will increase employment in such area.
SECTION 10
No revenue bonds shall be validated hereunder unless prior thereto: (1) A valid and binding lease shall have been formally exe
cuted by a lessee for use of the facility to be constructed by the Authority or a valid and binding contract for the sale of such building or facility shall have been entered into with a purchaser;
(2) There shall have been obtained from the Department of Industry and Trade, or any successor body, a certificate stating that such financing is needed, that the undertaking is economically feasible and that the repayment of the obligation appears probable: Provided, however, any application for such a certificate not acted on by the Department within thirty (30) days after the filing thereof shall be deemed to have been approved.
SECTION 11
The provisions hereof shall be liberally construed to effect the pur poses hereof, and in so far as the provisions of this Act may be in consistent with the provisions of any other law, including the charter of any municipal corporation, this Act shall be controlling. The sale or issuance of bonds by any Authority shall not be subject to regulation under the Georgia Securities Law or any other law. No proceeding or publication not herein required shall be necessary to the performance of any act herein authorized nor shall any such act be subject to referendum.
SECTION 12
No bonds or other obligations of and no indebtedness incurred by any Authority shall constitute an indebtedness or obligation of the State of Georgia or any county or municipal corporation therein nor shall any act of any Authority in any manner constitute or result in the creation of an indebtedness of the state or any such county or municipal corporation. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds and condemnation awards, and no holder or holders of any such bonds or obligations shall ever have the right to compel any exercise of the taxing power of the state or any county or municipal corporation therein nor to enforce the payment thereof against any property of the state or any such county or municipal corporation.
990
JOURNAL OF THE HOUSE,
SECTION 13
Each Authority hereby created is created for non-profit purposes, and it is hereby found, determined and declared that the creation of each such Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the State, that the Au thority is an institution of purely public charity and will be perform ing an essential governmental function in the exercise of the power conferred upon it by this Act and for such reasons, the state covenants with the holders from time to time of the bonds issued hereunder that such Authority shall be required to pay no taxes or assessments im posed by the state or any of its counties, municipal corporations, po litical subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or super vision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of fees, rentals, charges, purchase price, install ments or otherwise, and that the bonds of such Authority, their trans fer and the income therefrom shall at all times be exempt from taxation within the state.
SECTION 14
If any one or more sections, clauses, sentences, or parts of this Act shall for any reason be questioned in any court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of said Act, but shall be confined in its operations to the specific provisions so held invalid, and inapplicability or invalidity of any such section, clause, provision or part shall not be taken to affect or prejudice in any way the re maining part or parts of said Act.
SECTION 15
All acts or parts of acts in conflict herewith are to the extent of such conflict hereby repealed; provided, however, any industrial de velopment or payroll authority heretofore created by legislative act or constitutional amendment shall not be affected hereby but shall be entitled to continue in existence and exercise all powers heretofore or hereafter granted thereto.
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 Alien
Anderson Andrews
Arnsdorff Bagby
MONDAY, MARCH 4, 1963
Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Bynum Byrd Caldwell Carr Causby Chance Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Hale Harris Henderson
Herndon Horton House Houston Hull Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Kirkland Knight of Berrien Lambert Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Partridge Perry of Marion Perry of Evans Peterson Phillips
991
Pickard Ponsell Poole Pope Poss Rainey Rhodes Richardson Roberts Rodgers Russell Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story Stuckey Teague Todd Towson Twitty Waldrop Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Wilson of Brantley
Those not voting were Messrs.:
Acree Bowen of Toomb Branch Brooks of Oglethorpe Brooks of Fulton Brown Chandler
Clark of Catoosa Clarke of Monroe Conger Crummey Cullens Davis Dicus
Dorminy Etheridge Griffin Groover Hall Harrell Harrington
992
JOURNAL OP THE HOUSE,
Hill Hurst Isenberg Jones of Liberty Jordan of Calhoun Killian
King Knight of Laurens Laite Lane Lee of Clinch Leonard Logan Lowrey McClelland McCracken
McDonald McGarity Melton Moate Mullis Murphy
Overby Pafford Parker Payton Raulerson Reaves Roper Rowland Rutland Scarborough
Smith of Emanuel Stalnaker Tabb Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Walker Watson Wilkes Williams of Hall Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 28-47. By Messrs. Walker and Gibbons of Lowndes:
A Resolution compensating Wainer Construction 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock of Clayton
Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee Byrd Carr Chance Chandler
Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon Dorminy Duncan of Fannin Echols Fleming Fowler of Douglas
MONDAY, MARCH 4, 1963
Fowler of Treutlen Fulford Funk Gibbons Greene Hale Harrington Harris Henderson Horton House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Dougherty
Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke McKemie Meeks Milford Milhollin Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Odom Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Pickard Poole Pope Poss Reaves Rhodes
993
Richardson Russell Sangster Sewell Shaw Shea Simp son Singer Smith of Forsyth Smith of Telfair Stalnaker Steis Stuckey Teague Todd Towson Tucker of Burke Underwood of Taylor Walker Warren Watson Watts Wells of Peach Wells of Camden White Williams of Coffee Wilson of Brantley Woodward
Voting in the negative was Mr. Keyton.
Those not voting were Messrs.:
Acree Bagby Bell Blalock Branch Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Causby Conger Conner Crummey Cullens DeVane Dicus Dixon Duncan of Carroll
Etheridge Flournoy Floyd Flynt Griffin Groover Hall Harrell Herndon Hill Isenberg Jones of Liberty Jones of Lumpkin Knight of Berrien Lee of Clinch Lee of Clayton Logan Lowrey
Matthews of Colquitt McClelland McCracken McDonald McGarity Melton Mitchell Moate Morgan of Gwinnett Mullis Murphy Newton of Colquitt Overby Phillips Ponsell Rainey Raulerson Roberts
994
JOURNAL OF THE HOUSE,
Rodgers Roper Rowland Rutland Scarborough Shuman Simmons Sinclair Smith of Emanuel
Smith of Habersham Smith of Whitfield Snow Spikes Story Tabb Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Ware Wells of Oconee Wilkes Williams of Hall Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, the ayes were 124, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 37-77. By Mr. Williams of Hall: A Resolution to compensate Mr. Tex 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood
Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee
Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis
Dean of Polk Been of Bacon Dorminy Duncan of Pannin Echols Fleming Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons
Greene Hale Harrington Harris Henderson Horton House Houston Hull
Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian King
MONDAY, MARCH 4, 1963
Kirkland Knight of Laurens Laite Lambert Lane Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke McKemie Meeks Milford Milhollin Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Odom
Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Pickard Poole Pope Poss Reaves Rhodes Richardson Russell Sangster Sewell Shaw Shea Simpson Singer
995
Smith of Forsyth Smith of Telfair Stalnaker Steis Stuckey Teague Todd Towson Tucker of Burke Underwood of Taylor Walker Warren Watson Watts Wells of Peach Wells of Camden White Williams of Coffee Wilson of Brantley Woodward
Voting in the negative was Mr. Keyton.
Those not voting were Messrs.:
Acree Bagby Bell Blalock of Coweta Branch Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Causby Conger Conner Crummey Cullens DeVane Dicus Dixon Duncan of Carroll Etheridge Flournoy Floyd Flynt Griffin Groover Hall Harrell Hern don
Hill Isenberg Jones of Liberty Jones of Lumpkin Knight of Berrien Lee of Clinch Lee of Clayton Logan Lowrey Matthews of Colquitt McClelland McCracken McDonald McGarity Melton Mitchell Moate Morgan of Gwinnett Mullis Murphy Newton of Colquitt Overby Phillips Ponsell Rainey Raulerson Roberts
Rodgers Roper Rowland Rutland Scarborough Shuman Simmons Sinclair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Story Tabb Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Ware Wells of Oconee Williams of Hall Wilson of Cobb Mr. Speaker
996
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 124, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 105-254. By Mr. Laite of Bibb: A Resolution to compensate Emory E. Griffin; 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 Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Been of Bacon
Dorminy Duncan of Fannin Echols Fleming Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Hale Harrington Harris Henderson Horton House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun
Keadle Kelly Killian King Kirkland Knight of Laurens
Laite Lambert Lane Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke McKemie Meeks Milford Milhollin Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Odom Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Pickard Poole Pope
Poss Reaves Rhodes Richardson Russell Sangster Sewell Shaw Shea Simpson Singer
MONDAY, MARCH 4, 1963
Smith of Forsyth Smith of Telfair Stalnaker Steis Stuckey Teague Todd Towson Tucker of Burke Underwood of Taylor Walker
997
Warren Watson Watts Wells of Peach Wells of Camden White Williams of Coffee Wilson of Brantley Woodward
Voting in the negative was Mr. Keyton.
Those not voting were Messrs.:
Acree Bagby Bell Blalock of Coweta Branch Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Causby Conger Conner Crummey Cullens Devane Dicus Dixon Duncan of Carroll Etheridge Flournoy Floyd Flynt Griffin Groover Hall Harrell Herndon
Hill Isenberg Jones of Liberty Jones of Lumpkin Knight of Berrien Lee of Clinch Lee of Clayton Logan Lowrey Matthews of Colquitt McClelland McCracken McDonald McGarity Melton Mitchell Moate Moore Morgan of Gwinnett Mullis Murphy Newton of Colquitt Overby Phillips Ponsell Rainey Raulerson
Roberts Rodgers Roper Rowland Rutland Scarborough Shuman Simmons Sinclair Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Spikes Story Tabb Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Ware Wells of Oconee Wilkes Williams of Hall Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, the ayes were 124, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
998
JOURNAL OF THE HOUSE,
HR 107-254. By Mr. Rainey of Crisp:
A Resolution to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the U. S.; 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 Alien Anderson Andrews Arnsdorff
Ballard Barber Baughman
Bedgood Black Blair Blalock of Clayton
Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis Been of Polk Deen of Bacon Dorminy Duncan of Fannin Echols Fleming Fowler of Douglas Fowler of Treutlen Fulford
Funk Gibbons Greene Hale Harrington Harris Henderson Horton House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian King Kirkland Knight of Laurens Laite Lambert Lane Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke McKemie Meeks Milford Milhollin
Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Odom Pafford Paris Parker Partridge Pay ton Perry of Marion Perry of Evans Peterson Pickard Poole Pope Poss Reaves Rhodes Richardson Russell Sangster Sewell Shaw Shea Simpson Singer Smith of Forsyth Smith of Telfair Stalnaker Steis Stuckey Teague Todd Towson Tucker of Burke Underwood of Taylor
Walker Warren Watson Watts
MONDAY, MARCH 4, 1963
Wells of Peach Wells of Camden White Williams of Coffee
999
Wilson of Brantley Woodward
Those not voting were Messrs.:
Those not voting were Messrs.:
Acree
Bagby Bell Blalock of Coweta Branch Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Causby Conger Conner Crummey Cullens DeVane
Dicus Dixon Duncan of Carroll Etheridge Flournoy
Floyd Flynt Griffin Groover Hall Harrell Herndon
Hill Isenberg Jones of Liberty Jones of Lumpkin Knight of Berrien Lee of Clinch Lee of Clayton Logan Lowrey Matthews of Colquitt McClelland McCracken McDonald McGarity Melton Mitchell Moate Morgan of Gwinnett Mullis Murphy Newton of Colquitt Overby Phillips Ponsell Rainey Raulerson Roberts
Rodgers Roper Rowland Rutland Scarborough Shuman Simmons Sinclair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Story Tabb Tucker of Catoosa Twitty Underwood of
Montgomery Waldrop Ware Wells of Oconee Wilkes Williams of Hall Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, the ayes were 124, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 137-355. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty, and Andrews of Stephens:
A Resolution creating the "Constitution Revision Commission"; and for other purposes.
1000
JOURNAL OF THE HOUSE,
The following Committee amendment was read and adopted:
The State of the Republic Committee moves to amend HR 137-355 as follows:
By striking from said Resolution the words "twenty-seven" wherever they appear, and inserting in lieu thereof the words "twenty-eight".
By inserting after the words "one Superior Court Judge", the words "one Solicitor-General."
The following amendments were read and adopted:
Mr. Wilkes of Cook and Groover of Bibb moves to amend HR 137-355 as follows:
By adding at the end of the next to last paragraph the following:
"no expenditure will be made in any one fiscal year in excess of $75,000.00 or pro-rata for less than a fiscal year."
Mr. Ware of Troup County moves to amend HR 137-355 by adding a paragraph at the end of said Resolution which will read as follows:
"The findings and recommendations and any report of the proceedings of the Commission shall be filed with each House of the General Assembly and a copy furnished to each Member of the General Assembly. Any proposed revision, or any amendment to the existing Constitution, shall only be proposed and submitted to the people after having been agreed to by two-thirds of the mem bers elected to each of the two Houses of the General Assembly."
Mr. Scarborough of Crawford moves to amend HR 137-355 as follows:
By adding after the word Speaker on line 9 of page 2 the follow ing: provided, however, one of the members so appointed shall be a Representative from a county having a population of less than 10,000.
Mr. Odom of Dougherty offered an amendment which was lost.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
MONDAY, MARCH 4, 1963
Those voting in the affirmative were Messrs.:
Alien Anderson Arnsdorff Baghy Barber Baughman Bedgood Bell Blalock of Coweta Bolton Bowen of Randolph Bowen of Toombs Brackin Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Deen of Bacon Dicus Dorminy Duncan of Fannin Echols Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Groover Hale Harrell Harrington Harris Henderson
Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Dougherty Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Newton of Jenkins Newton of Colquitt Odom Overby Pafford Parker
1001
Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Poole Pope Rainey Reaves Richardson Rodgers Russell Sangster Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson Twitty Underwood of
Montgomery Vaughn Waldrop Ware Warren Watson Watts Wells of Peach White Wilkes Williams of Coffee Williams of Hall
Those voting in the negative were Messrs.:
Abney Black Bowen of Dawson Clark of Catoosa
Cullens Dixon Johnson of Warren Lindsey
Nessmith Paris Ponsell Poss
1002
Roberts Roper
JOURNAL OF THE HOUSE,
Smith of Habersham Tucker of Catoosa
Wells of Camden Wilson of Brantley
Those not voting were Messrs.:
Acree Andrews Ballard Blair Blalock of Clayton Branch Brooks of Oglethorpe Brooks of Fulton Causby Chandler Conger Crummey DeVane Duncan of Carroll Etheridge Flournoy Fulford
Griffin Hall Jordan of Ployd Keadle Laite Lane Lee of Clinch Lee of Clayton Leonard Logan McClelland McCracken Melton Morgan of Newton Mullis Murphy Pickard
Raulerson Rhodes Rowland Rutland Shaw Singer Smith of Emanuel Smith of Whitfield Todd Tucker of Burke Underwood of Taylor Walker Wells of Oconee Wilson of Cobb Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 137, nays 18.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
Mr. Blair of Sumter stated that he was called from the Hall of the House to confer with several constituents at the time the roll was called but had be been present he would have voted "Aye" on HR 137-355.
HB 225. By Messrs. Stuckey of Dodge, Lowrey of Floyd, Arnsdorff of Effingham and Williams of Coffee: A Bill to be entitled an Act to regulate the occupation of cosmetology, so as to define "Cosmetology" and for other purposes.
The following amendments were read and adopted:
Mr. Wilkes of Cook moves to amend HB 225 as follows:
By striking paragraph 5 of Section 5 in its entirety and inserting in lieu thereof the following:
"All fees collected under this act shall be remitted to the State Treasurer and all salaries and expenses of inspectors and other
MONDAY, MARCH 4, 1963
1003
expenses of said board shall be paid from monies appropriated to the Joint Secretary but shall not exceed the amount of fees col lected hereunder."
By striking from Section 7 the words "and each year at least such amount shall be appropriated to the Secretary of the State of Georgia, for the purpose of carrying out the provisions of this Act," and by strik ing the last sentence of Section 7 in its entirety.
Isenberg of Glynn moves to amend HB 225, as follows:
By striking from Section 3 of said Act the following wording: "Any beauty shop, beauty salon, school or college not now in operation shall be inspected and approved by the Georgia State Board of Cosme tology prior to opening", and by inserting in lieu thereof the following wording: "Any beauty shop, salon, school or college not now in opera tion shall register with the Joint Secretary, State Examining Board prior to opening."
By adding at the end of Section 15 of said Act the following wording:
"Any person or persons who are engaged in working as a beauty operator or in the operation of a beauty shop, salon, school, college or school of cosmetology at the time of the adoption of this Act, shall upon request to the Board and payment of the requisite fee be automatically entitled to a certificate of registra tion for such shop, salon, school, college or school of cosmetology if said request and fee is submitted within six months of the effec tive date of this Act."
Mr. Grover B. Lee of Clinch moves to amend HB 225, as follows:
By adding at the end of Section 5 a sentence to read as follows:
"It will not be necessary, for any person or persons operating a beauty shop in a private home, to post a sign denoting same to be a beauty shop unless the person or persons so elects to do so." Mr. House of Bibb moves to amend HB 225 as follows:
By adding thereto a new section to be appropriately numbered which shall read as follows:
"Nothing contained herein nor any rule or regulation adopted in implementation hereof shall be construed to prohibit any per son or persons from operating a beauty shop within their homes or residences."
Mr. Vaughn of Rockdale 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.
1004
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.:
Abney Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Black Blair Blalock of Coweta Bolton Bowen of Randolph Brown Busbee Bynum Byrd Carr Chance Clark of Catoosa Coker of Cherokee Coker of Turner Dean of Polk Been of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Fowler of Douglas Funk Gibbons Greene Groover Hale Hall Harrington Harris Henderson Hill House Hull
Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Knight of Laurens Knight of Berrien Laite Lane Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Colquitt McDonald McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Lamar Perry of Evans
Peterson Phillips Ponsell Poole Pope Reaves Rhodes Richardson Rodgers Russell Sewell Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Stuckey Tabb Teague Todd Tucker of Catoosa Twitty Underwood of
Montgomery Waldrop Walker Ware Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Bell Herndon Houston Jones of Liberty
Leonard Poss Simpson Warren
White Wilson of Brantley
MONDAY, MARCH 4, 1963
Those not voting were Messrs.:
Acree Alien Bedgood Blalock of Clayton Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Causby Chandler Clarke of Monroe Conger Conner Crutnmey Cullens Davis DeVane Dicus
Etherldge Floyd Flynt Fowler of Treutlen Fulford Griffin Harrell Horton Jordan of Calhoun Kirkland Lambert Lee of Clinch Lee of Clayton Logan Lokey Matthews of Clarke McClelland McCracken Melton Mullis Murphy Pafford
1005
Parker Payton Pickard Rainey Raulerson Roberts Roper Rowland Rutland Sangster Scarborough Shaw Singer Smith of Emanuel Story Towson Tucker of Burke Underwood of Taylor Vaughn Watson Williams of Hall Mr. Speaker
On the passage of the Bill, as amended, the ayes were 129, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 175. By Mr. Fowler of Douglas: A Bill to be entitled an Act to amend Code Chapter 84-7, relating to the regulation, licensing and practice of dentists and dental hygienists, so as to provide for additional qualifications for applicants; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Hygiene and Sanitation moves to amend HB 175, as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. Code Chapter 84-7, relating to the regulation, licensing and practice of dentists and dental hygienists, as amended, is hereby amended by striking from Code Section 84-709 the sentence, "All applications to the Board of Dental Examiners of Georgia shall be made through the Joint-Secretary, State Examining
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Boards, who shall then send all applications to the secretary of the Dental Board of Examiners for review and approval.", and inserting in lieu thereof the sentence, "All applications to the Board of Dental Examiners of Georgia shall be made through the JointSecretary, State Examining Boards, who shall then submit all such applications to the Board of Dental Examiners for review and approval.", and by adding at the end of Code Section 84-709 the following: "Notwithstanding any other provision, no person, shall be allowed to take the examination unless such applicant is a citizen of the United States.", so that when so amended Code Section 84-709 shall read as follows:
"84-709. Eligibility of applicants for licenses to practice den tistry; moral character; education; grade required.--Applicants to practice dentistry who furnish satisfactory evidence of good moral character, of having been graduated from a school of dentistry, whose term and curriculum is equal to that of a majority of the schools of dentistry in the United States, and who shall have re ceived a general average of at least 75 per cent on the board exami nations shall be granted licenses to practice dentistry.
"All applications to the Board of Dental Examiners of Georgia shall be made through the Joint Secretary, State Examining Boards, who shall then submit all such applications to the Board of Dental Examiners for review and approval. These applications shall be received by the Joint-Secretary not later than 90 days before the date set for the next session of the Board of Dental Examiners if the applications are from dentists who have been graduated from chartered dental colleges for more than one year, and not later than 30 days before the date set for the next Board examina tion if the applications are from students or graduates of less than one year. Notwithstanding any other provision, no person shall be allowed to take the examination unless such applicant is a citizen of the United States."
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 Alien Anderson Andrews Arnsdorff Bagby Barber
Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton
Bolton Bowen of Randolph Brantley Brown Busbee Bynum Byrd
MONDAY, MARCH 4, 1963
Caldwell Carr Chance Clarke of Monroe Coker of Turner Conner Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas Funk Gibbons Greene Hale Harrell Harris Henderson Herndon Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton
Killian Kirkland Knight of Berrien Laite Lambert Lee of Dougherty Lewis Lindsey Lokey Mackay Matthews of Clarke McClelland McKemie Milhollin Mitchell Mixon Moore Morgan of Gwinnett Nessmith Newton of Jenkins Newton of Colquitt Odoni Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Eainey Reaves Rhodes Richardson Roberts
1007
Rodgers Russell Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story Stuckey Todd Tucker of Burke Twitty Underwood of
Montgomery Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Ballard Bowen of Dawson Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Fulton Causby Chandler Clark of Catoosa Coker of Cherokee
Conger Crummey Cullens Da vis Dicus Dixon Duncan of Carroll Floyd Fowler of Treutlen Fulford Griffin Groover
Hall Harrington Hill Hurst Jones of Liberty Jordan of Calhoun King Knight of Laurens Lane Lee of Clinch Lee of Clayton Leonard
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JOURNAL OF THE HOUSE,
Logan Lowrey Matthews of Colquitt McCracken McDonald McGarity Meeks Melton Milford Moate Morgan of Newton
Mullis Murphy Overby Payton Phillips Raulerson Roper Rowland Rutland Scarborough Singer
Smith of Emanuel Stalnaker Tabb Teague Towson Tucker of Catoosa Underwood of Taylor Waldrop White Wilson of Brantley Mr. Speaker
On the passage of the Bill, as amended, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 176. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to dental hygienists so as to provide that fees paid to the Board of Dental Examiners shall not be refundable; 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 repeal in its entirety, Section 84-1009 of the Code of Georgia of 1933, which section sets out the qualifications of dental nurses and dental hygienists, provides for examinations of applicants, provides for the issuing of certificates, and describes the type dental work such persons shall be authorized to do; to provide for the licensing of dental hygienists; to provide for examination of applicants for such licensing; to provide for the qualification of applicants; to set out the work which said dental hygienists may perform; to provide for annual re-registration fee; to provide that any person who engages in the practice of dental hygiene without a license shall be guilty of a misdemeanor; to provide for the exception of certain persons to the provisions of this Act; and for other purposes.", approved February 25, 1949 (Ga. Laws 1949, p. 1192), as amended, particularly by an Act approved February 19, 1958 (Ga. Laws 1958, p. 30), and an Act approved February 20, 1958 (Ga. Laws 1958, p. 53), so as to provide that fees required by the Board of Dental Examiners shall not be refundable; to change the date and fee requirements for registration by dental hygienists; to provide for the suspension of dental hygienist licenses who do not register; to provide for the procedures connected with reinstating such licenses; to repeal conflicting laws; and for other purposes.
MONDAY, MARCH 4, 1963
1009
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
An Act entitled "An Act to repeal in its entirety, Section 84-1001 of the Code of Georgia of 1933, which section sets out the qualifications of dental nurses and dental hygienists, provides for examinations of applicants, provides for the issuing of certificates, and describes the type dental work such person shall be authorized to do; to provide for the licensing of dental hygienists; to provide for examination of appli cants for such licensing; to provide for the qualifications of applicants; to set out the work which said dental hygienists may perform; to pro vide for annual re-registration fee; to provide that any person who engages in the practice of dental hygiene without a license shall be guilty of a misdemeanor; to provide for the exception of certain persons to the provisions of this Act; and for other purposes.", approved Febru ary 25, 1949 (Ga. Laws 1949, p. 1192), as amended, particularly by an Act approved February 19, 1958 (Ga. Laws 1958, p. 30), and an Act approved February 20, 1958 (Ga. Laws 1958, p. 53), is hereby amended by adding the following at the end of the second sentence of Section 2:, "and shall not be refundable", so that when so amended Section 2 shall read as follows:
"Section 2. That no person shall practice as a dental hygienist in the State of Georgia until such person has passed a written and clinical examination conducted by the Board of Dental Examiners of Georgia. The fee for such examination shall be $25, which fee shall be paid to the Joint-Secretary, State Examining Boards, and shall not be refundable. The said Board of Dental Examiners shall issue licenses and license certificates as dental hygienists to those persons who have passed said examination in a manner satisfactory to the said board, which license certificate shall be posted and dis played in the place in which said hygienist is employed."
SECTION 2
Said Act is further amended by striking in its entirety Section 5, relating to annual registration of dental hygienists and fees therefor, and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. That it shall be the duty of all licensed dental hygienists to re-register annually with the Joint-Secretary, State Examining Boards, not later than the first day of October of each year and to pay to said Joint-Secretary an annual registration fee of $3. The license of any person failing to comply with the pro visions of this Section shall be suspended, but may be reinstated any time up to and through the 31st day of December by paying the Joint-Secretary the sum of $10. Provided, however, that for a period of 12 months after failure to register, a license may be re-instated by payment of a registration fee of $25.00 and the filing of a special application therefor. After this period of 12 months has elapsed a license may be revoked for failure to register and payment of the fee as provided by law. Any license revoked under the terms of this section may be reinstated only upon an applicant's
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taking the examination as required by Code Section 84-726 and paying the fees prescribed by law therefor."
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.:
Abney Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Busbee Bynum Byrd Caldwell Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Etheridge
Fleming Flournoy Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Groover Harrell Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey
Lokey Mackay
Matthews of Clarke McClelland McGarity
McKemie Milford
Milhollin Mitchell Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Odom Overby Paris
Parker Partridge Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole Pope Poss
Rainey Reaves Rhodes Richardson Roberts
Rodgers Russell
MONDAY, MARCH 4, 1963
Sangster Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Telfair Smith of Habersham
Smith of Whitfield Snow Steis Story Stuckey Teague Todd Twitty Warren Watson
1011
Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Ballard Black Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Causby Chandler Clark of Catoosa Conger Crummey Cullens Da vis Dicus Duncan of Carroll Floyd Flynt Fulford Griffin Hale Hall
Harrington Hurst Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Calhoun King Knight of Laurens Lambert Lee of Clinch Leonard Logan Lowrey Matthews of Colquitt McCracken McDonald Meeks Melton Moate Morgan of Gwinnett Mullis Murphy Newton of Colquitt Pafford Payton
Phillips Raulerson Roper Rowland Rutland Scarborough Singer Smith of Forsyth Smith of Emanuel Spikes Stalnaker Tabb Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware White Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 35-77. By Mr. Kirkland of Tattnall:
A Resolution compensating Honorable Henry C. Kennedy; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Toombs Brackin Busbee Bynum Byrd Caldwell Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Fowler of Douglas Fowler of Treutlen Funk Greene Groover Harrell Harris
Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Keadle Kelly Keyton Killian Kirkland Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity McKemie Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Nessmith Odom Overby Pafford Paris Parker
Partridge Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Russell Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Steis Story Stuckey Teague Todd Warren Watson Watts Wells of Oconee Wells of Camden White Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Ballard Bowen of Randolph
Bowen of Dawson Branch Brantley
Brooks of Oglethorpe Brooks of Fulton Brown
MONDAY, MARCH 4, 1963
Causby Chandler Clark of Catoosa Conger Crummey Cullens Davis DeVane Dicus Duncan of Carroll
Floyd Plynt Fulford Gibbons Griffin Hale Hall Harrington Hurst Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Floyd
Jordan of Calhoun King Knight of Berrien
Lambert Lee of Clinch Logan Lowrey McCracken McDonald Meeks Melton Moate Morgan of Newton Mullis Murphy Newton of Jenkins Newton of Colquitt Payton Phillips
Raulerson Rodgers
Roper Rowland
1013
Rutland Sangster Scarborough Singer Smith of Emanuel Spikes Stalnaker Tabb Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Wells of Peach Williams of Coffee Mr. Speaker
On the adoption of the Resolution, the ayes were 129, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Bagby of Paulding moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The Speaker Pro-Tern announced the House adjourned until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, March 5, 1963
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 Reverend Harold B. Withers, Pastor, First Baptist Church, Fort Valley, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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, Tuesday, March 5, 1963 and submits the following:
HB
5. Department for Children and Youth
HB
39. Superior Court, misdemeanor cases
TUESDAY, MARCH 5, 1963
1015
HB 29- 47. Compensate Christine King
HB
52. Board of Engineers & Surveyors, per diem (reconsidered)
HB 105. Persons able to contract marriage
HB 107. Ordinary's office, closing
HB 121. Motor common carriers, redefine "for hire"
HB 122. Motor carriers, redefine "for hire"
HB 139. Credit for prior service, clarify
HB 162. Health Code
HB 163. State institutions, cost of care
HB 177. Grants for municipalities
HB 184. Employees' Retirement, re-establish membership
HB 199. Communist Made Products, signs displayed
HB 205. Notes of indebtedness, counties (reconsidered)
HB 209. Insurance Code, amend
HB 210. Use of Georgia Forest Products only (reconsidered)
HB 248. Recreation systems, cities, counties'
HR 109-267. Transfer property, Fulton County
HB 302. Small Claims Court, certain counties
HB 313. Grants to county, State owned land
HB 314. Small Claims Court, qualifications of Judge
HB 327. Georgia Factory for the Blind, State holidays
HB 331. Malt beverages, possession
HB 348. Sheriffs' Retirement Fund
HB 365. Weights and Measures standards (postponed)
HB 395. Owners of motor vehicles, security
HB 426. Civil Defense, organize each county
HR 150-426. State, local government, cases of emergency
HR 158-429. Public Health, uncollectible accounts
HB 473. Agricultural products, define
SB
25. Holding public sales, time
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham, Secretary
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JOURNAL OP THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 519. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act to incorporate the City of Sale City, in the County of Mitchell; and for other purposes.
Referred to the Committee on Local Affairs.
HB 520. By Mr. Dixon of Ware:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Ware County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 521. By Mr. Jones of Lumpkin:
A Bill to be enttiled an Act to amend an Act consolidating the Office of Tax Receiver and Tax Collector of Lumpkin County into one office of Tax Commissioner; and for other purposes. .
Referred to the Committee on Local Affairs.
HB 522. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for the eligibility of members of the County Board of Education of Lumpkin County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 523. By Messrs. Williams of Hall, Story of Gwinnett, Bowen of Dawson, Smith of Forsyth, Overby of Hall, Morgan of Gwinnett and Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act creating the Lake Lanier Islands Development Authority; and for other purposes.
Referred to the Committee on State of Republic.
HB 524. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act incorporating the Town of Menlo, so as to change the name to the City of Menlo; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, MARCH 5, 1963
1017
HB 525. By Messrs. Pafford of Lanier, Gibbons of Lowndes, Wilkes of Cook, Walker of Lowndes and Knight of Berrien.
A Bill to be entitled an Act to amend an Act relating to State Senatorial Districts, so as to provide for a change in the composition of two districts; and for other purposes.
Referred to the Committee on Rules.
HB 526. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating a Board of Utilities Commissioners for Catoosa County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 527. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Melton of Spalding:
A Bill to be entitled an Act to amend an Act entitled "An Act to codify the school laws of the State of Georgia, so as to provide that the Board of Education of any county school district shall have the power to equip facilities for education beyond the 12th grade; and for other purposes.
Referred to the Committee on Education.
HB 528. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend an Act relating to the filing of corporation income tax returns, so as to repeal the provisions relative to the filing of a single income tax return by two or more corporations; and for other purposes.
Referred to the Committee on Ways and Means.
HR 183-528. By Mr. Fowler of Treutlen: A Resolution to compensate Evie Jean Hooks; and for other purposes.
Referred to the Committee on Appropriations.
HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said charter from $100.00 to $300.00; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 530. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of two Deputy State Revenue Commissioners; to provide for the offices of Deputy State Revenue Commissioner; and for other purposes.
Referred to the Committee on Ways and Means.
HB 531. By Mr. Tucker of Burke:
A Bill to be entitled an Act to amend 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 532. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend an Act incorporating the Town of Shellman in Randolph County, so as to change the millage rate limit upon all property subject to levy by the Mayor and City Councilmen; and for other purposes.
Referred to the Committee on Local Affairs.
HB 533. By Messrs. Teague, Flournoy and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act relating to the investment of certain proceeds by counties in certain securities, so as to provide additional securities for the investment by counties; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 534. By Messrs. Pickard, Dicus and Jones of Muscogee: A Bill to be entitled an Act to authorize the City of Columbus and Muscogee County to appropriate and pay into the Health Fund of the County Board of Health all or any part of said budget as to the Com mission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County is deemed meet and proper; and for other purposes.
Referred to the Committee on Local Affairs.
HB 535. By Messrs. Towson of Laurens, Lambert of Morgan, McClelland of Fulton, White of Mclntosh, Richardson of Chatham and others:
A Bill to be entitled an Act to amend an Act relating to Situs of Debt Due by Garnishee for the purpose of attachment to provide that the proceeds of insurance policies are not subject to garnishment unless the property insured is located in this State or the insured is a resident of this State; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, MARCH 5, 1963
1019
HR 184-535. By Mr. Underwood of Montgomery:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Roads and Revenues or other governing authorities in all counties shall have the right to assess license fees from all persons; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 185-535. By Messrs. Shea, Funk and Richardson of Chatham:
A Resolution creating the Foward Georgia Commission; and for other purposes.
Referred to the Committee on State of Republic.
HR 186-535. By Messrs. Mackay and Harris of DeKalb: A Resolution to compensate Robert L. Norquist; and for other purposes.
Referred to the Committee on Appropriations.
HB 536. By Mr. Parker of Screven:
A Bill to be entitled an Act to amend an Act incorporating and granting a new charter to the City of Sylvania; and for other purposes.
Referred to the Committee on Local Affairs.
HB 537. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act providing for the appoint ment and salary of a Judge and Solicitor for the City Court of Hall County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 538. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend the charter of the Town of Clermont; and for other purposes.
Referred to the Committee on Local Affairs.
HB 539. By Mr. White of Mclntosh.
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Ordinary of Mclntosh County; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 540. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Stewart; and for other purposes.
Referred to the Committee on Local Affairs.
HB 541. By Messrs. Singer of Stewart, Black of Webster and Fulford of Terrell: A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law"; to provide for a refund of tax paid on gasoline when used solely for chain saws, pulpwood saws or any other type saw used in cutting timber; and for other purposes.
Referred to the Committee on Ways and Means.
HB 542. By Mr. Mackay of DeKalb: A Bill to be entitled an Act to define the legal status and non-liability of a fiduciary, (whether an executor, administrator, guardian or trustee) when obeying the exercise of fiduiciary powers in and by another co-fiduiciary, committee or person or persons to direct invest ments; and for other purposes.
Referred to the Committee on Judiciary.
HR 187-542. By Mr. Lowrey of Floyd: A Resolution transferring certain State property located in Floyd County to the trustees of the cemetery of the Oostanoula (or Popes) Church; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 543. By Mr. Stuckey of Dodge: A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk of the Tax Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 544. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in Dodge County, so as to change the allowable compensation of the Clerk of the Commissioner of Roads and Revenues; and for other purposes.
Referred to the Committee on Local Affairs.
TUESDAY, MARCH 5, 1963
1021
HB 545. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dodge County on salary basis, so as to change the allowable compen sation of the Clerk to the Ordinary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 546. By Mr. Stuckey of Dodge:
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 Dodge, the Sheriff and the Clerk of Superior Court, so as to change the total compensation to be paid an Additional Deputy Sheriff, the Deputy Clerk and to assistant or assistants in the office of the Clerk; and for other purposes.
Referred to the Committee on Local Affairs.
HB 547. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to amend an Act effectuating a complete revision of the laws of this State relating to the qualifications and registration of voters, so as to provide a definition for the term "resident"; and for other purposes.
Referred to the Committee on State of Republic.
HB 548. By Messrs. Lee and Odom of Dougherty:
A Bill to be entitled an Act to define collection agencies for the protec tion of the public; to provide for the filing of a bond by collection agencies; to exempt the provisions of this Act from application to certain persons, firms and corporations; and for other purposes.
Referred to the Committee on State of Republic.
HB 549. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the Judges, Solicitor, Clerk and Marshal; and for other purposes.
Referred to the Committee on Local Affairs.
HB 550. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to provide for a charter for the City of North Atlanta, in the County of DeKalb; and for other purposes.
Referred to the Committee on Local Affairs.
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JOURNAL OF THE HOUSE,
HB 551. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to create the Carrollton Payroll Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 552. By Messrs. Waldrop and Duncan of Carroll: A Bill to be entitled an Act to create the Mt. Zion, Turkey Creek and Flint Corner Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 553. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to provide and define wards; and for other purposes.
Referred to the Committee on Local Affairs.
HB 554. By Messrs. Wilson, Teague and Flournoy of Cobb:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, pertaining to the Marietta Board of Education, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 555. By Messrs. Andrews of Stephens, Bynum of Rabun, Groover of Bibb, Clark of Catoosa, Tucker of Catoosa, Story of Gwinnett, Lane of Bulloch, and others:
A Bill to be entitled an Act to authorize special agents and enforcement officers of the Revenue Department, in the enforcement of the liquor wine and beer laws of this State, to bear arms, make arrests, execute warrants for arrest, investigate and execute search warrants, and seize and hold articles of contraband; and for other purposes.
Referred to the Committee on State of Republic.
HB 556. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing that the fees of an auditor shall be taxed by the Judge and providing the amount of said fees, so as to provide that the fees of an auditor to whom a case has been referred shall be determined by the trial judge making such referral; and for other purposes.
Referred to the Committee on Judiciary.
TUESDAY, MARCH 5, 1963
1023
HB 557. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend an Act providing that fees of an auditor shall be taxed by the judge and providing for the amount of such fees; and for other purposes.
Referred to the Committee on Judiciary.
HB 558. By Messrs. Killian and Isenberg of Glynn:
A Bill to be entitled an Act to provide for the appointment and terms of office of members of the Brunswick and Glynn County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 559. By Messrs. Groover, and Laite of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon providing ad valorem tax levy for general municipal purposes shall be limited to 15 mills; and for other purposes.
Referred to the Committee on Local Affairs.
HB 560. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville relating to the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to rename the State Department of Public Welfare as the State Department of Family and Children Services; and for other purposes.
Referred to the Committee on Welfare.
HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.
Referred to the Committee on Welfare.
1024
JOURNAL OF THE HOUSE,
HB 563. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide that in all criminal trials, except when the defendant enters a plea of guilty, the jury shall first determine the guilt or innocence of the accused; and for other purposes.
Referred to the Committee on Judiciary.
HB 564. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act relating to the registration of attorneys or agents employed for lobbying purposes so as to require that they wear identifications; and for other purposes.
Referred to the Committee on State of Republic.
HB 565. By Mr. Dean of Polk:
A Bill to be entitled an Act to provide free parking to disabled veterans entering State parks; and for other purposes .
Referred to the Committee on Defense and Veterans Affairs.
HR 190-565. By Mr. Sangster of Dooly:
A Resolution to provide compensation for Bowles & Tillinghast, Inc. Actuaries and Employee Benefit Plan Consultants for services rendered for the Interim Legislative Committee to study matters relating to the retirement of employees of the Department of Public Safety created by Resolution at the 1962 Session of the General Assembly; and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 507. By Messrs. Smith of Habersham, Johnson of Warren, Acree of Towns, Poole of Pickens, Lewis of Wilkinson and Snow of Walker: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to provide that no newspaper publishing company shall be allowed to publish advertisements of liquors; and for other purposes.
HB 508. By Mr. Chance of Twiggs: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Jeffersonville, so as to change the corporate limits of the City of Jeffersonville; and for other purposes.
TUESDAY, MARCH 5, 1963
1025
HB 509. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act entitled the "Statewide Probation Act", so as to provide that in the court's discretion the adjudication of the guilt of the accused may be stayed and withheld as well as the imposition of sentence; and for other purposes.
HR 179-509. By Mr. Roberts of Jones:
A Resolution to compensate Benjamin H. Walton; and for other purposes.
HB 510. By Messrs. Russell of Thomas and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act regulating the sale of livestock at auction, so as to provide that each sales establishment built or in which major alterations are made after effective date of this Act shall make provisions to weigh livestock immediately prior to sale; and for other purposes.
HB 511. By Messrs. Hurst of Quitman, King of Chattahoochee, Steis of Harris, Conger of Decatur, McKemie of Clay, Bowen of Randolph and others:
A Bill to be entitled an Act to amend the Georgia Motorboat Numbering Act, so as to authorize entering agreements for registration of boats used on waters contiguous to or forming a part of or abutting upon the boundaries of this State; and for other purposes.
HB 512. By Messrs. Steis of Harris, Hurst of Quitman, King of Chattahoochee, Conger of Decatur, Bowen of Randolph, Twitty of Mitchell and others:
A Bill to be entitled an Act to amend an Act comprehensively, revising, consolidating and superseding the laws relating to the Game and Fish Commission relating to agreements between Georgia and those States bordering on this State on individual basis, for taking waterfowl on waters forming part of or abutting on Georgia; and for other purposes.
HB 513. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide that counties, municipalities, and other political subdivisions of this State are authorized to purchase blanket bonds covering employees thereof; and for other purposes.
HB 514. By Mr. Moore of Polk:
A Bill to be entitled an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not more than 28,250; and for other purposes.
1026
JOURNAL OF THE HOUSE,
HB 515. By Messrs. Clarke of Monroe and Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the effective date of the Uniform Commercial Code, so as to change the effective date; and for other purposes.
HB 516. By Mr. Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act relating to "Non-profit Medical Service Corporations", so as to provide that doctors of podiatry shall have the same rights, benefits and privileges as doctors of medicine and surgery and doctors of dental surgery; and for other purposes.
HR 181-516. By Mr. Todd of Glascock: A Resolution to compensate Mrs. H. S. Swint; and for other purposes.
HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis, Lee of Clayton, Smith of Whitfield, Twitty of Mitchell, Groover of Bibb and Steis of Harris:
A Bill to be entitled an Act to amend an Act pertaining to the salaries of the Chairman and members of the Public Service Commission, so as to provide a salary of $19,600 per annum, in lieu of a salary of $16,000 per annum; and for other purposes.
HR 182-517. By Messrs. Newton of Colquitt, Lowrey of Floyd, Bowen of Toombs, Milhollin of Coffee, Dorminy of Ben Hill and many others:
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.
HB 518. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other purposes.
SB 44. By Senators Zorn of the 6th, McKinnon of the 7th, Gayner of the 5th, and Johnson of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 24-23 relating to court costs in civil cases, as amended, so as to provide for a minimum filing fee in all civil cases; and for other purposes.
SR 56. By Senator Webb of the llth:
A Resolution creating the Congressional Districts Study Committee; and for other purposes.
TUESDAY, MARCH 5, 1963
1027
SB 59. By Senator Moore of the 31st:
A Bill to be entitled an Act to create the Cedartown Development Authority; and for other purposes.
SB 64. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code", so as to provide for penalty for false oath to procure benefit from an insurance policy; and for other purposes.
SB 98. By Senator Fuqua of the 22nd:
A Bill to be entitled an Act to amend Code Title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.
SB 103. By Senators Salome of the 36th, Brown of the 34th, Johnson of the 38th and others:
A Bill to be entitled an Act to amend an Act carrying into effect in the City of Atlanta the provisions of the amendment to Para. 1, Sec. 7, Art. 6 of the Constitution of the State of Georgia, relating to the abolition of Justice Courts and establishing certain other courts; and for other purposes.
SB 106. By Senator Spinks of the 9th and Rowan of the 8th:
A Bill to be entitled an Act to amend Code Chap. 84-3 pertaining to architects, so as to provide credit to military personnel for satisfactory architectural experience gained while in military service; and for other purposes.
SB 112. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jasper, so as to change the corporate limits of said city; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations 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:
HR 96-194. Do Pass, as Amended. HB 325. Do Pass.
1028
HB HB HB HB
JOURNAL OF THE HOUSE,
323. Do Pass. 324. Do Pass. 326. Do Pass. 355. Do Pass.
Respectfully submitted, Blalock of Coweta, Chairman.
Mr. Mackay of DeKalb 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 340. Do Pass.
HB 398. Do Pass.
HB 500. Do Pass.
SB 68. Do Pass.
SB 69. Do Pass.
SB 71. Do Pass.
SB 86. Do Pass.
Respectfully submitted, Mackay of DeKalb, 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 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:
SB
14. Do Pass, as Amended.
HB
87. Do Pass.
HR 151-426. Do Pass.
Respectfully submitted, Ballard of Newton, Chairman.
TUESDAY, MARCH 5, 1963
1029
Mr. Twitty of Mitchell County, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry 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 501. Do Pass.
SB 11. Do Pass, by Substitute.
Respectfully submitted,
Twitty of Mitchell, 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 466. Do Pass. HB 467. Do Pass. HB 468. Do Pass. HB 478. Do Pass. HB 509. Do Pass. HB 444. Do Pass. HB 513. Do Pass. HB 515. Do Pass. HB 487. Do Pass. HB 427. Do Not Pass. HB 129. Do Not Pass. HB 247. Do Pass, by Committee Substitute. HE 154-127. Do Not Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.
1030
JOURNAL OF THE HOUSE,
Mr. Hale of Bade 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 255. Do Pass.
HB 257. Do Pass.
Respectfully submitted,
Hale of Dade,
Chairman.
Mr. Williams of Hall 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 39. Do Pass. Respectfully submitted,
Teague of Cobb, Vice-Chairman.
Mr. Dorminy of Ben Hill 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 481. Do Pass, as Amended by Committee.
HB 477. Do Pass.
Respectfully submitted,
Dorminy of Ben Hill, Chairman.
TUESDAY, MARCH 5, 1963
1031
Mr. Vaughn of Rockdale County, Vice-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 Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recom mendations :
HB 144. Do Pass, by Substitute.
HR 138-379. Do Pass, as Amended.
SR
24. Do Pass, as Amended.
Respectfully submitted,
Vaughn of Rockdale,
Vice-Chairman.
Mr. Ware of Troup 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 175-494. Do Pass. Respectfully submitted, Ware of Troup, Chairman.
Mr. Branch of Tift 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 148-422. Do Pass. HR 159-429. Do Pass, as Amended.
Respectfully submitted, Branch of Tift, Chairman.
1032
JOURNAL OP THE HOUSE,
Mr. Ware of Troup County, Chairman of the Committee on State of Re public, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :
SR 7. Do Pass.
HB 517. Do Pass.
Respectfully submitted,
Ware of Troup,
Chairman.
Mr. Towson of Laurens 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 422. Do Pass, as Amended. HB 431. Do Pass. HB 530. Do Pass. HB 528. Do Pass.
Respectfully submitted, Towson of Laurens, 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 107. By Senators Loggins of the 53rd, Pannell of the 54th and others: A Bill to amend Code Sec. 81-206, relating to service by publication in divorce actions, as amended by a Resolution approved Feb. 1, 1946 (Ga.
TUESDAY, MARCH 5, 1963
1033
L. 1946, p. 761), so as to provide that the clerk of the court in which such actions are pending may order service by publication; and for other purposes.
SB 23. By Senator Loggins of the 53rd: A Bill to amend Sec. 68-502. Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-5, Code of Georgia of 1933, as amended, concerning regulation of "motor carriers", so as to provide that term "motor carrier"; and for other purposes.
SB 90. By Senators Loggins of the 53rd, Lee of the 47th and others: A Bill to amend Sec. 68-510 of the Code of Georgia of 1933, as amended, redefining the powers of the Public Service Commission to fix fares, rates and charges for transportation of passengers and property; to repeal conflicting laws; and for other purposes.
SB 91. By Senators Loggins of the 53rd, Lee of the 47th and others: A Bill to amend Sec. 68-618 of the Code of Georgia of 1933 concerning the regulation of "motor common carriers"; and for other purposes.
SB 93. By Senators Loggins of the 53rd, Lee of the 47th and others: A Bill to amend Sec. 68-514 of the Code of Georgia of 1933 concerning the regulation of "motor carriers"; and for other purposes.
SB 116. By Senator Carlton of the 21st: A Bill to repeal Code Sec. 60-512, relating to the transfer of registered real estate between husband and wife, 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:
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn and others: A Bill to amend an Act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.
1034
JOURNAL OP THE HOUSE,
HB 173. By Messrs. Williams and Overby of Hall and others:
A Bill to regulate the purchase of used motor vehicles and parts there from; to define the term "motor vehicles"; and for other purposes.
HB 252. By Messrs. Isenberg.and Killian of Glynn and others:
A Bill to amend an Act entitled the "Urban Redevelopment Law", so as to provide additional criteria for the definition of the term "slum area"; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 156. By Mr. McGarity of Henry:
A Bill to amend an Act relating to the payment of wages due deceased employees of certain survivors without the necessity of administration upon their estates, so as to place State employees under the provisions of said section; and for other purposes.
The Senate agrees to the House amendment to the following Bill of the Senate:
SB 67. By Senator Kendrick of the 32nd:
A Bill to amend Code Sec. 32-502, relating to the qualifications of the State Superintendent of Schools, so as to provide for additional qualifi cations; 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 Resolutions of the House to wit:
HR 170. By Mr. Lee of Clinch: A Resolution urging construction of a bridge across the Okefenokee Swamp connecting State Highway #177; and for other purposes.
HR 171. By Messrs. Busbee, Odom and Lee of Dougherty and others: A Resolution urging the construction of all five dams of the Flint River Complex; and for other purposes.
TUESDAY, MARCH 5, 1963
1035
HR 176. By Messrs. Smith of Grady, Bolton of Spalding and others:
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.
HR 180. By Messrs. Pickard, Dicus and Jones of Muscogee:
A Resolution memorializing the President and the Congress of the United States to take immediate action to eliminate the inequity of the two-price system of Cotton Cost; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 23. By Senator Loggins of the 53rd:
A Bill to be entitled an Act to amend Sec. 68-502, Code of Ga. of 1933, as amended, defining certain terms used in Chapter 68-5, Code of Ga. of 1933, as amended, concerning regulation of "motor carriers", so as to provide that the term "motor carrier"; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 90. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Sec. 68-510 of the Code of Georgia of 1933, as amended, redefining the powers of the Public Service Com mission, to fix fares, rates and charges for transportation of passengers and property; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 91. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Section 68-618 of the Code of Georgia of 1933 concerning the regulation of "Motor common carriers"; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 93. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Section 68-514 of the Code of Georgia of 1933 concerning the regulation of "motor carriers"; and for other purposes.
Referred to the Committee on Motor Vehicles.
1036
JOURNAL OF THE HOUSE,
SB 107. By Senators Loggins of the 53rd, Pannell of the 54th and Downing of . the 1st:
A Bill to be entitled an Act to amend Code Section 81-206, relating to service by publication in divorce actions, so as to provide that the clerk of the court in which such actions are pending may order service by publication; and for other purposes.
Referred to the Committee on Judiciary.
SB 116. By Senator Carlton of the 21st:
A Bill to be entitled an Act to repeal Code Section 60-512, relating to the transfer of registered real estate between husband and wife; and for other purposes.
Referred to the Committee on Judiciary.
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, Gov. Carl Sanders, and was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Sanders appeared upon the floor of the House.
Lt. Gov. Peter Zack Geer presented Governor Sanders who delivered the following address:
LIEUTENANT GOVERNOR GEER, SPEAKER SMITH, MEMBERS OF THE GENERAL ASSEMBLY AND MY FELLOW GEORGIANS:
My appearance before you this morning is for the purpose of dis cussing with you my plans and recommendations for the establishment of a new division of state government, a division to deal with special problems of the children and youth of our state.
I believe that what I will have to say will be of interest not only to you but also to every thoughtful citizen.
During my campaign for the office of Governor, I stated many times that I intended to do something about the problems of the young people of Georgia.
I am sure that many of you were motivated to run for office because of your desire, through public service, to do something to improve the opportunities of the boys and girls throughout our State.
TUESDAY, MARCH 5, 1963
1037
Together we share a responsibility to act boldly, to act vigorously and to act intelligently in carrying out our commitments.
Our great natural resources are our children and youth.
Of our four million population, one million five hundred thousand are under the age of seventeen years. More than one million one hundred thousand of these are enrolled in our public schools.
I am proud of the fact that my administration is pledged to put youth first.
In the Budget Bill I proposed, and in the Appropriations Bill which has passed the House, more than half of every tax dollar is committed, to providing better opportunities for our young people.
But we must not be content to rest on our oars, to let well enough alone, or to be satisfied with what we have done and are doing.
For this reason I have proposed the creation of a Commission to Improve Education at all levels, and you have given me your support for this proposal.
Surely, we can do a better job of providing educational opportunities for our youth . . .
But, perhaps better than any other group of men in our state, you know that good intentions alone are not enough.
To really improve educational opportunity, we must have the com mitment of money, of thought, of organizational skill . . .
And, above all, the dedication of men and women to the teaching profession.
I do not feel it is possible to build a progressive Georgia and, at the same time, neglect our young people. Their sound growth and the future of our state are inseparably bound together.
During my years in office, I intend to devote my energies and my thoughts toward strengthening education at all levels. We must provide our children and youth with the training and skills required to compete in today's worth.
As we move into an era of more rapid industrialization, there will be a greater demand for skilled labor.
Indeed, unless we produce skilled workers, industrialization cannot proceed.
Not only will better education provide higher per capita income, it will, more importantly, help individuals live more meaningful lives,
1038
JOURNAL OF THE HOUSE,
have more closely-knit families, and assist them in all their dealings with their fellow men.
This morning I want to give you my views regarding some special problems of youth which have been a source of concern to our church people, our civic leaders, our law enforcement and court officials, and, indeed, all who are aware of what goes on in our society.
I speak of Georgia's Troubled Youth.
Although nineteen out of every twenty boys and girls in Georgia are making a good adjustment to life, one out of twenty encounters serious problems of neglect, emotional disturbance or serious behavior difficulties.
We have observed the pattern over the years that where a boy or girl gets into serious difficulty, in many instances, these same indi viduals later become patients in our mental hospitals, inmates of our prisons, or dependents on our welfare rolls.
Moreover, we have seen that there is a vicious cycle that runs through generations--and we find the children of these people often suffer a similar fate.
This is not a new problem about which I speak, but it is one which has attracted increasing attention in recent years. There are many reasons for this. For one thing, with our rapidly growing population, there are greater numbers of children and youth.
The Parham report pointed out that there will be 20,000 more sixteen year-olds in Georgia in 1964 than there were in 1962.
Another factor is the movement of our people off the land and into the cities so that today half of all our children live in only sixteen counties.
Judge W. W. Woolfolk of the Fulton Juvenile Court testified before the Youth Study Committee that it was dealing with a major problem and not a minor problem. James B. Conant, a national authority in the field of education, has said that for us to congregate large numbers of idle children in our crowded cities is to stack social dynamite.
President Kennedy, recently, announced further plans for the federal government to move into this field. It is my belief that we here in Georgia should take the initiative and keep the initiative in dealing with the problems of our troubled youth. Surely, we are in a better position to deal with our children.
It should not be necessary for anyone to remind us to be concerned about the well-being of our children.
As a matter of fact, The United Church Women, the Georgia Fed eration of Women's Clubs, our Juvenile Court Judges and other law
TUESDAY, MARCH 5, 1963
1039
enforcement and court officials, Welfare officials, ministers, lawyers, members of the Junior Chamber of Commerce, and countless other indi viduals and organizations have, in recent years, urged that our state develop better ways of handling and dealing with these troubled youth.
This concern culminated in action by the 1962 General Assembly, when it unanimously voted to establish a Committee to Study the Prob lems of Youth. The Committee consisted of members of both the House and Senate and public members appointed by Governor Vandiver.
Through the cooperation of the Executive Branch, the legislative committee had the benefit of professional help--and the printed report written by Mr. Jim Parham provided the background for the Com mittee's recommendations. A copy of this report has been distributed to every member of the General Assembly. The Youth Study Committee has made its report and this, too, has been placed on your desks.
In my campaign for Governor, I promised to do something about children being placed in common jails, about inadequate support for our training schools, about inadequate services to our Juvenile Courts, and I promised to act vigorously to provide a better program of services for children and youth who are neglected, dependent or delinquent.
I promised to implement the recommendations of the General As sembly Youth Study Committee.
Let me read you the recommendations of the Youth Study Com mittee :
1. Creation of a State Department for Children and Youth to assure the consolidation and coordination of present State programs for dealing with the problems of dependent, neglected and delinquent children.
2. Creation of a fifteen-member administrative board to establish policy for this new agency and to provide leadership in developing pre ventive and treatment resources for troubled children, regardless of where they may live in the state.
3. A provision for having the heads of the Departments of Health, Education, Welfare, Labor, Corrections, Agriculture, and Forestry, as ex-officio members of the Board of the Department of Children and Youth to seek the most effective possible co-ordination of state resources for children.
4. Selection by the Board of this Department of a Director quali fied by both training and experience.
5. Development of a state program to assist local communities in the development of preventive programs.
6. Development of a plant to expand local services within four years so that every child in Georgia will have access to qualified help if he should need it.
1040
JOURNAL OF THE HOUSE,
7. Formulation of a plan to develop regional detention and diagnos tic centers to eliminate for all time the disgrace of lodging impression able young children in our local jails, some of which are unfit for human habitation.
8. A provision for commitment of delinquents to the Department for Children and Youth rather than to a specific institution and a plan to diversify treatment programs in training schools, improve the quality . of staff, and provide a classification system of youngsters according to individual needs.
9. Expansions of educational and scholarship programs for the training of personnel in all "helping progressions" and the establish ment of a School of Social Work within the State University System.
10. A biennial Governor's Conference on Children and Youth bringing together citizens from every county in Georgia to review progress, discuss problems, exchange ideas, and to publicize the need of conserving our most valuable resource--our children.
Let me say that I agree with these recommendations. With your help I intend to see to it that this administration creates an agency which will be of real service to the Juvenile Courts, the communities, and--most of all--the children and youth of Georgia.
Last Fall, the Juvenile Court Judges--in their Workshop at Athens --made recommendations, and the Youth Study Committee adopted verbatim the structure proposed by the Juvenile Court Judges.
I have proposed that this structure be enacted into legislation with certain modifications proposed solely to prevent duplication of expense in administration.
Many have wanted to get this Agency for Children and Youth disassociated from the old Welfare Department, as we have known it, and I realize that much of the impetus for such action was because of the old leadership of this Department and the apparent neglect of this important area.
We are weary of the term "welfare." It stirs up notions of a give away dole that kills initiative and self respect.
We all know this is not the complete picture--that welfare help is usually given to citizens who are not unfit, but just less fortunate than the rest of us.
The Great Depression taught us an unforgettable lesson--that a man can be needy without being unfit or inferior.
I am convinced that we need a new philosophy, a new concept of assistance, and for this reason I propose that we change the name of the Welfare Department to the "Department of Family and Children's Services."
TUESDAY, MARCH 5, 1963
1041
This will indicate that this is to be a department devoted to pre serving and strengthening family life through not only financial sup port, but through effective rehabilitation services.
Because I want to see this new philosophy put to work, I have appointed Mrs. Bruce Schaefer as the new Director of this department. Her many activities over the State are well known, and she was among those who worked hard to see to it that Georgia establishes a new agency for children and youth.
As a result of the thinking of all of us who have studied this problem, we have reached the conclusion that, with the limited money we have, we can make the best beginning by establishing a new state agency related to the Department of Family and Children's Services.
In this way we can avoid unnecessary expenses and duplication in administrative personnel, and use the money saved thereby the children and youth who so desperately need it.
In shaping the legislation which will establish this new agency for children and youth, I have provided all of the elements which the Juvenile Court Judges and the Youth Study Committee recommended.
There will be an Administrative Board made up of fifteen of the best qualified people I can find in Georgia. Mrs. Schaefer, as Director of the Department of Family and Children's Services, will be Chairman of the Administrative Board.
The fourteen other members will be appointed by me for staggered terms, and this Board will be a strong policy-making group to oversee our training schools and the Child Welfare and Court Services Section.
The Board will employ a professionally qualified Director, and the Court Services, Child Welfare programs and institutions will be de veloped as rapidly as organizational plans and financial means will permit.
The primary relationship of this Division for Children and Youth to the Department of Family and Children's Services will be for con venience and economy in administration and to avoid confusion in the local County offices.
I believe that all of us who have gone into this problem are con vinced that we have set up an organizational approach which will give us the benefit of an essentially autonomous agency, without the duplica tion of personnel and expense which might otherwise result.
Let me make this clear, however:
I am having the legislation drawn in such a way that if experience shows that a total separation of these activities is desirable, it can be done and will be done--but I believe that experience will show that we are on the right track.
1042
JOURNAL OP THE HOUSE,
The effective date of the legislation will be July 1, 1963. By that time I expect to have appointed an outstanding Board, and that a highly qualified Director will be ready to tackle the responsibilities which will be assigned to this new agency for children and youth.
Since making the basic policy decision as to the most desirable structure for this new agency on February 1st, four weeks of intensive legal research have gone into the committee substitute for House Bill No. 5.
This Bill--to be known as the Children and Youth Bill--is, I believe, the finest document of its kind in the fifty states.
I would like to point out that the Bill has been carefully checked by state and federal officials, and I am certain that no federal funds will be jeopardized.
Not only does it set forth in an orderly fashion the structure and function of this Department, it repeals many obsolete and contradictory code sections and chapters dealing with this general area which have accumulated during the past seventy-five years.
I am convinced that every member of this General Assembly will remember, with pride, that he had a hand in the enactment of this legislation.
This law alone cannot effect great improvement, but it is the in strument which will help our state deal more effectively with our troubled youth.
Its sole aim is to restore dependent, neglected and delinquent chil dren and youth to full, productive and useful citizenship.
There has been misunderstanding in some areas of just what the Welfare laws of this State have provided for--
Local and state care, maintenance and assistance to our neglected, homeless and dependent children and youth in public and private in stitutions :
Detention, education and training of delinquent children and youth in our state institutions:
Establishment and operation of detention homes and other groupcare facilities;
Certain court services;
Inspection and regulation of certain child-caring agencies; regu lation of placement of children for adoption, both intrastate and inter state ;
TUESDAY, MARCH 5, 1963
1043
And the expenditure of state and local funds for these purposes.
These laws, in some respects, are outmoded and do not meet the needs of today. Moreover, these laws are scattered throughout the Georgia Code, and are placed under the administration of several de partments and agencies of both state and local governments.
But most important of all, they have never been fully implemented. It is my purpose to consolidate these laws, shed the outmoded, and im prove the remainder, and to place the administration and the imple mentation of these laws--with adequate funds provided--under one state agency, which shall have as its singular purpose the administering of such laws in accordance with today's needs.
This, gentlemen, is what House Bill 5 does.
As soon as this Division for Children and Youth is activated, I want to see work begun on the following:
1. A plan to get our children out of jails and keep them out.
2. The provision of services for children and youth covering all geographic regions of Georgia.
3. The development of better training school programs with better diagnostic and training resources and follow-up supervision for boys and girls when they return home.
4. The provision of services to our Juvenile Courts throughout Georgia, which will be of real help to them.
5. A program that will assure that our child-caring institutions maintain standards of operation that protect the health and well-being of all children in their charge.
6. The development of ways and means to help local communities develop preventive programs.
7. The effective spending of state, federal and local welfare funds for children and youth--and finally.
8. Cooperation between the departments of state government in the use and development of resources for children:
Earlier this month I visited our boys training school at Milledgeville and spoke to them. As I looked at these boys approaching the threshold of manhood, I felt that, given the attention they deserve, they have the possibilities of becoming useful, law-abiding citizens.
They will need help and supervision when they return to their homes, and one of the practical things this new division can do, is to provide this help and supervision when they return to their home com munities.
1044
JOURNAL OF THE HOUSE,
Some have referred lightly to this bill as a "motherhood bill".
It is this and much more.
The intent of this measure is to fulfill the ancient doctrine of the common law, parens patriae. The state has an interest in every child and youth, not for the purpose of sheltering him from the cradle to the grave, but to protect him from neglect and want.
And, in cases where the child is adjudged delinquent, to restore him to full, productive, useful and meaningful citizenship.
Our studies show that nearly half the children of Georgia do not have access to any form of service. Someone has said that what happens to a child depends on the accident of where he happen to live.
I do not feel that any child in any county is any more or less important than any other.
When it comes to concern for our children, I feel that we should be one Georgia.
Perhaps better than anyone in this room, I understand that these goals cannot be achieved overnight. It will take much money, many trained personnel . . . and the energy and cooperation of all of us to move toward these goals.
But move we must--and move we shall.
It is my purpose that the Sanders administration act now, act wisely and act effectively ... so that 1963 will be noted as the year that our forgotten children and youth were remembered.
I call on you to support House Bill 5 and help me usher in the dawn of a new day for youth in Georgia.
Thank You!
Senator Pannell 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 Speaker Pro-Tern called the House to order.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendment and substitutes thereto:
TUESDAY, MARCH 5, 1963
1045
HB 173. By Messrs. Williams and Overby of Hall, Bowen of Dawson, Leonard of Murray, Teague of Cobb and Paris of Barrow:
A Bill to be entitled an Act to regulate the purchase of used motor vehicles and parts therefrom; and for other purposes.
The following Senate amendments were read:
The Senate Rules Committee moves to amend HB 173 as follows:
By striking the figure "5" as it appears in the last sentence of Section 1, and substituting in lieu thereof the word "one".
Mr. Yancey of 33rd moves to amend HB 173 by striking Section 6 in its entirety and inserting a new Section 6 to read as follows:
"Section 6. Any person, firm or corporation failing to comply with the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misde meanor."
Mr. Williams of Hall moved that the House agree to the Senate amendments.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Ballard Baughman Bedgood Bell Black Blair
Bowen of Randolph Brown Busbee Bynum Byrd Caldwell Carr Causby Chance
Clarke of Monroe Coker of Cherokee
Davis DeVane Dicus Dixon Dorminy Duncan of Carroll Fowler of Douglas Fulford Funk Gibbons Greene
Harrell Harris Henderson Herndon Horton Houston Hull Hurst Isenberg
Johnson of Elbert Johnson of Warren
Jones of Worth Jordan of Floyd Keyton Killian King Knight of Laurens Lambert Lane Lee of Clinch Lee of Dougherty Leonard
Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McGarity McKemie Melton Milhollin
Mitchell Mixon
1046
JOURNAL OF THE HOUSE,
Moore Morgan of Newton Nessmith Newton of Colquitt Odom Overby Pafford Partridge Perry of Marion Peterson Phillips Pope Poss Reaves Rhodes Richardson
Roberts Rodgers Roper Rowland Scarborough Sewell Shea Sinclair Smith of Telfair Snow Spikes Stalnaker Steis Teague Todd Towson
Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Walker Warren Watson Wells of Peach Wells of Camden White Wilkes Williams of Coffee Williams of Hall Woodward
Those not voting were Messrs. :
Acree Bagby Barber Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Chandler Clark of Catoosa Coker of Turner Conger Conner Crummey Cullens Dean of Polk Deen of Bacon Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Treutlen Griffin Groover
Hale Hall Harrington Hill House Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Kirkland Knight of Berrien Laite Lee of Clayton Lewis Logan Lowrey McClelland McCracken McDonald Meeks Milford Moate Morgan of Gwinnett Mullis Murphy Newton of Jenkins Paris Parker Payton Perry of Evans
Pickard Ponsell Poole Rainey Raulerson Russell Rutland Sangster Shaw Shuman Simmons Simpson Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Smith of Whitfield Story Stuckey Tabb Underwood of
Montgomery Vaughn Waldrop Ware Watts Wells of Oconee Wilson of Brantley Wilson of Cobb Mr. Speaker
On the motion to agree, the ayes were 112, nays 0.
TUESDAY, MARCH 5, 1963
1047
The Senate amendments were agreed to.
HB 156. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the payment of wages due deceased employees to certain survivors without the neces sity of administration upon, their estates, so as to place State employees under the provisions of said section; and for other purposes.
The following substitute was read:
The Rules Committee offers the following substitute to HB 156.
A BILL TO BE ENTITLED
An Act to amend Code Section 66-103, relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 641), so as to place State employees and employees of political subdivisions of the State, employees of an individual and employees of a partnership under provisions of said Section; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 66-103, relating to the payment of wages due deceased employees to certain survivors without the necessity of administration upon their estates, as amended by an Act approved March 25, 1958 (Ga. Laws 1958, p. 641), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code Section 66-103 to read as follows:
"66-103. It shall be lawful upon the death of any person employed by the State or any political sub-division thereof or any railroad company or other corporation or individual or partnership doing business in this State, who may have wages due by said employer, and who shall leave a surviving spouse or minor child or children, to pay all of said wages when they do not exceed $1,000.00 and, in case such wages exceed $1,000.00 to pay the sum of $1,000.00 thereof to the surviving spouse of such employee; in case there be no surviving spouse, but leaves surviving a minor child or children, said sum shall be paid to the duly qualified Guardian of said minor child or children without any administra tion upon the estate of said employee, and said funds to the amount of $1,000.00 after the death of said employee shall be exempt from any and all process of garnishment."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
1048
JOURNAL OF THE HOUSE,
Mr. McGarity of Henry 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:
Those voting in the affirmative were Messrs.:
Abney Arnsdorff Ballard Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Toombs Brown Busbee Bynum Byrd Caldwell Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Carroll Echols Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Greene Harrell Henderson House
Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jordan of Floyd Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lindsey Lokey McGarity McKemie Melton Milford Milhollin Mitchell Mixon Morgan of Newton Murphy Newton of Jenkins Odom Pafford Paris Partridge Perry of Marion Peterson Phillips
Those not voting were Messrs.:
Acree Alien Anderson Andrews Bagby
Barber Bedgood Bolton Bowen of Dawson Brackin
Pickard Pope Reaves Rhodes Richardson Rodgers Rowland Sangster Sewell Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Ware Warren Watson Wells of Peach Wells of Camden White Williams of Hall Woodward
Branch Brantley Brooks of Oglethorpe Brooks of Fulton Causby
TUESDAY, MARCH 5, 1963
Chandler Coker of Turner Conger Conner Crummey Cullens Davis Dean of Polk Duncan of Pannin Ether idge Fleming Flynt Gibbons Griffin Groover Hale Hall Harrington Harris Herndon Hill Horton Houston Jones of Worth Jones of Muscogee Jordan of Calhoun
Keadle Kelly Laite Lane Lewis Logan Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald Meeks Moate Moore Morgan of Gwinnett Mullis Nessmith Newton of Colquitt Overby Parker Payton Perry of Evans Ponsell Poole
1049
Rainey Poss Raulerson Roberts Roper Russell Rutland Scarborough Shaw Shea Simmons Singer Smith of Emanuel Smith of Habersham Spikes Underwood of
Montgomery Vaughn Walker Watts Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Mr. Speaker
On the motion to agree, the ayes were 113, nays 0.
The Senate substitute was agreed to.
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act relating to criminal pro cedure, so as to provide that persons under the age of 16 years shall not be sentenced for the commission of a capital crime; and for other purposes.
The following Senate substitute was read:
A BILL TO BE ENTITLED
An Act to amend Sections 26-1005 and 27-2302 of the Georgia Code of 1933, relating to the punishment for murder and other capital cases, so as to provide that any person who has not reached his eighteenth birthday at the time of the offense shall not be sentenced to death but shall instead be sentenced to life imprisonment; to provide for the effec tive date of these amendments; to repeal conflicting laws; and for other purposes.
1050
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 26-1005 of the 1933 Code, prescribing the punish ment for murder, is hereby amended by adding at the end of the first paragraph the following:
"When it is shown that a person convicted of murder had not reached his eighteenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life."
so that when so amended Section 26-1005 shall read as follows:
"26-1005. The punishment for persons convicted of murder shall be death, but may be confinement in the penitentiary for life in the following cases: If the jury trying the case shall so recom mend, or if the conviction is founded solely on circumstantial testi mony the presiding judge may sentence to confinement in the penitentiary for life. In the former case it is not discretionary with the judge; in the latter it is. When it is shown that a person convicted of murder had not reached his eighteenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life.
"Whenever a jury, in a capital case of homicide, shall find a verdict of guilty, with a recommendation of mercy, instead of a recommendation of imprisonment for life, in cases where by law the jury may make such recommendation, such verdict shall be held to mean imprisonment for life. If, in any capital case of homicide, the jury shall make any recommendation, where not authorized by law to make a recommendation of imprisonment for life, the verdict shall be construed as if made without any recommendation."
Section 2. Section 27-2302 of the 1933 Code, prescribing punish ment in capital cases other than homicide, is hereby amended by adding at the end thereof the following:
"When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death. However, when it is shown that a person con victed of a capital offense without a recommendation to mercy had not reached his eighteenth birthday at the time of the commis sion of the offense the punishment of such person shall not be death but shall be imprisonment for life."
so that when so amended Section 27-2302 shall read as follows:
"27-2302. In all capital cases, other than those of homicide, when the verdict is guilty, with a recommendation to mercy, it shall be legal and shall mean imprisonment for life. When the verdict if guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death.
TUESDAY, MARCH 5, 1963
1051
However, when it is shown that a person convicted of a capital offense without a recommendation to mercy had not reached his eighteenth birthday at the time of the commission of the offense the punishment of such person shall not be death but shall be im prisonment for life."
Section 3. These amendments shall be operative on and after the effective date of this Act to the fullest extent possible without encroach ing upon the constitutional authority of the State Board of Pardons and Paroles.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Bell of Richmond moved that the House disagree to the Senate substitute and the motion prevailed.
The Senate substitute was disagreed to.
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, and others: A Bill to be entitled an Act to amend an Act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.
The following Senate amendments were read:
The Rules Committee moves to amend HB 132 as follows:
1. By striking from the title of said Act, the phrase, "to pro vide that this Act shall not prevent any incorporated municipality from regulating, within its boundaries, obscene matter under its police powers or other charter provisions;"
and the phrase
"be guilty of a felony, and upon conviction thereof, shall be pun ished by confinement in the penitentiary for not less than one, nor more than five years; to provide that upon recommendation of the Jury said offense shall be punishable as for a misdemeanor;"
and substituting in lieu thereof the following phrase,
"be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."
1052
JOURNAL OF THE HOUSE,
2. By striking from Section 1 of said Act, the phrase, "be guilty of a felony, and upon conviction thereof, shall be punished by con finement in the penitentiary for not less than one year nor more than five years; provided, however, in the event the jury so recommends, such person may be punished as for a misdemeanor",
and substituting in lieu thereof the following:
"be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the peni tentiary for not less than one nor more than five years."
3. By striking from Section 1 of said Act, the last sentence thereof,
"As used herein, the term 'obscene matter' shall mean any book, pamphlet, magazine, newspaper, film, picture, photograph, record ing, lithograph, duplicate pictorial representation, or other printed material which, if considered as a whole, applying contemporary community standards, has, as its dominant theme, an appeal to prurient interest, that is, a morbid interest, in nudity, sex, or excretion."
and substituting in lieu thereof the following sentence,
"As used herein, a matter is obscene if, considered as a whole, applying contemporary community standards, its predominant appeal is to prurient interest, i.e., a shameful or morbid interest in nudity, sex or excretion."
4. By striking Section 2. of said Bill in its entirety.
Mr. Matthews of Clark moved that the House disagree to the Senate amend ments, and the motion prevailed.
The Senate amendments were disagreed to.
HB 375. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to amend an Act establishing fire preven tion districts in Clayton County, so as to provide for a tax on the property located in fire prevention districts; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act approved February 16, 1962 (Ga. Laws 1962, p. 2257), providing for the establishment of fire pro-
TUESDAY, MARCH 5, 1963
1053
tection districts in Clayton County, so as to provide for a tax on the property located in such districts; to further define fire protection districts; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing fire prevention districts in Clayton County, approved February 26, 1962, (Ga. Laws 1962, p. 2257), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. In any fire prevention district which votes for levying such taxes, the governing authorities of Clayton County may levy up to five mills on all real and personal taxable property located within such district. The funds collected under this levy shall be used only for fire prevention purposes and only in the fire prevention district that voted for such levy."
Section 2. That said Act approved February 26, 1962, be further amended by striking the period at the end of Section 1 thereof, inserting a colon and the following:
"Provided, however, that no property in Clayton County form ing a part of the Atlanta Municipal Airport shall be included in any such fire prevention district and nothing contained in this Act shall be construed to require Clayton County or any fire prevention district of Clayton County or any municipality in Clayton County to furnish fire protection to any portion of said Atlanta Municipal Airport or any property located on or forming a part of said Atlanta Municipal Airport,"
so that said Section 1 as amended shall read as follows:
"Section 1. Pursuant to a Constitutional amendment relative to the establishment of fire prevention districts in Clayton County (Ga. L. 1960, p. 1206), the governing authorities of the County of Clayton are hereby authorized to established and administer, within the bounds of the County of Clayton, districts for fire prevention. In establishing such district the governing authority may prescribe such bounds for said district, from time to time, as the governing authorities shall deem advisable: Provided, however, that no prop erty in Clayton County forming a part of the Atlanta Municipal Airport shall be included in any such fire prevention district and nothing contained in this Act shall be construed to require Clayton County or any fire prevention district of Clayton County or any municipality in Clayton County to furnish fire protection to any portion of said Atlanta Municipal Airport or any property located on or forming a part of said Atlanta Municipal Airport."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
1054
JOUENAL OP THE HOUSE,
Mr. Lee of Clayton moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 110, nays 0.
The Senate substitute was agreed to.
HB 252. By Messrs. Isenberg and Killian of Glynn, Dixon of Ware, Jones of Muscogee, Brantley of Candler and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled the "Urban Redevelopment Law", so as to provide additional criterial for the definition of the term "slum area"; and for other purposes.
The following Senate amendment was read:
The Committee on Highways moves to amend HB 252, as follows:
By adding in the capition thereof after the word "Act" in the fifth line thereof the following clause, to wit: "to provide that municipalities may pay the reasonable costs of removing, relocating and rearranging public utility facilities within urban renewal areas;", so that the caption of HB 252 when amended shall read as follows:
"To be entitled an Act To amend an Act entitled the "Urban Redevelopment Law", approved March 3, 1955 (Georgia Laws 1955, p. 354), as amended, so as to provide additional criteria for the definition of the term "slum area"; to clarify the purposes for which funds may be expended by municipalities in carrying out the purposes of the Act; to provide that municipalities may pay the reasonable costs of removing, relocating and rearranging public utility facilities within urban renewal areas; to repeal conflicting laws; and for other purposes."
By striking the word "shall" from Section 2 of said Bill wherever the same appears in said Section 2 and by substituting in lieu thereof the word "may", so that when so amended Section 2 shall read as follows:
"Section 2. Said Act is further amended by adding to the end of Subsection (h), of Section 7 the following:
"The reasonable costs of removing, relocating and rearranging public facilities within urban renewal areas may constitute a cost of carrying out the purposes of this Act, and every municipality may, in its discretion, pay such reasonable costs or any portion thereof."
Mr. Pickard of Muscogee moved that the House agree to the Senate amend ment.
TUESDAY, MARCH 5, 1963
1055
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Arnsdorff Ballard Barber Baughman Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Brackin Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon Dixon Duncan of Fannin
Echols Etheridge Fleming
Flournoy
Floyd Flynt Fowler of Treutlen
Fulford Funk
Greene
Groover Hall
Harrell Harris
Henderson Herndon House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King Kirkland Knight of Laurens Laite Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Mackay Matthews of Clarke McClelland McCraeken McDonald Meeks Melton Milford Milhollin
Mitchell Mixon
Moate Morgan of Gwinnett Morgan of Newton
Nessmith Newton of Jenkins
Odom Pafford
Paris Parker
Partridge Perry of Marion
Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Rowland Russell Sangster Sewell Simmons Smith of Forsyth Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Towson Tucker of Catoosa Twitty Underwood of Taylor
Vaughn Waldrop Warren
Watson Watts Wells of Peach
Wells of Oconee Wells of Camden White
Williams of Coffee Wilson of Brantley
Wilson of Cobb
Woodward
Voting in the negative was Mr. Gibbons.
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JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Acree Alien Andrews Bagby Bedgood Bell Bowen of Dawson Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Pulton Causby Conger Conner Crummey Davis DeVane Dicus Dorminy Duncan of Carroll Fowler of Douglas Griffin Hale Harrington
Hill Horton Johnson of Warren Jones of Liberty Jones of Worth Keadle Kelly Knight of Berrien Lambert Lane Lee of Clinch Leonard Logan Lowrey Matthews of Colquitt McGarity McKemie Moore Mullis Murphy Newton of Jenkins Overby Payton Perry of Evans
Raulerson Roper Rutland Scarborough Shaw Shea Shuman Simpson Sinclair Singer Smith of Telfair Smith of Emanuel Smith of Habersham Stuckey Teague Tucker of Burke Underwood of
Montgomery Walker Ware Wilkes Williams of Hall Mr. Speaker
On the motion to agree, the ayes were 114, nays 1.
The Senate amendment was agreed to.
Mr. Newton of Colquitt asked unanimous consent that the following Bill of the House be withdrawn from further consideration:
HB 314. By Messrs. Newton and Matthews of Colquitt: A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, so as to provide that the qualifications of the Judge of said court include that he be an attorney duly qualified to practice law according to the laws of the State; and for other purposes.
The consent was granted and HB 314 was withdrawn from further con sideration.
Mr. Busbee of Dougherty asked unanimous consent that the following Bill of the House be recommitted to the Committee on Judiciary:
TUESDAY, MARCH 5, 1963
1057
HB 129. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to prescribe the degree of care required of fiduciaries, to prescribe the types of investments fiduciaries are permitted to make; and for other purposes.
The consent was granted and HB 129 was recommitted to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 255. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Columbus, providing a pension system for retired officers and employees and the dependents of officers and employees 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 257. By Messrs. Pickard, Jones and Dicus of Muscogee: A Bill to be entitled an Act to amend the charter of the City of Columbus, establishing pensions for certain officers and employees who are not disabled on the basis of period of service and 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 457. By Messrs. Gibbons and Walker of Lowndes: A Bill to be entitled an Act to amend an Act providing for a supplement to the compensation of the Judge of the Superior Courts of the Southern Judicial Circuit, so as to change the proportionate share paid by Lowndes County; and for other purposes.
1058
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 466. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to place the Sheriffs in certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 467. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to place the Clerks of the Superior Court and the Ordinances of certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 468. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to repeal an Act to provide for compensa tion of persons holding office of tax collector in certain counties; and for other purposes.
TUESDAY, MARCH 5, 1963
1059
The report 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 494. By Messrs. Lane and Nessmith of Bulloch:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro; and for other purposes.
The report 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 503. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend an Act re-incorporating the City of Hazelhurst, so as to re-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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 21. By Senators Wesberry of the 37th, Salome of the 36th, and others: A RESOLUTION
Proposing an amendment to Article XI of the Constitution of the State of Georgia:
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP THE STATE OF GEORGIA AND IT IS HEREBY RESOLVED BY THE AUTHORITY OF THE SAME that Article XI of the Consti-
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JOURNAL OF THE HOUSE,
tution of the State of Georgia of 1945 as heretofore amended be further amended by adding at the end of said Article XI the following provisions:
Section 1. Within the unincorporated areas, the Commissioners of Roads and Revenues of Fulton County shall have full power and authority to construct, pave and otherwise improve public streets, road ways and sidewalks, and to assess all or a portion of the cost of such pavement or improvement against the abutting property and the owners thereof. In all such cases, however, the costs shall be determined and assessed under uniform rules and regulations adopted by the County Commission and applied uniformly to all roads, streets, sidewalks and properties of the same class, and similarly situated.
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 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 to the Constitution of Georgia, author izing Fulton County, in the unincorporated area, to construct, pave and improve public streets, roads and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof." 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 Georgia, authorizing Fulton County, in the unincorporated area, to construct, pave and improve public streets, roads and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof."
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 Consti tution of the State of Georgia, as amended, vote in favor of the ratifi cation 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 Anderson
Andrews A.rnsdorff
Ballard Barber
TUESDAY, MARCH 5, 1963
Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown Busbee Bynuni Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Turner Cullens Davis Dean of Polk Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Plournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Greene Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston
Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Paris Parker Partridge Perry of Marion Perry of Evans Peterson
1061
Ponsell Poole Pope Poss Rainey Reaves Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shea Shuman Simmons Sinclair Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Story Stuckey Tahb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White William of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Acree Alien Bagby
Bell Brackin Branch
Brooks of Oglethorpe Brooks of Fulton Causby
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JOURNAL OF THE HOUSE,
Coker of Cherokee Conger Conner Crummey Deen of Bacon DeVane Dorminy Fleming Flynt Gibbons Griffin Groover Hale Hull Jones of Liberty Jordan of Floyd
Lambert Lee of Clinch Leonard Logan McCracken McDonald McGarity Meeks Mullis Newton of Colquitt Overby Pafford Payton Phillips Pickard Raulerson
Rhodes Rutland Scarborough Simpson Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Steis Teague Underwood of
Montgomery Watson Wilkes Williams of Hall Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
SR 22. By Senators Wesberry of the 37th, Salome of the 36th, and others:
A RESOLUTION
Proposing an amendment to Article XI of the Constitution of the State of Georgia.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY RESOLVED BY THE AUTHOR ITY OF THE SAME that Article XI of the Constitution of the State of Georgia of 1945 as heretofore amended be further amended by adding at the end of said Article XI the following provisions:
Section 1. (a) The Commissioners of Roads and Revenues of Fulton County shall have the power and authority to conduct recre ational programs in cities of said county having a population of not more than 5,000 persons according to the last or any future Federal Census provided, the city in which said program is conducted shall bear at least one-half of the total cost of said program and, provided further, the cost to Fulton County in any one year for the program conducted in any such city shall not exceed the sum of $5,000.00.
(b) Within the unincorporated areas, the Commissioners of Roads and Revenues shall have full power and authority to:
1. Regulate business and business activities, and to require of each person, firm or corporation conducting any business or business activities
TUESDAY, MARCH 5, 1963
1063
to pay a license fee to be determined by the County Commission for each business or classification thereof;
2. To operate sanitary landfills for the purpose of providing a public dump and for the disposal of garbage, refuse, and industrial and construction waste;
3. To regulate pedestrian and vehicular traffic on the public streets and roadways and to regulate or prohibit the parking of vehicles on any of same; to regulate the speed of vehicles and to provide that the violators of such regulations may be punished as for a misdemeanor.
Section 2. When this Resolution shall have been agreed to by twothirds (2/3) of the members elected to both houses of the General Assembly of Georgia, the same shall be entered in 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 to the Constitution of Georgia authorizing Fulton County to engage in recreational activities in certain cities; and authorizing Fulton County, in unincorporated areas to regulate and license business; to operate sanitary landfills, to regulate traffic and parking and to provide for the misdemeanor punishment of violators." Those desiring to vote against ratification of said amend ment shall have written or printed on their ballots the words "Against ratification of amendment to the Constitution of Georgia, authorizing Fulton County to engage in recreational activities in certain cities; and authorizing Fulton County, in unincorporated areas to regulate and license business, to operate sanitary landfills, to regulate traffic and parking and to provide for the misdemeanor punishment of violators."
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 Con stitution 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, be come a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
The following committee amendment was read and adopted:
The Committee on Local Affairs moves to amend SR 22 as follows:
Amend paragraph 1 of Section 1. (b) of Senate Resolution 22 by inserting immediately after the comma on the first line of said paragraph, the following:
"except for those businesses subject to regulation by the State Public Service Commission,"
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JOURNAL OF THE HOUSE,
and by inserting in parentheses immediately after the word corporation" on the second line of said paragraph, the following:
" (except those subject to regulation by the State Public Service Commission)"
so that in the proposed addition to Article XI of the Constitution of the State of Georgia, Section 1 (b) 1 will read as follows:
"1. Regulate business and business activities, except for those businesses subject to regulation by the State Public Service Com mission, and to require of each person, firm or corporation (except those subject to regulation by the State Public Service Commission) conducting any business or business activities to pay a license fee to be determined by the County Commission for each business or classification thereof;"
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 Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler
Clark of Catoosa Clarke of Monroe Coker of Turner Cullens Davis Dean of Polk Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Greene Hall Harrell Harrington Harris Henderson Herndon
Hill Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis
TUESDAY, MARCH 5, 1963
Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Melton Milford Mimollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Paris Parker Partridge Perry of Marion
Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Reaves Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shea Shuman Simmons Sinclair Smith of Telfair Smith of Whitfield Snow Spikes
1065
Stalnaker Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Alien Bagby Bell Brackin Branch Brooks of Oglethorpe Brooks of Fulton Causby Coker of Cherokee Conger Conner Crummey Deen of Bacon DeVane Dorminy Fleming Flynt Gibbons
Griffin Groover Hale Hull Jones of Liberty Jordan of Floyd Lambert Lee of Clinch Leonard Logan McCracken McDonald McGarity Meeks Mullis Newton of Colquitt Overby Pafford Payton
Phillips Pickard Raulerson Rhodes Rutland Scarborough Simpson Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Steis Teague Underwood of
Montgomery Watson Wilkes Williams of Hall Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 149, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.
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JOURNAL OF THE HOUSE,
HR 161-438. By Mr. Tucker of Burke:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Education of Burke County shall be composed of seven members who shall be appointed in the manner provided by this Constitution by the Grand Jury of Burke County. Two members of the Board shall be appointed from the area served by the Sardis-Girard-Alexander Public Schools. One member of the Board shall be appointed from the area served by the Midville Public Schools. One member of the Board shall be appointed from the area served by the Vidette Public Schools. Two members of the Board shall be appointed from the rural area outside of the City of Waynesboro served by the Waynesboro Public Schools, and one member from the City of Waynesboro. Not more than one member shall be appointed from any one Militia District. The five members of the Board presently serving shall continue to serve and be appointed in the same manner. The two additional members added by this amendment to represent the rural area outside of the City of Waynesboro served by the Waynesboro Public Schools, shall be appointed by the first Grand Jury which meets after the ratification of this amendment. One of such members shall be appointed for a term of four years and one of such mem bers shall be appointed for a term of five years. Thereafter, suc cessors to such members shall be appointed for terms of five years. All constitutional provisions and statutory provisions relating to county boards of education shall apply to the seven man board of education, it being the purpose of this amendment to increase the membership of the Board from five members to seven mmbers."
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:
TUESDAY, MARCH 5, 1963
1067
"For ratification of amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County."
"Against ratification of amendment to the Constitution so as to provide for seven members of the Board of Education of Burke 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 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 Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown Busbee Bynum Byrd Caldwell
Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Turner Cullens Davis Dean of Polk Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Greene
Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian
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JOURNAL OF THE HOUSE,
King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith
Newton of Jenkins Odom Paris Parker Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Reaves Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shea Shuman Simmons Sinclair Smith of Telfair
Smith of Whitfield Snow Spikes Stalnaker Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Alien Bagby Bell Brackin Branch Brooks of Oglethorpe Brooks of Fulton Causby Coker of Cherokee Conger Conner Crummey Deen of Bacon DeVane Dorminy Fleming Flynt Gibbons
Griffin Groover Hale Hull Jones of Liberty Jordan of Floyd Lambert Lee of Clinch Leonard Logan McCracken McDonald McGarity Meeks Mullis Newton of Colquitt Overby Pafford Payton
Phillips Pickard Raulerson Rhodes Rutland Scarborough Simp son Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Steis Teague Underwood of
Montgomery Watson Wilkes Williams of Hall Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 0.
TUESDAY, MARCH 5, 1963
1069
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 146-408. By Mr. Wells of Oconee:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Governing Authority of Oconee County may establish a fire pro tection system and said County may provide funds for new equipment and other expenses for the Volunteer Fire Department; may by taxes issue bonds and revenue bonds to operate, maintain and administer said fire protection system; to provide what property shall be taxed for such purpose; to provide for the right of eminent domain; to pro vide for a referendum; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article XI, Section I of the Constitution of the State of Georgia shall be amended so as to add to said Section a new paragraph to read as follows:
"The Governing Authority of the County of Oconee is hereby given the authority and power to establish and administer, within the bounds of the County of Oconee, a fire protection system; the power to make necessary plans and surveys, to hire necessary employees, to levy taxes or assessments on all property in said County, to issue bonds and revenue bonds for the construction and maintenance of said system, and enter into contracts with private persons, firms, partnerships, public corporations, and municipal corporations. Taxes may be levied, therefore, on all property in said County, provided, that such taxes shall not exceed five mills upon evaluation of the property. Bonds may be issued for such purposes, and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Consti tution of the State of Georgia at an election called and held by the Governing Authority of the County of Oconee and only those voters residing in such County shall participate in such election held for that purpose. Any other provisions of the Constitution to the con trary, notwithstanding, the Governing Authority of said County may issue bonds in an amount up to ten per cent (10%) of the assessed evaluation of the property located therein subject to tax ation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Oconee County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided, further, that the Home stead 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 the operation and mainte-
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JOURNAL OF THE HOUSE,
nance of the system or for debt services. Provided, further, that for the purposes hereinabove enumerated, the said County of Oconee shall have the power of eminent domain and may exercise same upon the payment of just and adequate compensation as provided by the Constitution and the laws of this State. The planning, con struction and establishing of such fire protection system may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Laws of 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 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 a fire protection system for Oconee County and the levying of taxes and the issuance of bonds and revenue bonds to operate, maintain and administer said fire protection system.
"Against ratification of amendment to the Constitution so as to provide for a fire protection system for Oconee County and the levying of taxes and the issuance of bonds and revenue bonds to operate, maintain and administer said fire protection 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 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:
TUESDAY, MARCH 5, 1963
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Turner Cullens Da vis Dean of Polk Dicus Dixon Duncan of Pannin Duncan of Carroll
Echols
Etheridge
Flournoy
Floyd
Fowler of Douglas
Fowler of Treutlen
Fulford
Funk
Greene
Hall
Harrell
Harrington
Harris
Henderson
Herndon
Hill Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Monroe McClelland McKemie Melton Milford
Milhollin
Mitchell
Mixon
Moate
Moore
Morgan of Gwinnett
Morgan of Newton
Murphy
Nessmith
Newton of Jenkins
Odom
Paris
Parker
Partridge
Perry of Marion
1071
Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Reaves Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shea Shuman Simmons Sinclair Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor
Vaughn
Waldrop
Walker
Ware
Warren
Watts
Wells of Peach
Wells of Oconee
Wells of Camden
White
Williams of Coffee
Wilson of Brantley
Wilson of Cobb
Woodward
1072
JOURNAL OP THE HOUSE,
Those not voting were Messrs.:
Acree Alien Bagby Bell Brackin Branch Brooks of Oglethorpe Brooks of Fulton Causby Coker of Cherokee Conger Conner Crummey Deen of Bacon DeVane Dorminy Fleming Flynt Gibbons
Griffin Groover Hale Hull Jones of Liberty Jordan of Floyd Lambert Lee of Clinch Leonard Logan McCracken McDonald McGarity Meeks Mullis Newton of Colquitt Overby Pafford Payton
Phillips Pickard Raulerson Rhodes Rutland Scarborough Simpson Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Steis Teague Underwood of
Montgomery Watson Wilkes Williams of Hall Mr. Speaker
On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority was adopted.
The following Resolutions of the House and Senate were read and adopted:
HR 193. By Messrs. Ware of Troup, Blalock of Clayton, and others:
A RESOLUTION
Extending congratulations to Honorable and Mrs. William J. (Bill) Lee; and for other purposes.
WHEREAS, Honorable William J. (Bill) Lee, Representative from Clayton County, and his lovely wife, Mary, have recently become the proud adoptive parents of a fine young son, William Rex Lee; and
WHEREAS, the members of this Body share with them their happi ness in this wonderful event.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body extends its sincerest congratula tions to Honorable and Mrs. William J. (Bill) Lee on this momentous occasion, and the members of this House express their most heartfelt wishes for a long and happy parenthood for this most devoted and deserving couple.
TUESDAY, MARCH 5, 1963
1073
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. William J. (Bill) Lee.
SR 54. By Senator Kidd of the 25th:
A RESOLUTION
Relative to a basketball game between the members of the Senate and the members of the House of Representatives; and for other purposes.
WHEREAS, there is at present a fund raising drive by the Georgia Heart Association and its affiliates throughout the State of Georgia; and
WHEREAS, large sums are expended each year in the State of Georgia in research and treatment of heart diseases and related diseases; and
WHEREAS, many State and National figures, including the Presi dent of the United States, are disturbed about the physical condition of the majority of the population of the United States; and
WHEREAS, the members of the General Assembly because of their long hours of deliberations during the Sessions of the General Assembly and the committees relative thereto receive a very small amount of physical exercise.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Senate do hereby challenge the members of the House of Representatives to choose from its membership a basketball team with a sufficient number of sub stitutes to meet a basketball team to be chosen from the Senate together wih a sufficient number of substitutes in a basketball contest.
BE IT FURTHER RESOLVED that a six (6) man Committee be created consisting of three (3) members of the Senate to be appointed by the President and three (3) members of the House of Representatives to be appointed by the Speaker to confer with the Athletic Association of the Georgia School of Technology for the purpose of acquiring the use of the Alexander Memorial Coliseum as the site of said contest.
BE IT FURTHER RESOLVED that said Committee be authorized and empowered to set and determine the admission fee to be charged to said game and that the funds derived from said admission fee be donated to the Georgia Heart Association.
BE IT FURTHER RESOLVED that the justices of the Supreme Court and Court of Appeals are hereby cordially invited to officiate at said basketball contest.
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JOURNAL OF THE HOUSE,
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to make appropriate copies of this Resolution available to the members of the Committee appointed herein and to such other interested persons that may request same.
HR 204. By Mr. Warren of Wayne:
A RESOLUTION
Relative to a basketball game between the members of the Senate and the members of the House of Representatives; and for other purposes.
WHEREAS, the House of Representatives has received a challenge from the Senate to participate in a basketball game for the benefit of the Georgia Heart Association and its affiliates throughout the State of Georgia; and
WHEREAS, the author of said Resolution is not known for the magnanimity of his heart; and
WHEREAS, the physical condition of the members of the House of Representatives is indeed in fact far superior to the physical con dition, as well as mental condition, of the Senate; and
WHEREAS, this House considers that challenge an act of gross impudence on the part of the Senate; and
WHEREAS, despite the fact that the Constitution of this State requires that all fund raising measures shall originate in the House
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
(a) that the challenge of the Senate as extended through Senate Resolution 54 is hereby accepted;
(b) the Speaker of the House shall appoint a Committee of three from this body to act as the official "second" of the show in connection with the proposed dual;
(c) Said committee of three as directed and authorized to agree on rules for said game, including time, place and admission price, pro vided, however in keeping with the established tradition of the General Assembly the officials for said game shall be three from the House, with whistles, and two from the Senate, without whistles.
(d) Each member of the House agrees to participate for at least three minutes in said game and will be responsible for his own uniform, provided, however the gentleman from Paulding is admonished not to appear in his clown suit, and all "long-handled drawers" shall be considered out of uniform and a personal foul.
TUESDAY, MARCH 5, 1963
1075
Under the General Order of Business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 105. By Messrs. Parker of Screven, Lane of Bulloch and others:
A Bill to he entitled an Act to amend Code Section 53-102, relating to persons able to contract marriage; and for other purposes.
The following Committee substitute was read and adopted:
A BILL TO BE ENTITLED
An Act to amend Code Section 53-102, relating to persons able to contract marriage, as amended by an Act approved February 22, 1957 (Ga. Laws 1957, p. 83), and an Act approved February 27, 1962 (Ga. Laws 1962, p. 138), so as to change the provisions relating to proof of age and proof of pregnancy; to provide that underage unwed parents of a living child may contract for marriage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 53-102, relating to persons able to contract marriage, as amended by an Act approved February 22, 1957 (Ga. Laws 1957, p. 83), and an Act approved February 27, 1962 (Ga. Laws 1962, p. 138), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 53-102 to read as follows:
"53-102. To be able to contract marriage, a person must be of sound mind; if a male, at least 18 years of age, and if a female, at least 16 years, and laboring under none of the following dis abilities, viz.:
"1. Previous marriage undissolved. The dissolution of a pre vious marriage in divorce proceedings must be affirmatively estab lished and will not be presumed. Nothing herein shall be construed to affect the legitimacy of children.
"2. Nearness of relationship by blood or marriage, as here inafter explained.
"3. Impotency.
"Both the male and female, at the time of application for a marriage license, must furnish the Ordinary with documentary evidence of proof of age in the form of a birth certificate, baptismal certificate or driver's license. In the event an applicant does not possess either of the above and appears to the Ordinary to be at least 40 years of age, the applicant, in lieu of furnishing the Ordi-
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nary with one of the above, may give an affidavit to the Ordinary stating the applicant's age.
"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 marriage regardless of age.
"Provided further, however, that the age limitations contained herein shall not apply where both applicants are the parents of a living child born out of wedlock, in which case the parties may contract marriage regardless of age."
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 substitue, 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 Alien Anderson Andrews Arnsdorff Barber Bedgood Bell Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Branch Brantley Brown Busbee Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens
Dean of Polk Been of Bacon Dicus Dixon Dorminy Duncan of Fannin Echols Fleming Flournoy Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Harrington Harris Henderson House Houston Hull Hurst Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee
Jordan of Calhoun Keadle Keyton King Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Mackay Matthews of Clarke McClelland McCracken McKemie Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett
TUESDAY, MARCH 5, 1963
Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson
Roberts Rodgers Roper Rowland Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Spikes Stalnaker Story
1077
Tabb Towson Tucker of Catoosa Underwood of Taylor Waldrop Walker Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs. :
Acree Bagby Ballard Baughman Blair Bowen of Randolph Brackin Brooks of Oglethorpe Brooks of Fulton Bynum Byrd Caldwell Chandler Conger Conner Crummey Davis DeVane Duncan of Carroll Etheridge Floyd Flynt Fowler of Douglas Groover Hale Hall
Harrell Herndon Hill Horton Isenberg Johnson of Warren Jones of Liberty Jordan of Floyd Kelly Killian Laite Lambert Lee of Clinch Logan Lokey Lowrey Matthews of Colquitt McDonald McGarity Meeks Morgan of Newton Mullis Murphy Pafford Payton Perry of Evans
Phillips Pickard Raulerson Russell Rutland Simmons Singer Smith of Emanuel Smith of Whitfield Snow Steis Stuckey Teague Todd Tucker of Burke Twitty Underwood of
Montgomery Vaughn Ware Watson Williams of Hall Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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HB 199. By Messrs. Dicus of Muscogee, Killian of Glynn and others:
A Bill to be entitled an Act to require that a sign reading "Communist made products sold here", shall be displayed at all entrances of whole sale and retail establishments in this State which offers goods produced in Communist countries; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Special Judiciary moves to amend HB 199 as follows:
(a) By inserting in line 3 of Section 1 after the word "products" the following: "while the same are labeled as being".
(b) By striking Section 2 in its entirety and renumbering the remaining section accordingly.
(c) By adding a new section to read as follows: "This Act shall become effective July 1, 1963."
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 Alien Arnsdorff Ballard Barber Baughman Branch Brantley Brown Busbee Caldwell Causby Chance Clarke of Monroe Deen of Bacon Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Eehols
Fleming Flournoy Fowler of Douglas Fulford Funk Gibbons Greene Griffin Henderson Herndon Hill Horton Hull Hurst Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Killian King Kirkland
Knight of Berrien Lambert Lane Lee of Clinch Lee of Dougherty Lewis Lindsey Matthews of Colquitt McClelland Mixon Moate Morgan of Newton Murphy Nessmith Odom Pafford Paris Partridge Perry of Marion Pickard Rainey
Reaves Rhodes Richardson Roberts Roper Rowland Sangster Scarborough Sewell Shaw
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Shea Simmons Sinclair Smith of Whitfield Spikes Stalnaker Steis Tabb Teague Todd
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Twitty Underwood of Taylor Waldrop Walker Wells of Oconee Wells of Camden Wilkes Williams of Coffee Woodward
Those voting in the negative were Messrs.:
Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bynum Coker of Cherokee Coker of Turner Dean of Polk Hall Harris House Houston
Johnson of Warren Knight of Laurens Leonard Mackay Matthews of Clarke Meeks Melton Milford Mitchell Moore Morgan of Gwinnett Perry of Evans Ponsell
Poole Pope Poss Smith of Forsyth Smith of Emanuel Smith of Habersham Story Towson Tucker of Catoosa Tucker of Burke Watson Wells of Peach Wilson of Brantley
Those not voting were Messrs.:
Acree Anderson Andrews Bagby Bedgood Bell Black Blair Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Byrd Carr Chandler Clark of Catoosa Conger Conner Crummey Cullens Davis DeVane Etheridge Floyd Flynt
Fowler of Treutlen Groover Hale Harrell Harrington Isenberg Johnson of Elbert Jones of Liberty Jordan of Floyd Keadle Kelly Keyton Laite Lee of Clayton Logan Lokey Lowrey McCracken McDonald McGarity McKemie Milhollin Mullis Newton of Jenkins Newton of Colquitt
Overby Parker Payton Peterson Phillips Raulerson Rodgers Russell Rutland Shuman Simpson Singer Smith of Telfair Snow Stuckey Underwood of
Montgomery Vaughn Ware Warren Watts White Williams of Hall Wilson of Cobb Mr. Speaker
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On the passage of the Bill, as amended, the ayes were 92, nays 39.
The Bill, having failed to receive the requisite constitutional majority, was tost.
Mr. Dicus of Muscogee served notice that at the proper time he would ask the House to reconsider its action in failing to give HB 199 the requisite con stitutional majority.
HB 331. By Messrs. Echols of Upson, Paris of Barrow, Smith of Habersham and Story of Gwinnett:
A Bill to be entitled an Act to amend an Act regulating malt beverages, so as to provide that the presence of 864 fluid oz. of malt beverage shall be prima facie evidence of possession of such beverages for purposes of sale; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Barber Baughman Bell Blalock of Coweta Blalock of Clayton Branch Brantley Brown Busbee Bynum Caldwell Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Davis Dean of Polk
Dixon Dorminy Duncan of Pannin Duncan of Carroll Echols Flournoy Fowler of Douglas Gibbons Greene Griffin Harrell Harris Henderson Herndon House Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Kelly
Killian Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Mackay Matthews of Colquitt McClelland McCracken McKemie Meeks Milford Milhollin Mixon Moore
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Morgan of Gwinnett Murphy Nessmith Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Marion Perry of Evans Ponsell Poole Pope Rainey Rhodes
Roberts Rodgers Roper Scarborough Sewell Simmons Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story Tabb Teague
1081
Todd Towson Tucker of Catoosa Underwood of
Montgomery Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were:
Dicus Hurst
Moate Shea
White
Those not voting were Messrs.:
Acree Andrews Arnsdorff Bagby Ballard Bedgood Black Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Byrd Carr Chandler Coker of Turner Conger Conner Crummey Cullens Been of Bacon DeVane Etheridge Fleming Floyd Flynt Fowler of Treutlen
Fulford Funk Groover Hale Hall Harrington Hill Horton Houston Hull Isenberg Jones of Liberty Jones of Worth Jordan of Floyd Keadle Keyton King Laite Lambert Leonard Logan Lowrey Matthews of Clarke McDonald McGarity Melton Mitchell Morgan of Newton Mullis Newton of Jenkins
Parker Payton Peterson Phillips Pickard Poss Raulerson Reaves Richardson Rowland Russell Rutland Sangster Shaw Shuman Simpson Sinclair Singer Smith of Emanuel Stalnaker Stuckey Tucker of Burke Twitty Underwood of Taylor Walker Ware Warren Watts Williams of Hall Mr. Speaker
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On the passage of the Bill, the ayes were HO, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Sangster of Dooly stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 331.
Mr. Moate of Hancock stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye" on HB 331.
HB 5. By Messrs. Smith of Grady, Bolton of Spalding, Rutland and Mackay of DeKalb, Busbee of Dougherty, Andrews of Stephens and Steis of Harris:
A Bill to be entitled an Act creating the Georgia Department for Youth; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to create within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, and among other things, to define powers, duties and functions of the Division, the Board and the officials thereof; to define certain terms; to provide for payment of compensation; to provide for employment of personnel; to place the Division and employees thereof under the State Merit System and the State Employees' Retirement System; to provide for establishment of job qualifications and compensation; to designate the State and local agencies to provide and administer public child welfare and youth services, and to authorize expenditure of local, State and Federal funds therefor; to provide for reimbursement of local agencies; to provide for coordination of welfare programs, and for meeting terms of Federal grants; to transfer certain facilities, personnel, wards, funds and functions from other State departments and agencies to the Division for Children and Youth; to prescribe duties and functions of the Division; to authorize use of existing institutions and agencies in administering program; to provide for diagnosis, treat ment and handling of delinquents committee to the Division; to pro vide for placement of children, licensing and inspection of child welfare agencies, and for hearings; to provide for security for placement in this State of out-of-state children; to provide for misdemeanor punish ment in certain instances; to provide for power to contract, power to accept and use gifts and power to institute and intervene in legal pro ceedings; to provide for preparation and submission of an annual
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report, and a proposed budget as required by law; to provide for con tinued validity of charters of certain charitable institutions; to provide for a severability clause; to repeal certain laws and acts; to repeal conflicting laws; to provide for an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Short Title.--The short title of this Act shall be the "Children and Youth Act".
SECTION 2
Purpose.--The purpose of this Act is to promote, safeguard and protect the well-being and general welfare of children and youth of the State through a comprehensive and coordinated program of public child welfare and youth services, providing for: social services and facilities for children and youth who require care, control, pro tection, treatment or rehabilitation, and for their parents; setting of standards for social services and facilities for children and youth; cooperation with public and voluntary agencies, organizations, and citizen groups in the development and coordination of programs and activities in behalf of children and youth; and promotion of community conditions and resources that help parents to discharge their respon sibilities for the care, development and well-being of their children. It is the further purpose of this Act to provide a qualified group of citizens and professional leadership which will identify and study the problems of youth, recommend and effect possible solutions, and work actively for state and local action to prevent children and youth from becoming inmates of our prisons, patients in our mental hospitals, and persons dependent upon public assistance programs.
SECTION 3
Definitions.--The following words and phrases as used in this Act shall, unless a different meaning is required by the context, have the following meaning:
(a) "Department" shall mean the Georgia Department of Family and Children Services.
(b) "Division" shall mean the Division for Children and Youth within the Georgia Department of Family and Children Services.
(c) "Board" shall mean the State Board for Children and Youth.
(d) "Chairman" shall mean the Chairman of the State Board for Children and Youth.
(e) "Director" shall mean the Director of the Division for Children and Youth.
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(f) "Child Welfare and Youth Services" shall mean duties and functions authorized or required by this Act to be provided by the Division with respect to: establishment and enforcement of standards for social services and facilities for children and youth which supplement or substitute for parental care and supervision for the purpose of preventing or remedying or assisting in the solution of problems which may result in neglect, abuse, exploitation or delinquency of children and youth; protecting and caring for homeless, dependent and neglected children and youth; protecting and promoting the welfare of children; of working mothers; providing social services to children and youth and their parents, and care for children and youth and mothers bearing children out of wedlock; promotion of coordination and cooperation among organizations, agencies and citizen groups in community plan ning, organization and development of such services; and otherwise protecting and promoting the welfare of children and youth, including the strengthening of their homes where possible, or where needed, the provision of adequate care of children and youth away from their homes in foster family homes or day-care or other child-care facilities.
(g) The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this Act.
(h) "Group care facility" shall mean a place other than a foster family home providing care for groups of children and youth.
(i) "Maintenance" shall mean all general expenses for care such as board, shelter, clothing, medical, dental, and hospital care, trans portation and other necessary or incidental expenses.
(j) "Shelter" or "shelter care" shall mean temporary care in a non-security or open type of facility.
(k) "Detention" or "detention care" shall mean temporary care in a facility affording secure custody.
(1) "Legal custody" shall mean a legal status created by court order embodying the following rights and responsibilities: the right to have the physical possession of the child or youth; the right and the duty to protect, train and discipline him; the responsibility to provide him with food, clothing, shelter, education and ordinary medical care; and the right to determine where and with whom he shall live; Pro vided, that these rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person of the child or youth, and subject to any residual parental rights and responsibilities.
(m) "Probation" shall mean a legal status created by court order following adjudication in a delinquency case, whereby a child or youth is permitted to remain in the community, subject to supervision by the court or an agency designated by the court and subject to being returned to court at any time during the period of probation.
(n) "Protective supervision" shall mean a legal status created by court order following adjudication in a neglect case whereby a child's
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1085
place of abode is not changed but assistance directed at correcting the neglect is provided through the court or an agency designated by the court.
(o) "Homemaker service" shall mean a service provided by a woman selected for her skills in the care of children and home manage ment and placed in a home to help maintain and preserve the family life during the absence or incapacity of the mother.
(p) "In loco parentis" shall mean a quasi-parental relationship inferred from and implied by the fact that a child or youth has been taken into a family and treated like any other member thereof, unless an express contract exists to the contrary.
(q) "Delinquent child or youth" means any person so adjudged under the provisions of the Juvenile Court statute.
(r) "Child Welfare Agency", as used in Section 14 of this Act, shall mean: "child-caring institution", "child-placing agency", "ma ternity home", "family boarding home", "family day-care home", and "day-care center".
(s) "Child-caring institution" shall mean and include any insti tution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full time care for children under seventeen (17) years of age outside of their own homes, subject to exceptions as may be provided in rules and regulations of the Board.
(t) "Child-placing agency" shall mean any institution, society, agency, corporation or facility which places children in foster homes for temporary care or adoption.
(u) "Maternity home" shall mean any place in which any person, society, agency, corporation or facility receives, treats or cares for, within a period of six (6) months, more than one (1) illegitimately pregnant woman, either before, during or within two (2) weeks after childbirth. This definition shall not include women who receive ma ternity care in the home of a relative, or in general or special hospitals licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children is only brief and incidental.
(v) "Family boarding home" shall mean a home operated by any person who receives therein for pay three (3) or more children under seventeen (17) years of age, who are not related to such person and whose parents or guardians are not residents of the same house, for supervision, care, lodging and maintenance with or without transfer of custody.
(w) "Family day-care home" shall mean a home operated by any person who receives therein for pay three (3) or more children under seventeen (17) years of age, who are not related to such person and whose parents or guardians are not residents in the same house, for daytime supervision and care, without transfer of custody.
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(x) "Day-care center" shall mean any place operated by a person, society, agency, corporation or institution, or any other group wherein are received for pay seven (7) or more children under eighteen (18) years of age for group care, without transfer of custody, for less than twenty-four (24) hours per day.
SECTION 4
Establishment of Division and Board; Composition, Organization, Meetings and Compensation of Board.--
(a) Division and Board created; Composition of Board.--To ef fectuate the purpose of this Act, there is hereby created within the Department of Family and Children Services a Division to be known as the Division for Children and Youth. The Division shall be under the supervision and direction of a State Board for Children and Youth. The State Board for Children and Youth, hereby created, shall be com posed of fifteen (15) members, fourteen (14) of whom shall be ap pointed by the Governor by and with the advice and consent of the Senate and one of whom shall be the Director of the Department of Family and Children Services who shall serve as Chairman of the Board and preside at all meetings of the Board.
(b) Appointive Members; Terms; Vacancies.--Appointive mem bers of the Board shall be influential and respected citizens in their respective communities who are recognized for their demonstrated in terest in children and youth and in all matters pertaining to the better ment of family life in Georgia. The term of office of appointive mem bers of the Board shall be for six (6) years, except that initially five (5) members shall be appointed for six (6) year terms; five (5) mem bers for four (4) year terms; and four (4) members for two (2) year terms, each of said initial terms to date from July 1, 1963. Ap pointive members of the Board shall hold office for the term of their office and until their successors are appointed and qualify, and shall be eligible for reappointment. In case of a vacancy on the Board, by death, resignation, or any cause whatever, of an appointive member of the Board, the Governor shall appoint a successor member to the Board for the unexpired term by and with the advice and consent of the Senate. All appointments to the Board made by the Governor at a time when the General Assembly is not in session, including the initial ap pointments to the Board, shall be effective until the next regular ses sion of the General Assembly, at which time said names shall be sub mitted to the Senate for confirmation. Members of the Board shall take an oath to faithfully discharge the duties of their office, and as may otherwise be required by law.
(c) Ex Officio Members; Duties.--The Director of the Department of Public Health, the State Superintendent of Schools, the Commissioner of Labor, the Director of Corrections, the Commissioner of Agriculture, the Director of the Georgia Forestry Commission, the Director of Pro bation, and the Executive Secretary to the Governor shall serve as ex officio members of the State Board for Children and Youth. They shall attend meetings of the Board whenever possible, but shall not have a vote. They shall, whenever the duties of their office permit and upon
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request of the Board, serve as ex officio members of committees ap pointed by the Board. They shall provide advice and counsel to the Board and to the Director of the Division for Children and Youth. It shall be their further duty, and the duty of all other departments and agencies and officers and employees of State government, to assure the most effective coordination and use of State resources, personnel and facilities for the benefit of children and youth and to assist the Division in effectuating the purposes of this Act by making available to the Division, upon request of the Board or the Director and to the extent permissible by law, the services, resources, personnel and facilities of their respective departments and agencies of State government.
(d) Meetings; Committees.--The Board shall meet in regular ses sion at least once during each calendar quarter of the year, and may hold additional regular or adjourned meetings of the Board at such times as the Board may provide. Called meetings of the Board shall be held at the call of the Chairman or upon request therefor made to the Chairman by any five (5) members of the Board. The Executive Secretary of the Board shall give written notice of the time and place of all meetings of the Board to each member and ex officio member of the Board. No official business of the Board shall be transacted ex cept at a regular, called, or adjourned meeting of the Board at which a quorum of the Board is present. Eight members of the Board shall constitute a quorum for the transaction of business. All meetings held for the conduct of official business of the Board shall be held at such place at the State Capitol as may be designated and made available by proper state authorities. Such meetings of the Board shall be open to the public, except at such times when matters not open to public inspection pursuant to provisions of this Act are before the Board for consideration. The Board shall, at its first meeting and from time to
time thereafter as may be necessary, organize itself in such manner as the Board may deem most suitable for the performance of its duties and responsibilities. The Board is authorized and empowered to appoint committees composed of one (1) or more members and ex officio mem bers of the Board as a majority vote of the Board may determine necessary for the performance of specific duties enumerated. The Board may, by a majority vote, authorize a committee to travel within this State to inspect institutions and facilities under its jurisdiction and control, and hold committee meetings and travel anywhere within and without this State when the same is necessary to obtain information for the future guidance of the Board in the performance of its duties and responsibilities.
(e) Per Diem; Expenses.--Appointive members of the Board shall receive per diem of twenty ($20.00) dollars for every day traveling to and from and in attendance at meetings of the Board and while meeting or traveling as a member of a committee of the Board or State business first authorized by the Board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The Chairman of the Board and ex officio members of the Board shall not receive per diem but shall receive reimbursement for actual expenses necessarily incurred in connection with their travel to and from and attendance at meetings of the Board and while meeting or traveling as a member of a com mittee of the Board on State business first authorized by the Board. Per diem and reimbursement for actual expenses shall be paid from
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funds appropriated to the Division for Children and Youth upon pres entation of vouchers approved by the Chairman of the Board and signed by the Executive Secretary of the Board.
(f) Executive Secretary.--The Director of the Division for Chil dren and Youth shall serve as Executive Secretary of the Board, attend all meetings of the Board, keep adequate records and minutes of all business and official acts of the Board, and maintain the same in the office of the Director.
SECTION 5
Director of Division--
(a) Director: Compensation; Qualifications. -- There shall be a Director of the Division for Children and Youth. The Director shall be nominated by the Board and approved and appointed by the Governor to serve at the pleasure of the Board. The Director shall devote full time to the work of the Division, and shall be paid a salary to be fixed by the Board. Any person, in order to be eligible for appointment to the office of Director, shall be a person of good moral character, at least thirty (30) years of age, a graduate of an accredited college or university with specialization in social studies or related subjects and shall have had at least five (5) years work experience in correctional, social welfare, or educational fields, or other equivalent work experience. Qualifications of the Director provided herein are minimum qualifica tions, and the Board is hereby authorized to prescribe additional and higher qualifications as it may deem desirable. The Director shall be allowed reimbursement for travel and other expenses necessarily in curred in the performance of his duties the same as other State officers and employees and members of the Board and shall receive payment of same in the manner herein provided for members of the Board.
(b) Bond; Oath.--Before entering upon the discharge of his offi cial duties, the Director shall give bond payable to the Governor and his successors in office and conditioned such that he will truly and faithfully account for all monies coming into his hands by virtue of his office during the time that he shall continue therein and that he will faithfully discharge all and singular the duties required of him by virtue of his office during the time that he shall continue therein. The premium cost of such bond shall be paid out of funds made available to the Division. The Director shall take an oath to faithfully discharge the duties of his office, to account for all monies coming into his hands by virtue of his office, and as may otherwise be required by law.
(c) Office.--The Division and the Director shall have such office space in a suitable building site as may be designated by proper State authorities.
SECTION 6
Powers, Duties and Responsibilities of the Board.--
(a) Administrative Board; Policies, Rules and Regulations.--The Board shall serve as an administrative board for the Division for Chil-
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1089
dren and Youth. The Board shall perform duties required of it by provisions of this Act, and shall, in addition thereto, be responsible for adoption of all policies and promulgation of all rules and regulations not in conflict with provisions of this Act that may be necessary and appropriate to the administration of the Division, to the accomplish ment of the purposes of this Act, and to the performance of the duties and funcions of the Divisions as set forth in this Act.
(b) Operation of Facilities and Institutions; Purpose.--The Board shall establish rules and regulations for the government, operation and maintenance of all training schools, facilities and institutions now or hereafter under the jurisdiction and control of the Board, bearing in mind at all times that the purpose for existence and operation of such schools, facilities and institutions, and all activities carried on therein, shall be to carry out the rehabilitative program provided for by this Act, and to restore and build up the self-respect and self-reliance of children and youth lodged therein so as to qualify and equip them for good citizenship and honorable employment.
SECTION 7
Powers, Duties and Responsibilities of the Director.--The Director shall be the executive head and administrative officer of the Division for Children and Youth. He shall perform the duties required of him by provisions of this Act, and as may otherwise be required of him by policies, rules, and regulations established or promulgated by the Board. He is charged with administration and supervision of the Division and the facilities and institutions of the Division, and shall enforce the pro visions of this Act and the policies, rules and regulations of the Board. He is authorized and empowered, subject to the provisilons of this Act and such policies, rules and regulations of the Board, to exercise all authority and power and perform all duties, functions and responsibili ties vested in the Division by provisions of this Act or any other pro vision of law, State or Federal, and may delegate performance of the same or any part thereof to any one (1) or more employees of the Divi sion. He shall prescribe such forms, establish such procedures, and secure such reports, data and information from State, county and muni cipal officials and employees as may be necessary and appropriate to the efficient administration of the Division, to the ultimate accomplish ment of the purposes of this Act, and to the performance of duties and functions of the Division as set forth in this Act. The Director of the Division shall perform the above duties and functions under the supervision of the Director of the Department of Family and Children Services.
SECTION 8
Employees: Employment and Discharge, Conformity to Merit System and Employees Retirement System.--
(a) Merit System.--The Division shall, immediately upon its creation, organize and thereafter conform itself in all respects to the State Merit System of Personnel Administration. All employees f>f the Division, except the members of the Board, shall be governed by
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such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualifications, compensation, seniority privileges, tenure and other employment standards as may now or hereafter be established under the State Merit System of Personnel Administration Act approved February 4, 1943 (Ga. L. 1943, p. 171) providing for the establishment of a Merit System Council, as may now or hereafter be amended. The Division shall likewise conform to Federal standards for a merit system of personnel administration in the respects necessary for receiving Federal grants and the Board is hereby authorized and. empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. Personnel who enjoy merit system status in the Department of Family and Children Services or in any other department or agency or State government who are transferred by provisions of this Act to the Division for Children and Youth shall retain their status in equivalent positions, but such transfer of status shall not operate to prevent reorganization of functions and consequent reclassification of positions by the Board in conjunction with the Merit System Council.
(b) Employees: Qualifications and Compensation.--The Division is hereby authorized to employ, on a full or part-time basis, such medi cal, psychiatric, social work, supervisory, institutional, and other pro fessional personnel, clerical and other employees, as may be necessary to discharge the duties of the Division. The Division is authorized to contract for professional services as may be necessary. The Board shall, in conjunction with the Merit System Council, establish education, ex perience, and age qualifications for all professional personnel to be employed by the Division and for superintendents of training schools and other facilities and institutions now or hereafter under the juris diction and control of the Division, and shall prescribe the salaries, compensation and emoluments of all professional, clerical and other employees of the Division in conformity with requirements and standards of the State Merit System.
(c) Employees; Employment and Dismissal.--Superintendents of training schools and other facilities and institutions now or hereafter under the jurisdiction and control of the Division shall be employed and dismissed for cause by the Board on the recommendation of the Director. Professional personnel and other employees of such training schools, facilities and institutions shall be employed and dismissed for cause by the Director on the recommendation of the superintendent. All other professional personnel and all other employees of the Divi sion shall be employed and dismissed for cause by the Director in accordance with rules and regulations as may be promulgated by the Board in regard thereto. Employees of the Division shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration.
(d) Employees' Retirement System.--All personnel of the Division, except members of the Board, are hereby authorized to be members of the Employees' Retirement System of Georgia established by an Act approved February 3, 1949, (Ga. L. 1949, p. 138), as the same may now or hereafter be amended. All rights, credits and funds in said Retirement System which are possessed by State personnel transferred by provisions of this Act to the Division for Children and Youth, or
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1091
otherwise had by persons at the time of employment with the Division, are hereby continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Division for Children and Youth.
SECTION 9
State and Local Development and Administration of Public Child Welfare and Youth Services.--
(a) State Agency.--The Division for Children and Youth is hereby designated the exclusive State agency:
(1) For development and administration of a comprehensive State plan and program providing public child welfare and youth services provided for in Title V (Part 3) of Public Law 271 en acted by the 74th Congress of the United States and approved on August 14, 1935, as amended, known as the "Social Security Act", and relating to importation of children; licensing and supervising private and local child caring agencies and institutions; care of homeless, dependent, neglected, and delinquent children in foster family homes or in institutions; protection of children for adoption of those of illegitimate birth; operation of State institutions for children; cooperation in the supervision of juvenile probation; pre vention and treatment of juvenile delinquency, and establishing and extending services for protection and care of children and youth in danger of becoming delinquent.
(2) For administering and supervising, and discharging all duties required by, any other Act of Congress and any amend ments thereto that may now or hereafter allot Federal funds for public child welfare and youth services coming within the scope of this Act.
(3) For administering, and supervising local administration of, public child welfare and youth services provided for in this Act.
(4) For receiving and expending on behalf of the State all funds which now or hereafter may become available or allotted to the State of Georgia by virtue of any appropriation or Act of Con gress or regulation of the Federal government, its agencies and instrumentalities, or be appropriated by the General Assembly, for public child welfare and youth services to be administered by the Division as provided for in this Act. The Division is hereby authorized to use so much of funds as may be appropriated by the General Assembly for the purpose of matching Federal grants for public child welfare and youth services provided for in this Act as may be necessary to secure such grants and derive full ad vantage to the State of benefits contemplated under the terms of such grants, and to comply with the terms of such grants.
(b) Local Agency.--County or district departments of family and children services are hereby designated the local public agencies to
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administer locally the State plan and program for public child welfare and youth services to be developed in accordance with provisions of subparagraph (a) (1) of this Section above, and other public child welfare and youth services provided for in this Act, and shall administer the same in accordance with rules and regulations to be established by the State Board for Children and Youth. The Division for Children and Youth shall aid, assist, supervise, coordinate and direct the ad ministering of such public child welfare and youth services by county or district departments of family and children services and enforce' the rules and regulations of the Board in regard thereto.
(c) Local Finances; Reimbursement by State.--County govern ments are hereby authorized and empowered to allocate public monies to finance county public child welfare and youth services provided for in this Act. The county commissioner or board of commissioners, or the constituted fiscal or financial agent of the county, shall make ap propriations to maintain necessary child welfare and youth services within the county, and to defray the cost of administration of such services. In the case of a district family and children services depart ment, each county forming a part of the district shall appropriate funds sufficient in amount to defray the cost of child welfare and youth services of the individual county, and the administrative cost of the district department shall be defrayed by all of the counties in the dis trict in the proportion that the child population of the county bears to the child population of the entire district. When the county depart ment meets personnel standards set by the Division for Children and Youth and is operated in accordance with rules and regulations of said Division, as regards child welfare and youth services, the Division may reimburse the county government for a portion of its service and ad ministrative costs, the exact proportion to be determined by the Divi sion, considering the Federal and State funds available for distribution, the child population of the county, the extent of need for such services, the per-capita income within the county, the financial condition of the county government, and the ability of the county to use such funds to establish, extend and strengthen such services. For the purpose of this Act, administrative costs shall mean salaries and traveling ex penses of the director of family and children services and other em ployees of the staff of the county or district department engaged in the performance of child welfare and youth services provided for under the terms of this Act. Suitable office space and necessary equipment and supplies shall be provided the county department by the county commissioner or commissioners, or the constituted fiscal or financial agent of each respective county.
(d) Services to Families with Dependent Children.--Nothing in this Act shall be deemed to vest in the Division any authority for development and administration of a State plan and program providing aid to families with dependent children provided for in Title IV of Public Law 271 enacted by the 74th Congress of the United States, as amended, including child welfare services provided for in amendments to said public law, exclusive authority for which is now vested in the State Department of Family and Children Services and the Director thereof pursuant to provisions of the Aid to Dependent Children Act of 1937 (Ga. L. 1937, p. 630), as amended. Public child welfare and youth services similar to those to be provided by the Division under
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1093
provisions of this Act and pursuant to Title V (Part 3) of said Public Law 271, shall, however, by cooperative agreement or contract by and between the Division and said Department, and county or district de partments of family and children services be made available to recipients of, and persons who have been or are likely to become recipients of assistance under the aid to families with dependent children program provided for in the Aid to Dependent Children Act of 1937 (Ga. L. 1937, p. 630), and related Federal laws, to include foster home care and other child care referred to in Section 408 of Title IV of the Social Security Act. The Division is hereby designated the "State public-welfare agen cy" referred to in Section 522 (a) of Title V (Part 3) and Section 408 (a) and (f) of Title IV of said Social Security Act.
(e) Coordination of Welfare Programs.--The Director of the Divi sion for Children and Youth and the Director of the Department of Family and Children Services shall, in developing and administering the State plans and programs referred to in subparagraphs (a) (1) and (d) of this Section above, provide by cooperative agreement, and contract where necessary, for coordination of said respective plans and programs with a view toward providing welfare and related services on a comprehensive basis that will best promote the welfare of children and their families, and best effectuate and coordinate effective imple mentation and administration of both said plans and programs at the local level of administration.
(f) Autonomy of Division for Development and Administration of Program.--The Division for Children and Youth is constituted a Divi sion of the Department of Family and Children Services for convenience and administrative purposes, and said Department shall furnish per sonnel office and business administration services to the Division in order to effectuate administrative economy in the operation of the Divi sion and to prevent duplication of administrative costs.
(g) Conflict of Laws.--Nothing in this Act is intended to conflict with any provision of Federal law or result in loss of eligibility of the Division, the Department of Family and Children Services, or any department of State government to any Federal funds. In case such a conflict or loss of Federal funds should occur by virtue of enactment of any portion of this Act, then such portion of this Act in conflict with such Federal law or otherwise causing loss of such funds is hereby declared of no effect and void. The Board is authorized and empowered in such event to take such action as may be necessary and to effect such changes within the Division as may be necessary to prevent loss of such funds to the Division, the Department of Family and Children Services, or any other department of State government affected and to secure to the same the full benefit of the Federal laws.
SECTION 10
Transfer of Facilities, Personnel, Wards, Funds and Functions; Legal Successor.--
(a) Facilities.--All facilities, institutions, resources, property and equipment of existing training schools for boys and girls, and specifi-
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cally the Georgia Training School for Girls located at Adamsville, Pulton County, Georgia; the Georgia Training School for Boys located at Milledgeville, Georgia; and the Georgia Training School for Boys and Girls located at Augusta, Georgia, now under the administrative control of the Department of Family and Children Services, and all authority, duties, functions, and responsibilities respecting such facili ties and institutions, and their administration, control, conduct, and operation which, prior to enactment of this Act, was vested in the Department of Family and Children Services, or any other department, . agency, bureau, instrumentality or official of the State of Georgia, are hereby transferred to the Division for Children and Youth, and when ever the Department of Family and Children Services, or any other such department, agency, bureau, instrumentality or official of the State of Georgia is referred to in any Act of the General Assembly in connection with such authority, duties, functions, and responsibilities or administration, control, conduct, or operation of such facilities and institutions, it shall be deemed to refer to the Division for Children and Youth.
(b) Personnel.--All State employees and personnel employed on the effective date of this Act at the facilities and institutions transferred to the Division for Children and Youth by the preceding paragraph, and all employees and personnel of the Department of Family and Children Services who, on the effective date of this Act, are engaged exclusively in performance of public child welfare and youth service work provided for by this Act, are hereby transferred to the Division for Children and Youth.
(c) Wards.--All wards of the Department of Family and Children Services who, on the effective date of this Act, are located at the facilities and institutions transferred to the Division by subparagraph (a) above of this Section and all children and youth otherwise com mitted to such Department as of said date for purposes herein provided for, and all powers and duties formerly held by said Department in respect to the care, protection, custody, training, treatment, transfer, parole, release under supervision, and discharge of such wards, children and youth are hereby transferred to the Division for Children and Youth, and whenever said Department is referred to in any Act of the General Assembly in connection with such wards, children and youth, or in connection with the powers and duties respecting the same referred to above, it shall be deemed to refer to the Division for Children and Youth.
(d) Funds.--All funds from private sources, and all appropriations, allocations and other funds, State or Federal, now available or to become available to the State or to the Department of Family and Chil dren Services by virtue of any statute or constitutional provision, or continuation thereof, for the administration, control, conduct or opera tion of facilities and institutions transferred to the Division by subpara graph (a) above, or for payment of salaries or wages of employees and personnel transferred to the Division by subparagraph (b) above, or for providing care, protection, custody, training, treatment, or other social services to the wards, children and youth transferred to the Divi sion by subparagraph (c) above, or otherwise for the performance of
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1095
powers, duties, and functions herein vested in the Division, are herehy transferred to the Division for Children and Youth.
(e) Functions.--All public child welfare and youth service functions, duties and responsibilities provided for in this Act, excepting those respecting children receiving public assistance under the aid to depend ent children program provided for in the Aid to Dependent Children Act of 1937 (Ga. L. 1937, p. 630), as amended, and related Federal laws, heretofore assigned to and exercised by the Department of Family and Children Services or any other department, agency, bureau, instru mentality or official of the State of Georgia under provisions of any existing Act of the General Assembly of Georgia, are hereby transferred to the Division of Children and Youth, and any reference to such de partment or departments, agency, bureau, instrumentality or official in any such Act of the General Assembly shall be deemed to refer to the Division for Children and Youth.
(f) Legal Successor.--The facilities and institutions transferred to the Division by subparagraph (a) above of this Section are hereby reestablished, reconstituted, and shall continue in existence and opera tion under the jurisdiction and control of the Division for the purposes provided for herein. All liabilities and obligations respecting said facili ties and institutions, contractual or otherwise, are hereby transferred to and shall be assumed by the Division as legal successors thereto. No legal proceedings shall be abated because of any transfers made in this Section, but the appropriate party exercising like authority or per forming like duties, functions or responsibilities shall be substituted in said proceedings.
SECTION 11
Duties and Functions of the Division.--The Division for Children and Youth is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend and improve throughout the State, within the limits of funds appropriated therefor, programs that will provide:
(a) Preventive Services as follows:
(1) Collect and disseminate information about the problems of children and youth and provide consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, neglect, and delinquency among the children of Georgia;
(2) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youth and improve the methods for dealing with these problems;
(b) Child Welfare Services as follows:
(1) Casework services for children and youth and for mothers bearing children out of wedlock, whether living in their own homes
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or elsewhere, to help overcome problems that result in dependency, neglect, or delinquency;
(2) Protective services that will investigate complaints of neg
lect, abuse, or abandonment of children and youth by parents,
guardians, custodians or persons serving in loco parentis, and on
the basis of the findings of such investigation, offer social services
to such parents, guardians, custodians, or persons serving in loco
parentis in relation to the problem, or bring the situation to the
attention of a law enforcement agency, an appropriate court, or
another community agency;
'
(3) Supervise and provide required services and care involved in the inter-state placement of children:
(4) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother;
(B) Boarding care, or payment of maintenance costs, in foster family homes or in group care facilities for children and youth that cannot be adequately cared for in their own homes;
(6) Boarding care, or payment of maintenance costs, for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth;
(7) Day care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision;
(c) Services to Courts, upon their request, as follows:
(1) Accept for casework service and care all children and youth whose legal custody is vested in the Division by the Court;
(2) Provide shelter or detention care for children prior to examination and study or pending court hearing;
(3) Make social studies and reports to the Court with respect to children and youth as to whom petitions have been filed;
(4) Following an adjudication by the Court or discharge from an institution, provide probation services, protective supervision, or after-care (parole) supervision to specific children and youth and report thereon to the Court at such times and in such manner as the Court shall direct;
(5) Provide casework services and care, or payment of mainte nance costs, for children and youth who have run away from their home communities within this State, or from their home communities in this State to another State, or from their home communities in another State to this State, and pay the costs of returning such
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1097
runaway children and youth to their home communities; and pro vide such services, care or costs for runaway children and youth as may be required under the Interstate Compact for Juveniles;
(d) Regional Group Care Facilities for the purpose of:
(1) Providing local authorities an alternative to placing any child in a common jail;
(2) Shelter care prior to examination and study or pending hearing before Juvenile Court;
(3) Detention prior to examination and study or pending hear ing before Juvenile Court;
(4) Study and diagnosis pending determination of treatment or hearing before Juvenile Court;
(e) State Institutional Facilities, including the existing institu tions, to wit, the Training Schools for Boys and Girls located at Adamsville, Milledgeville and Augusta, Georgia, and additional facilities de signed to afford specialized and diversified programs, i.e. open institu tions, closed institutions, forestry camps, ranches, and group residences, for the care, treatment and training of children and youth of different ages, and emotional, mental and physical conditions;
(f) Regulation of Child Placing and Child Caring Agencies by:
(1) Setting standards for, and providing consultation and making recommendations concerning establishment and incorpora tion of all such agencies;
(2) Licensing and inspecting regularly all such agencies to insure their adherence to established standards as prescribed by the Division;
(g) Adoption Services as follows:
(1) Supervise the work of all child placing agencies;
(2) Provide services to parents desiring to surrender children for adoption as provided for in adoption statutes;
(3) Provide care, or payment of maintenance costs, for mothers bearing children out of wedlock and children being considered for adoption;
(4) Inquire into the character and reputation of persons making application for the adoption of children;
(5) Place children for adoption;
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(h) Staff Development and Recruitment Programs through inservice training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youth authorized in this Act. The Division is hereby authorized to disburse State funds to match Federal funds in order to provide qualified employees with graduate or post-graduate educational secholarships in accordance with rules and regulations adopted by the Board pursuant to provisions of Article VII, Section I, Paragraph (7) of the Constitution of Georgia.
(i) Miscellaneous.--The Division is authorized to provide medical, hospital, psychiatric, surgical, or dental services, or payment of the costs of such services, as may be needed in connection with services and care rendered as provided in this Section of this Act. The Division may, when necessary, make use of and pay for any needed services or facilities, whether operated or provided under public or private auspices, in carrying out any duties and functions authorized or required by law
with respect to providing of child welfare and youth services: Provided, that any payments therefor shall be computed on a per capita basis and shall be made only with respect to children and youth and mothers bearing children out of wedlock for whom the Division has been given legal custody or from whom it is providing care pursuant to this Act.
The Division is authorized to perform such other duties as may be required under provisions of related statutes.
SECTION 12
Use of Existing Institutions and Agencies.--
(a) Authority.--The Division is authorized to make use of law enforcement, detention, supervisory, medical, educational, and other public or private facilities, institutions and agencies within the State for the purposes of this Act, provided, however, that this shall not give the Division authority to transfer any child or youth under its custody and control to any penal institution in the State without due process of law. When funds are available, the Division may enter into agree ments with appropriate private or public officials of private or public institutions and agencies for separate care and special treatment of children and youth subject to the control of the Division.
(b) Inspection.--The Division is hereby given the right and is required to periodically inspect all public and private institutions and agencies whose facilities it is using. Every institution and agency, whether public or private, is required to afford the Division reasonable opportunity to examine or consult with children and youth committed to the Division who are for the time being in the custody of the insti tution or agency.
(c) Control of Children and Youth.--Placement of a child or youth by the Division in any institution or agency not operated by the Division, or the release of such child or youth from such an institution or agency, shall not terminate the controll of the Division over such a child or youth. No child or youth placed in such institution or under such an agency
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1099
may be released by the institution or agency without the approval of the Division.
SECTION 13
Diagnosis, Treatment and Handling of Delinquents Committed To The Division; Miscellaneous.--
When any child or youth is adjudged to be a state of delinquency under provisions of Georgia statutes and the court does not release such child or youth unconditionally, or place him on probation, or in a suitable public or private institution or agency, the court may commit him to the Division: Provided, however, that no delinquent child or youth shall be committed to the Division until the Division certifies to the Governor that it has facilities available and personnel ready to assume responsi bility for delinquent children and youth.
(a) Preliminary Disposition by Court.--When the court commits a delinquent child to the Division, it may order him conveyed forthwith to some place of detention approved or established or designated by the Division, or direct that he be left at liberty until otherwise ordered by the Division under such conditions as will insure his availability and submission to any orders of the Division. The court shall assign an officer or other suitable person to convey such delinquent child to any facility designated by the Division, provided that the person assigned to convey a girl must be a female. The cost of conveying such child committed to the Division to the facility designated by the Division shall
be paid by the county from which such child is committed, provided, that no compensation shall be allowed beyond the actual and ncessary expenses of the party conveying and the child conveyed.
(b) Notification and Duty to Furnish Information.--When a court commits a delinquent child to the Division, the court shall at once forward to the Division a certified copy of the order of commitment, and the court, the probation officer, the prosecuting and police author ities, the school authorities, and other public officials shall make avail able to the Division all pertinent information in their possession in respect to the case. Such reports shall, if the Division so requests, be made upon forms furnished by the Division or according to an outline provided by the Division.
(c) Diagnosis of Committed Children.--
(1) When a delinquent child has been committed to the Divi sion, the Division shall, under rules and regulations established by the Board, forthwith examine and study the child and investi gate all pertinent circumstances of his life and behavior. The Divi sion shall make periodic re-examinations of all delinquent children within its control, except those on release under supervision of the Division or placed in foster homes by the Division. Such re-exam inations may be made as frequently as the Division considers de sirable, and shall be made with respect to every child at intervals not exceeding one (1) year. Failure of the Division to re-examine a delinquent child committed to it, or to re-examine him within one
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(1) year of a previous examination, shall not of itself entitle the child to discharge from control of the Division but shall entitle the child to petition the committing court for an order of discharge, and the court shall discharge him unless the Division upon due notice satisfies the court of the necessity of further control.
(2) The Division shall keep written records of all examinations and re-examinations and of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent child subject to its control. Records as may be maintained by the Division in respect to a delinquent child committed to the Division shall not be public records but shall be priivleged records and shall be disclosed by direction of the Director to those persons having a legitimate interest therein only upon order of a Court of Record.
(d) Determination of Treatment.--When a delinquent child has been committed to the Division and a diagnostic study for the purpose of determining the most satisfactory plan for his care and treatment has been completed, the Division may:
(1) Permit him his liberty under supervision and upon such conditions as the Division may believe conducive to acceptable behavior; or
(2) Order his confinement under such conditions as the Divi sion may believe best designed to serve his welfare and as may be in the best interest of the public; or
(3) Order reconfinement or renewed release as often as con ditions indicate to be desirable; or
(4) Revoke or modify any order of the Division affecting a child, except an order of final discharge, as often as conditions indicate to be desirable; or
(5) Discharge him from control of the Division when it is satisfied that such discharge will best serve his welfare and the protection of the public.
(e) Types of Treatment Permitted.--As a means of correcting the socially harmful tendencies of a delinquent child committed to it, the Division may:
(1) Require participation by him in moral, academic, voca tional, physical and correctional training and activities;
(2) Require such modes of life and conduct as may seem best adapted to fit and equip him for return to full liberty without danger to the public;
(3) Provide such medical, psychiatric, or casework treatment as if necessary;
TUESDAY, MARCH 5, 1963
1101
(4) Place children who are physically fit in parks, maintenance camps, forestry camps or on ranches owned by the State or by the United States, and require boys so housed to perform suitable con servation and maintenance work; provided, that the boys shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabilitate the boys rather than to make the camps self-sustaining.
(f) Power to Establish Additional Facilities.--When funds are available, the Division may:
(1) Establish and operate places for detention and diagnosis of all delinquent children committed to it;
(2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juve nile delinquents of different ages and habits, and different mental and physical conditions, according to their needs;
(3) Establish parole or after care supervision to aid children given conditional release to find homes and employment, and to otherwise assist them to become re-established in the community and to lead socially acceptable lives.
(g) Transfer of the Mentally 111 and Mentally Defective--When ever the Division finds that any delinquent child committed to the Divi sion is mentally ill or mentally defective, the Division shall have the power to return such delinquent child to the court of original jurisdic tion for appropriate disposition by that court, or may, if it so desires, request the court in the county in which the training school or other facility is located to take such action as the condition of the child may require.
(h) Escape and Apprehension.--A boy or girl committed to the Division as a delinquent child and placed by it in any institution or facility, who has escaped therefrom, or who has been released under supervision and broken the conditions thereof, may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or by any officer employed or desig nated by the Division, and may be kept in custody in a suitable place designated by the Division and there detained until such boy or girl may be returned to the custody of the Division. Such taking into custody shall not be termed an arrest.
(i) Clothing, Money, and Transportation Furnished on Release.-- The Division shall insure that each delinquent child it releases under supervision or otherwise, has suitable clothing, transportation to his home or to the county in which a suitable home or employment has been found for him, and such an amount of money as the rules and regula tions of the Division may authorize. The expenditure for clothing and for transportation and the payment of money to a delinquent child released may be made from funds for support and maintenance appro-
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priated by the General Assembly to the Division or to the institution from which such child is released, or from local funds.
(j) Termination of Control.--Every child committed to the Division as a delinquent, if not already discharged, shall be discharged from cutody of the Division when he reaches his twenty-first birthday.
(k) Civil Right.--Committment of a delinquent child to the custody of the Division shall not operate to disqualify such child in any future examination, appointment or application for public service under the government either of the State or of any political subdivision thereof.
(1) Use of Records.--A committment to the Division shall not be received in evidence or used in any way in any proceedings in any court except in subsequent proceedings for delinquency involving the same child, and except in imposing sentence in any criminal proceeding against the same person.
(m) Records and Information.--The Division shall conduct a con tinuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the Division shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the Division and shall tabulate, analyze, and publish annually these data so that they may be used to evaluate the relative merits of methods of treatment. The Division shall cooperate with courts and public and private agencies in the collection of statistics and information regarding juvenile delinquency, arrests made, complaints, information, and petitions filed, and the disposition made thereof, and other informa tion useful in determining the amount and causes of juvenile delinquen cy in this State.
SECTION 14
Placement of Children; Licensing and Inspection of Child Welfare Agencies.--
(a) Annual License; Standards.--All child welfare agencies, as defined in Section 3 (r) of this Act, shall be licensed annually by the Division for Children and Youth in accordance with procedures, stan dards, rules and regulations to be established by the Board. The Board shall develop and publish standards for licensing of child welfare agen cies. A license issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised and used by the licensed agency as a part of its work, subject to provisions of this Act and rules and regulations
of the Board.
(b) Assistance in Meeting Standards and Placing Children.--The Division shall assist applicants or licensees in meeting standards of the Division, and if a licensee is, for any reason, denied renewal of a license, or if a license is revoked, or if any applicant for license cannot meet Division standards, the Division shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some
TUESDAY, MARCH 5, 1963
1103
other licensed child welfare agency, or assist in returning them to their own homes, or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved.
(c) Issuance of License.--Application for license shall be made to the Division upon forms furnished by the Division. Upon receipt of an application for license, and upon presentation by the applicant of evidence that the child welfare agency meets the standards prescribed by the Division, the Division shall issue such child welfare agency a license for a one (1) year period.
(d) Temporary License.--If the Division finds that any child wel fare agency applicant does not meet standards prescribed by the Divi sion but is attempting to meet such standards, the Division may, in its discretion, issue a temporary license to such child welfare agency, but such temporary license shall not be issued for more than a one (1) year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed standards of the Division, the Division may, in its discretion, reissue such temporary license for one additional period not to exceed one (1) year.
(e) Display of License.--All child welfare agencies shall prominent ly display the license issued to such agency by the Division at some point near the entrance of the premises of such agency that is open to view by the public.
(f) Hearing on Denial of the Application.--Upon written notice that an application for a license has been denied, such notice to be pro vided the applicant therefor by registered mail, reutrn receipt requested, the applicant requesting such license may within ten (10) days of receipt of such notice request in writing a hearing before the Board. The Board shall grant such applicant a hearing within ninety (90) days of the date of receipt of such request by the Division.
(g) Revocation of License; Hearing.--Licenses may be revoked at any time before the expiration date thereof upon ninety (90) days notice in writing by the Director to the licensee. Such notice shall con tain a statement of causes for revocation and shall be mailed to the licensee by registered mail, return receipt requested. The licensee may, within ten (10) days of receipt of such notice, request in writing a hearing before the Board. The Board shall grant such licensee a hear ing within ninety (90) days of the date of receipt of such request by the Division.
(h) Conduct of Hearing. Hearings provided for in this Section may be held at any place designated by the Board. The Board shall provide by regulation for notice, conduct of hearings before the Board, and for the presentation of evidence to the Board. Hearings shall be open to the public. The Board is hereby authorized to visit and inspect the premises, records and children and youth of any child welfare agency involved in any hearing and consider such facts and findings as may thereby be developed by the Board in reaching a final determination in the matter before the Board. The Board may appoint a Committee
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to consist of not less than ten (10) of the members and ex-officio mem bers of the Board for the purpose of hearing and determining matters provided for in this Section; Provided, however, that at least eight (8) members of such Committee shall in each case be present at and par ticipate in the hearing and in the determination of the matter before the Committee. The Board or the Committee, if such a Committee be appointed, shall within forty-five (45) days after termination of such hearing, or within forty-five (45) days after re-hearing or re-argument, should the Board or Committee grant the same, enter up an order covering the matters involved in the hearing, re-hearing or re-argument, and provide copies of same to the persons entitled thereto.
(i) Judicial Review.--Any applicant or licensee aggrieved by the decision of the Board or the decision of the Committee, as the case may be, may obtain judicial review thereof by filing a petition in the superior court of the county where the child welfare agency concerned is located. The petition shall plainly specify the action complained of, set forth the relief sought, and facts and circumstances supporting the petitioner's right to such relief. Review of the action complained of in the petition shall be de novo. The court may in its discretion, whether or not the same be prayed for in the petition, remand such matter for further proceedings or findings on terms specified in the order of the court. Proceedings for review of a final judgment of the court shall follow the course which is now or may hereafter be prescribed for civil actions originating in the superior courts.
(j) Receiving Children.--Child-caring institutions and child-placing agencies, when licensed in accordance with provisions of this Section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary or continued care. Parents, guardians, custodians or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or aegncies custody and control over such children during the period of care.
(k) Selection and Supervision of Foster Homes.--Child-placing agencies, in placing children in foster family homes, shall safeguard the welfare of such children by thoroughly investigating such home and the character and reputation of the persons residing therein, and shall adequately supervise each home during the period of care. All children placed in foster family homes shall, as far as is practicable, be placed with persons of the same religious faith as the children themselves, or the childrens' parents.
(1) Inspection of Licensed Agencies.--It shall be the duty of the Division to inspect at regular intervals all licensed child welfare agencies within the State, to include all family boarding homes, foster family homes, and family day-care homes used by such agencies. The Division shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee.
(m) Investigation of Reported Deficiencies.--If any flagrant abuses, derelictions or deficiencies are made known to the division or its duly authorized agents during their inspection of any child welfare agency, or if, at any time, such is reported to the Division by at least
TUESDAY, MARCH 5, 1963
1105
two (2) reputable citizens, the Division shall immediately investigate such matters and take such action as conditions may require.
(n) Management to be Informed of Deficiencies; Revocation of License.--If abuses, derelictions or deficiencies are found in the opera tion and management of any child welfare agency, the same shall be brought immediately to the attention of the management of such agency, and if the same are not corrected within a reasonable time, the Division shall revoke the license of such agency in the manner prescribed above for revocation of licenses.
(o) Annual Reports of Agencies.--Each child welfare agency shall make an annual report of its work to the Division in such form and at such time as the Division shall prescribe. The Division shall prepare and supply child welfare agencies with all forms needed for the purpose of providing the Division with information as may, from time to time, be required by the Division.
(p) Public Agencies; Inspection and Report.--Child welfare agen cies and other facilities and institutions wherein children and youth are detained operated by any department or agency of State, county or municipal government shall not be subject to license under the pro visions of this Section, but the Division may, through its authorized agents, make periodic inspections of such agencies, facilities and insti tutions. The Division shall cooperate with such authorities in the de velopment of standards that will adequately protect the health and well being of all children and youth detained in such agencies, facilities and institutions or provided care by the same. The Division may recommend changes in programs and policies and if, within a reasonable time, the standards established by the Division and the recommendations of the Division are not met, it shall be the duty of the Director of the Division to make public in the community in which such agency, facility, or institution is located the report of the above mentioned inspection and the changes recommended by the Division. If any serious abuses, dere lictions or deficiencies are found and are not corrected within a reason able time, the Director shall report the same in writing to the Governor.
(q) Penalty for Unlicensed Operation.--Any child welfare agency that shall operate without a license issued by the Division shall be guilty of a misdemeanor and shall be fined not less than fitfy ($50) dollars, nor more than two hundred ($200) dollars for each such offense. Each day of operation without a license shall constitute a separate offense.
(r) Unlicensed Placement of Children for Care or Adoption.--No person, agency, hospital, maternity home, institution, or official, public or private, in this State shall receive or accept a child under seventeen (17) years of age for placement or adoption, or place such a child either temporarily or permanently in a home other than the home of the child's relatives, without having been licensed by the Division. Violation of this provision shall be punishable by fine of not less than one hundred ($100) dollars not exceeding five hundred ($500) dollars for each offense.
(s) Effective date.--The provisions of this Section of this Act shall become effective as follows: The Division shall prepare standards
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for child welfare agencies and application forms for licenses as re quired herein no later than October 1, 1963. All child welfare agencies coming within the scope of provisions or this Section shall secure, pre pare and submit to the Division application for license as required herein no later than January 1, 1964. The Division shall approve or reject all applications for child welfare agency licenses no later than July 1, 1964, and no child welfare agency coming within the scope of provisions of this Section shall continue to operate beyond said date without having been licensed by the Division.
SECTION 15
Children Brought into State for Placement; Bond; Notification; Reports.--
No person shall bring or send into the State any child for the purpose of placing him or procuring his adoption without first filing notice with the Division for Children and Youth. He shall file with the Division a bond payable to the State for each child he intends to send or bring approved by the Division, in the penal sum of one thousand ($1,000) dollars, conditioned that he will not send or bring into the State any child who is incorrigible or unsound in mind or body; that he will remove any such child who becomes a public charge or who, in the opinion of the Division, becomes a menace to the community prior to his adoption or becoming of legal age; that the person with whom the child is placed shall be responsible for his proper care and training. Before any child shall be brought or sent into the State for the purpose of placing him in a foster home, the person so bringing or sending such child shall first notify the Division of his intention, and shall obtain from the Division a certificate stating that such home is, in the opinion of the Division, a suitable home for the child. Such notification shall state the name, age and personal description of the child, the name and address of the person with whom the child is to be placed, and such other information as may be required by the Division. The person bringing or sending such child into the State shall report at least once each year, and at such other times as the Division shall direct, as to the location and well-being of the child so long as such child shall remain within the State and until he shall have reached the age
of 18 or shall have been legally adopted.
Misdemeanor.--
SECTION 16
(a) Any person who shall knowingly aid, assist or encourage any child or youth under the lawful control or custody of the Division or of any licensed child welfare agency, or home or facility used by such agency, public or private, to escape or attempt to escape the control or custody of the same shall, upon conviction, be punished as provided by law for a misdemeanor.
(b) Any person who shall knowingly harbor, shelter, entertain or encourage any child or youth who has escaped the lawful custody or control of the Division or of any licensed child welfare agency, or home
TUESDAY, MARCH 5, 1963
1107
or facility used by such agency, public or private, shall, upon conviction, be punished as provided by law for a misdemeanor.
SECTION 17
Power to Contract; Delegation of Power.--
The Board shall have the power and is hereby authorized:
(a) To enter into contracts with Federal, state, county and munici pal government, and agencies and departments of the same; public and private institutions and agencies of this and other states; and indi viduals, as may be necessary or desirable in effectuating the purposes of this Act.
(b) To enter into contracts and cooperative agreements with proper authorities of the State Department of Family and Children Services and county or district departments of family and children services as may be necessary or desirable in effectuating the purposes of this Act.
(c) To enter into reciprocal agreements with appropriate public and private institutions and agencies of other states relative to providing child welfare and youth services to non-resident children and youth, and to cooperate with such institutions and agencies in establishment and operation of group care facilities appropriate for social study, treatment and rehabilitation of children and youth.
(d) To accept children and youth from Federal courts and provide the same social services within the scope of this Act for compensation and under such terms as may be agreed upon.
The Board may authorize the Director to enter into contracts and agreements provided for in this section subject to the approval of the Board, or may, through appropriate action of the Board, delegate such authority to the Director.
SECTION 18
Power to Accept and Use Gifts.--
The Board is hereby authorized and empowered to receive, accept, hold and use on behalf of the State and for purposes provided for in this Act, gifts, grants, donations, devises and bequests of real, personal and mixed property of every kind and description.
SECTION 19
Legal Proceedings.--
The Director is hereby authorized to institute or to intervene in any legal proceedings necessary to the performance of duties and re sponsibilities of the Division; to tke enforcement of provisions of this
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Act and provisions of policies, standards, rules and regulations estab lished by the Board in conformity with provisions of this Act; as may be commensurate with the legal status of the Division to a child or youth committed to the care, custody or control of the Division; or as may otherwise be specifically provided for herein.
Annual Report.--
SECTION 20
The Director shall prepare and publish an annual report on the operation of the Division and county departments of family and chil dren services and submit the same to the Governor, the Board, and all interested persons, officials, agencies and groups, public or private. The report shall contain, in addition to information, statistics and data as may be required by other provisions of this Act, a comprehensive analy sis of performance of child welfare and youth services throughout the State during the period covered by the report; a study of present and a projection of future requirements for such services throughout the State, to include facilities and funds as may be required therefor; and such other information and recommendations of the Director as may be suitable.
SECTION 21
Budget.--
The Director shall biennially, or as may otherwise from time to time be required by law, prepare and submit to the Board, in the form, manner and within the time prescribed by law, a proposed budget of funds necessary to be appropriated by the General Assembly for opera tion of the Division for Children and Youth during the years covered by the proposed budget. The proposed budget shall, upon approval by the Board, be forwarded to the Director of the Department of Family and Children Services and shall be incorporated into the proposed budget of said Department.
SECTION 22
Existing Charters of Charitable Institutions.--
Nothing in this Act shall be deemed to revoke any charter or in corporation of any orphans' home, charitable or benevolent institution incorporated and established under provisions of the Act of the General Assembly approved December 18, 1894 (Ga. L. 1894, p. 80), as amended by the Act of the General Assembly approved December 16, 1898, (Ga. L. 1898, p. 104), and codified in Chapter 35-5 of the Code of Georgia of 1933, or to impair or diminish the rights, powers or privileges of such corporations as provided in said charter of incorporation.
TUESDAY, MARCH 5, 1963
1109
SECTION 23
Constitutionality.--
If any sections, sub-divisions or clause of this Act shall be held to be unconsitutional or invalid, such decision shall not affect the validity of remaining portions of this Act.
SECTION 24
Repealer.--
Chapter 35-5 of the Code of Georgia of 1933 relating to charitable institutions for the custody of children, and incorporation, duties and powers of same;
Chapter 35-6 of the Code of Georgia of 1933 relating to the Georgia Industrial Home and other similar undenominational child-saving insti tutions, and inspections, and payments by counties thereto;
Chapter 77-6 of the Code of Georgia of 1933 relating to establish ment and operation of the Georgia State Training School for Boys, and to the detention, education and training therein of certain persons com mitted thereto;
Chapter 77-7 of the Code of Georgia of 1933 relating to establish ment and operation of the Georgia State Training Schools for Girls, and to the detention, education and training therein of certain persons committed thereto;
Chapter 99-1 of the Code of Georgia of 1933 relating to visitorial duties respecting certain facilities and institutions, and administration, supervision and operation of such facilities and institutions;
Chapter 99-2 of the Code of Georgia of 1933 relating to placement of children for care and adoption by persons not parents or relatives of such children, and to licensing, regulating and supervising child placing agencies;
Section 26-1604 and 26-1605 of the Code of Georgia of 1933 re lating to commission of misdemeanor by enticing away and harboring children committed to the Georgia Industrial Home or other similar undenominational child-saving institutions;
Section 99-9901 of the Code of Georgia of 1933 relating to com mission of misdemeanor by violating certain provisions of Chapter 99-1 of the Code of Georgia of 1933;
Section 99-9902 of the Code of Georgia of 1933 relating to commis sion of misdemeanor by violating certain provisions of Chapter 99-2 of the Code of Georgia of 1933;
An Act regulating benevolent institutions in this State, defining the powers of those incorporated for the custody and care of children,
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and providing for incorporation of such institutions, approved Decem ber 18, 1894 (Ga. L. 1894, p. 80, et seq.), as amended by an Act ap proved December 16, 1898 (Ga. L. 1898, p. 104, et seq.);
An Act authorizing committment of certain children to the Georgia Industrial Home or other similar undenominational child-saving insti tutions, inspections, and payments by counties thereto, approved August 15, 1904 (Ga. L. 1904, p. 96 et seq.), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1053), and as amended by an Actapproved March 7, 1961, (Ga. L. 1961, p. 117 et seq.);
An Act establishing Georgia State Reformatory, providing for operation of same, and for detention, education and training therein of certain offenders, etc., approved August 23, 1905 (Ga. L. 1905, p. 127, et seq.), as amended by an Act approved August 18, 1919 (Ga. L. 1919, p. 373, et seq.), as amended by an Act approved August 16, 1920 (Ga. L. 1920, p. 156, et seq.) and as amended by Section 36 of an Act approved August 28, 1931 (Ga. L. 1931, p. 7, 17) ;
An Act establishing the Georgia State Training Schools for Girls, providing for operation of same, and for detention, education and train ing therein of certain offenders, etc., approved August 19, 1913, (Ga. L. 1913, p. 87, et. seq.), as amended by an Act approved August 23, 1927 (Ga. L. 1927, p. 341, et seq.), as amended by Section 37 of an Act ap proved August 28, 1931, (Ga. L. 1931, p. 7, 18), as amended by an Act
approved March 31, 1937 (Ga. L. 1943, p. 628) ;
An Act relating to placing of children for care and adoption by persons not parents or relatives of such children; licensing, regulating and supervising child placing agencies, approved August 19, 1922 (Ga. L. 1922, p. 72, et seq.) ;
An Act authorizing the Department of Public Welfare to arrange care for homeless, dependent and neglected children, approved March 28, 1935, (Ga. L. 1935, p. 490 et seq.) ;
An Act known as "The State Detention Homes Act", providing for establishment and operation of juvenile detention homes, etc., approved March 21, 1958, (Ga. L. 1958, p. 239, et seq.) ;
An Act authorizing the Governor to provide necessary funds to implement "The State Detention Homes Act", approved March 25, 1958, (Ga. L. 1958, p. 532) ;
An Act authorizing the Department of Public Welfare to establish branches of State Training Schools under its jurisdiction, approved March 28, 1961, (Ga. L. 1961, p. 186 et seq.) ;
Sections 6, 7, 8, 9, 10, 11, 12, 14 and 16 of an Act establishing a Board of Public Welfare and defining certain duties of said Board, particularly visitorial duties respecting certain facilities and institutions and administration, supervision and operation of such facilities and institutions, approved August 18, 1919, (Ga. L. 1919, p. 222, 224 et seq.);
TUESDAY, MARCH 5, 1963
1111
Subparagraphs (2) and (3) of Section 6 of an Act creating a State Department of Public Welfare, which relate to administration of child welfare activities and services, cooperation with the Federal Government in regard thereto, and expending funds therefor, approved February 26, 1937 (Ga. L. 1937, p. 355, 359, 360) ;
are hereby repealed, and the provisions of this Act are enacted in lieu thereof. The repeal of said Acts and laws shall in no case or event be deemed or held to have the effect of restoring, revising or reenacting any prior Acts or laws previously repealed.
SECTION 25
All other laws or parts of laws in conflict with this Act are hereby repealed.
SECTION 26
This Act shall become effective July 1, 1963.
Mr. Smith of Habersham offered an amendment which was lost.
The following amendments to the Committee substitute were read and adopted:
Mr. Fowler of Douglas moves to amend the committee substitute to HB 5 by adding the following subsection labeled "c" to Section 6.
C. Provided further, however, the Board shall adopt no program or policy or expend any funds that create any new recurring obligation on the State treasury, not specifically required by this Act, in any manner whatsoever without specific approval of the General Assembly.
Messrs. Groover of Bibb and Twitty of Mitchell move to amend the committee substitute to HB 5 as follows:
By striking from Section 9 (c) the word "shall" from lines 5, 8, 11, and 27 and inserting in lieu thereof the word "may"; and by striking the word "may" in line 15 of said section and inserting in lieu thereof the word "shall".
Mr. Duncan of Carroll moves to amend the committee substitute to HB 5 by adding the following sentence to Section 4:
"There shall be at least one member of the Board from each of the ten Congressional Districts."
Mr. Pope of Cherokee moves to amend the committee substitute to HB 5, Section 5, sub-paragraph (a) the 5th line thereof by adding a comma after "Board" and inserting "however said salary not to be more than $22,500 per annum."
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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 Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Been of Bacon Dicus Dixon
Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton King
Kirkland Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCraeken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole
Pope Poss Rainey Reaves Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Shea Shuman Simmons Simpson
TUESDAY, MARCH 5, 1963
Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Twitty
1113
Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Brooks of Oglethorpe Brooks of Pulton Conger Conner Crummey DeVane Hale Jones of Liberty Killian Knight of Laurens Lambert
Lee of Clinch Leonard Logan Mullis Nessmith Newton of Colquitt Overby Payton Pickard Raulerson Rhodes Rutland
Scarborough Singer Smith of Emanuel Tucker of Burke Underwood of
Montgomery Watson Wilkes Williams of Hall Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.
Mr. Leonard of Murray stated that he was called from the Hall of the House to confer with constitutents at the time the roll was called but had he been present he would have voted "Aye" on HB 5.
HR 158-429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty, Andrews of Stephens, and Funk of Chatham:
A Resolution to authorize the Department of Public Health to write off uncollectable accounts; 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Arnsdorff Bagby Barber Baughman Black Blair Bowen of Randolph Bowen of Toombs Brackin Brantley Brown Busbee Bynum Byrd Caldwell Chance Chandler Clark of Catoosa Coker of Cherokee Cullens Dean of Polk Dorminy Duncan of Fannin Etheridge Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Hall Harrell
Harris Henderson Herndon Horton Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Kelly Keyton Knight of Laurens Knight of Berrien Lane Lee of Dougherty Leonard Lewis Lowrey Mackay McClelland McCracken McDonald McKemie Meeks Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford
Paris Parker Perry of Evans Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Roberts Rowland Russell Sangster Shaw Simmons Singer Smith of Forsyth Smith of Habersham Snow Spikes Story Tabb Todd Towson Tucker of Catoosa Twitty Underwood of Taylor Waldrop Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee
Those not voting were Messrs.:
Acree Alien
Ballard Bedgood
Bell Blalock of Coweta
TUESDAY, MARCH 5, 1963
Blalock of Clayton Bolton Bowen of Dawson Branch Brooks of Oglethorpe Brooks of Fulton Carr Causby Clarke of Monroe Coker of Turner Conger Conner Crummey Da vis Deen of Bacon DeVane Dicus Dixon Duncan of Carroll Echols Flournoy Fulford Groover Hale Harrington Hill House Hurst Jones of Liberty
Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian King Kirkland Laite Lambert Lee of Clinch Lee of Clayton Lindsey Logan Lokey Matthews of Clarke Matthews of Colquitt McGarity Melton Milford Mullis Murphy Overby Partridge Payton Perry of Marion Peterson Phillips Raulerson Richardson
1115
Rodgers Roper Rutland Scarborough Sewell Shea Shuman Simpson Sinclair Smith of Telf air Smith of Emanuel Smith of Whitfield Stalnaker Steis Stuckey Teague Tucker of Burke Underwood of
Montgomery Vaughn Walker Ware White Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 327. By Messrs. Conger and Griffin of Decatur:
A Bill to be entitled an Act to amend an Act creating the Georgia Factory for the Blind, so as to provide that workers in said factory shall receive and observe all State holidays with pay; and for other purposes.
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 Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Dixon Dorminy Duncan of Fannin Duncan of Carroll
Etheridge
Fleming
Flournoy
Floyd
Flynt
Fowler of Douglas
Fowler of Treutlen
Fulford
Funk
Gibbons
Greene
Griffin
Groover
Hall
Harrell
Harrington
Harris Henderson Herndon Horton Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King Knight of Laurens Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Mackay Matthews of Clarke McCracken McDonald McGarity McKemie Meeks Milford
Milhollin
Mitchell
Mixon
Moate
Morgan of Gwinnett
Morgan of Newton
Nessmith
Newton of Jenkins
Odom
Pafford
Paris
Parker
Partridge
Perry of Marion
Perry of Evans
Peterson
Phillips Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shaw Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Towson Tucker of Catoosa
Twitty
Underwood of Taylor
Vaughn
Waldrop
Warren
Watson
Watts
Wells of Peach
Wells of Oconee
Wells of Camden
White
Williams of Coffee
Wilson of Brantley
Wilson of Cobb
Woodward
TUESDAY, MARCH 5, 1963
Those not voting were Messrs.:
Acree Andrews Bedgood Bell Bolton Bowen of Dawson Branch Brooks of Oglethorpe Brooks of Fulton Causby Conger Conner Crummey Davis Deen of Bacon DeVane Dicus Echols Hale
Hill House Jones of Liberty Keadle Kelly Kirkland Knight of Berrien Lambert Lee of Clinch Leonard Logan Lowrey Matthews of Colquitt McClelland Melton Moore Mullis Murphy Newton of Colquitt
1117
Overby Payton Raulerson Rutland Scarborough Shea Shuman Simpson Smith of Emanuel Stuckey Teague Tucker of Burke Underwood of
Montgomery Walker Ware Wilkes Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Kirkland of Tattnall stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 327.
HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephens: A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities, so as to provide for the purposes for which grants may be made; and for other purposes.
The following amendment was read and adopted:
Messrs. Rutland of DeKalb, Bolton of Spalding, Busbee of Dougherty and Andrews of Stephen move to amend HB 177, as follows:
1. Substitute for Section 1 of said Bill the following:
SECTION 1.
An Act providing for grants to certain incorporated municipalities approved October 8, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 33)
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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. It is hereby declared to be the purpose and intent of the General Assembly that:
(a) The construction and maintenance of streets and bridges thereon of the incorporated municipalities of this State shall be. and constitute activities incident to providing and maintaining an adequate system of public roads and bridges in this State;
(b) State funds, including State road funds, made available for grants to municipalities to be disbursed by the Director of the State Highway Department shall be granted and distributed to incorporated municipalities in accordance with the provisions of this Act."
2. Add a new section immediately following Section 1 of said Bill, to be designated "Section 2", as follows:
SECTION 2.
Said Act is further amended by adding a new section to be known as Section 1A, to read as follows:
"Section 1A. The Director of the State Highway Department and the governing body of each incorporated municipality receiving a grant of State road funds or other State funds under the pro visions of this Act shall, as to such funds granted to such incorpo rated municipality, be charged with the duty and responsibility of administering this Act. The Director of the State Highway Depart ment shall make such uniform rules and regulations as he may deem appropriate to insure that all state funds granted under this Act are expended in accordance with the provisions hereof, and not otherwise. Such rules and regulations may include provisions for reasonable audits, inspections and reports."
3. Renumber present Section 2 of the Bill as Section 3; renumber present Section 3 as Section 4; renumber present Section 4 as Section 5; renumber present Section 5 as Section 6; renumber present Section 6 as Section 7.
4. Substitute for the section now numbered 7 in said Bill the following:
SECTION 8.
Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. State funds distributed under this Act by the Director, shall be paid to the municipality in the name of the municipal treasurer or other official or officials authorized to re-
TUESDAY, MARCH 5, 1963
1119
ceive municipal funds as listed in the certificate required by Section of this Act. A separate account of such funds shall be maintained by each municipality. Such funds shall be expended by the munici pality for the purpose of construction and maintenance of its streets and bridges and not for any other purpose, and no municipality shall be eligible to receive any distribution of funds under this Act in any fiscal year unless such municipality has during such fiscal year established to the satisfaction of the Director that funds distributed to such municipality during the immediately preceding fiscal year have been expended in accordance with the provisions of this Act, or that such funds remain unexpended in said special account. The Director shall withold distribution of funds to any municipality failing to comply with the provisions of this section. Upon making a finding that a municipality has failed to comply with the provisions of this section the Director shall immediately notify the official executing the certificate required by Section 4 of this Act."
5. Add a new section immediately following Section 8 of said Bill, to be designated "Section 9", as follows:
SECTION 9
Said Act is further amended by adding a new section to be known as Section 6A, to read as follows:
"Section 6A. Any municipality entitled to receive funds under the provisions of this Act may elect, with the concurrence of the Director, not to receive such in cash, but in the form of construc tion or maintenance work to be performed by or under the super vision of the State Highway Department of Georgia and upon per formance of such construction or maintenance work said funds shall be transferred to the appropriate account of the State High way Department."
6. Amend the caption of said Bill to read as follows:
"A BILL
"To be entitled an Act to amend an Act providing for grants to certain incorporated municipalities, approved October 8, 1962 (Ga. Laws 1962, Sept.-Oct. Ex. Sess., p. 33), so as to provide that construction and maintenance of streets and bridges thereon of the incorporated municipalities shall constitute activities incident to providing and maintaining an adequate system of public roads and bridges in this State; to provide for the granting and distri bution of funds by the Director of the State Highway Department to incorporated municipalities for street and bridge construction and maintenance; to provide the procedure connected therewith; to provide for administrative rules and regulations by the Director of the State Highway Department to insure that State funds granted and distributed under this Act are expended in accordance with the provisions hereof, and not otherwise; to repeal conflicting laws; and for other purposes."
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to, 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 Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clark of Monroe Coker of Cherokee Coker of Turner Dean of Polk Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons
Greene Griffin Hale Harrell Harrington Harris Henderson Hill Horton House Houston Hurst Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland Meeks Melton Milford Milhollin Mitchell Mixon Moate
Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Paris Parker Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Rowland Russell Sangster Sewell Shea Shuman Simmons Sinclair Singer Smith of Telf air Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Towson Tucker of Catoosa Twitty Underwood of
Montgomery
TUESDAY, MARCH 5, 1963
Underwood of Taylor Vaughn Waldrop Walker Ware
Watson Watts Wells of Peach Wells of Oconee Wells of Camden
1121
White Williams of Coffee Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Bagby Bedgood Brantley Brooks of Oglethorpe Brooks of Fulton Causby Conger Conner Crummey Cullens Davis Been of Bacon DeVane Fleming Floyd Fulford Groover Hall
Herndon Hull Isenberg Johnson of Elbert Jones of Liberty Jordan of Calhoun Lambert Logan Lowrey McCracken McDonald McGarity McKemie Mullis Newton of Colquitt Ovdrby Pafford Payton Phillips
Pickard Raulerson Roper Rutland Scarborough Shaw Simpson Smith of Forsyth Smith of Emanuel Smith of Habersham Stuckey Teague Todd Tucker of Burke Warren Wilkes Williams of Hall Wilson of Brantley Mr. Speaker
On the passage of the Bill, as amended, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 107. By Mr. Rowland of Johnson: A Bill to be entitled an Act to amend Code Section 24-2104 so as to provide for the closing of the ordinary's office for two half-days per week; and for other purposes.
The following substitute to HB 107, offered by Mr. Rowland of Johnson, was read:
A BILL TO BE ENTITLED
An Act to amend Code Section 24-2104, relating to transaction of business with the Ordinary, as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 213), an Act approved March 25, 1958 (Ga. Laws 1958, p. 631), an Act approved March 17, 1959 (Ga. Laws 1959,
1122
JOURNAL OF THE HOUSE,
p. 312), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 519), so as to provide for the closing of the office of the Ordinary and the transaction of business; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-2104, relating to transaction of busi ness with the Ordinary, as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 213), an Act approved March 25, 1958 (Ga. Laws 1958, p. 631), an Act approved March 17, 1959 (Ga. Laws 1959, p. 312), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 519), is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section 24-2104 to read as follows:
"24-2104. The Ordinary may transact business at any time, except on Sundays and legal holidays, on which days the office of the Ordinary shall be closed. The Ordinary of each county is hereby authorized to close his office at 12:00 o'clock Noon on not more than two other days in each week or, in his discretion, in lieu thereof he may close his office for one entire day in each week. Where authorized or not prohibited by law, any hearing or other proceeding may be had and any order or judgment may be rendered at any time in term time or vacation. Nothing herein shall be construed as prohibiting the Ordinary from providing by calendar for the orderly and uniform transaction of business on designated days."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute was read and adopted:
Mr. Wells of Camden moves to amend the substitute to HB 107 by striking the following words from quoted Section 24-2104: "except on Sundays and legal holidays, on which days the office of the Ordinary shall be closed."; and by in serting immediately thereafter this sentence: "The Ordinary's office may be open for transaction of business on any Sunday or legal holiday."
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:
TUESDAY, MARCH 5, 1963
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon Dixon Duncan of Fannin Duncan of Carroll Etheridge Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene
Griffin Hale Harrington Harris Henderson Hill Horton House Houston Isenberg Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Keadle Keyton Knight of Laurens Lane Lee of Clinch Lee of Colquitt Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Colquitt McClelland McDonald Melton Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Odom Paris Parker Partridge
1123
Perry of Evans Pickard Ponsell Poole Pope Poss Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Sewell Shea Shuman Simmons Sinclair Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Walker Ware Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Woodward
Those voting in the negative were Messrs.:
Hurst King
Meeks
Perry of Marion
Those not voting were Messrs.:
Acree Bagby
Bedgood Bowen of Toombs
Brackin Brooks of Oglethorpe
1124
JOURNAL OF THE HOUSE,
Brooks of Fulton Caldwell Causby Conger Crummey Cullens Davis DeVane Dicus Dorminy Echols Fleming Flournoy Floyd Groover Hale Harrell Herndon Hull Johnson of Elbert Jordan of Floyd Jordan of Calhoun Kelly
Killian Kirkland Knight of Berrien Laite Lambert Logan Lowrey Matthews of Clarke McCracken McGarity McKemie Milford Mitchell Mullis Murphy Newton of Jenkins Overby Pafford Payton Peterson Phillips Rainey Raulerson
Rutland Scarborough Shaw Simpson Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Stuckey Teague Underwood of
Montgomery Vaughn Waldrop Warren Wells of Peach Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 473. By Messrs. Arnsdorff of Effingham, Newton of Jenkins, Parker of Screven, Newton of Colquitt, and Bowen of Toombs: A Bill to be entitled an Act to define the term "agricultural products", and for other purposes.
The following substitute, offered by the Committee on Agriculture, was read and adopted:
A BILL TO BE ENTITLED
An Act to define the terms "agricultural products", "agricultural commodities", and "farm products", as used in the laws of this State except as otherwise specifically defined by law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Except as otherwise specifically defined by law, the terms "agricultural products", "agricultural commodities", and "farm
TUESDAY, MARCH 5, 1963
1125
products", as used in the laws of this State shall include livestock and livestock products; poultry and poultry products; milk and dairy products; field grown horticultural products; ornamental horticultural products; floricultural products and turf grasses; the products of fields and orchards, the products of the farms of this State in their natural and unprocessed form and honey bees and honey bee products.
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Barber Baughman Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Busbee Bynum Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Turner Conner Dean of Polk Deen of Bacon Dixon Duncan of Fannin Etheridge Plournoy Flynt Fowler of Douglas
Fowler of Treutlen Fulford Funk Gilbbons Greene Griffin Hale Harrington Henderson Herndon Hill Horton House Houston Hurst ' Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton Killian Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Matthews of Colquitt
McClelland Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Paris Parker Partridge Perry of Evans Pickard Ponsell Poole Poss Reaves Rhodes Richardson Roberts Rodgers Rowland Russell Sangster Sewell Shea Shuman
1126
JOURNAL OF THE HOUSE,
Simmons Smith of Telfair Smith of Habersham Smith of Whitfield Snow Stalnaker Steis Story
Tabb Teague Todd Towson Tucker of Catoosa Twitty Underwood of Taylor Waldrop
Walker Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Wilson of Cobb
Those not voting were Messrs.:
Acree Andrews Bagby Ballard Bedgood Blalock of Coweta Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Brown Byrd Causby Coker of Cherokee Conger Crummey Cullens Davis DeVane Dicus Dorminy Duncan of Carroll Echols Fleming Floyd Groover Hall Harrell
Harris Hull Isenberg Jones of Liberty Jordan of Calhoun Kelly King Kirkland Laite Lambert Logan Lokey Lowrey Mackay Matthews of Clarke McCracken McDonald McGarity McKemie Moore Mullis Newton of Colquitt Overby Pafford Payton Perry of Marion Peterson Phillips
Pope Rainey Raulerson Roper Rutland Scarborough Shaw Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Spikes Stuckey Tucker of Burke Underwood of
Montgomery Vaughn Ware Warren Wells of Camden White Wilkes Williams of Hall Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 395. By Messrs. Fowler of Douglas and Jones of Worth:
A Bill to be entitled an Act to amend an Act providing for the giving of security by operators of motor vehicles so as to reduce the deposit of security in cases of injury; and for other purposes.
TUESDAY, MARCH 5, 1963
1127
By unanimous consent, further consideration of HB 395 was postponed until Wednesday, March 6, 1963.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The Speaker Pro-Tern announced the House adjourned until 10:00 o'clock tomorrow morning.
1128
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, March 6, 1963
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 Reverend Louis Kenendy, Pastor of the First Baptist Church, Thomasville, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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 read the first time and referred to the Committees:
WEDNESDAY, MARCH 6, 1963
1129
HB 566. By Messrs. Isenberg and Killian of Glynn:
A Bill to be entitled an Act to amend an Act incorporating the City of Brunswick, so as to provide that the Commissioner at Large elected shall be designated as Mayor; and for other purposes.
Referred to the Committee on Local Affairs.
HB 567. By Mr. Matthews of Colquitt:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages", so as to limit a retail licensee to sell only one quart of alcoholic beverages and liquors per day to any one purchaser; and for other purposes.
Referred to the Committee on Temperance.
HB 568. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to application for year's support, so as to require that in all such applications the full name and legal residence of the deceased be set out; and for other purposes.
Referred to the Committee on Judiciary.
HB 569. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to amend an Act creating the Town of Fort Oglethorpe, in the counties of Walker and Catoosa, so as to pro vide for the division of the town into wards; and for other purposes.
Referred to the Committee on Local Affairs.
HB 570. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to amend an Act relating to the Mayor and Alderman of the Town of Fort Oglethorpe; and for other purposes.
Referred to the Committee on Local Affairs.
HB 571. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to create the Morgan County Development Authority; to provide the powers, authority, funds, purposes connected therewith; and for other purposes.
Referred to the Committee on Local Affairs.
1130
JOURNAL OF THE HOUSE,
HB 572. By Messrs. Williams of Hall, Milhollin of Coffee and Isenberg of Glynn:
A Bill to be entitled an Act to amend an Act so as to strike the provi sions relating to the tax on kerosene; to redesignate certain subsec tions; and for other purposes.
Referred to the Committee on Ways and Means.
HB 573. By Messrs. Chandler of Baldwin, Melton of Spalding, Kelly of Jasper and Harrington of Baldwin:
A Bill to be entitled an Act to vest exclusive jurisdiction in the enforce ment of the speed and traffic laws upon State and Federal Highways in the Director of the Department of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 574. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act creating and establishing a Small Claims Court in counties having a population of not less than 23,500 and not more than 24,100; and for other purposes.
Referred to the Committee on Local Affairs.
HB 575. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Webster, so as to change the compensation and traveling expenses for the Sheriff; and for other purposes.
Referred to the Committee on Local Affairs.
HR 191-575. By Messrs. Walker and Gibbons of Lowndes, Killian and Isenberg of Glynn:
A Resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 576. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts in certain counties; and for other purposes.
Referred to the Committee on Special Judiciary.
WEDNESDAY, MARCH 6, 1963
1131
HB 577. By Messrs. Williams of Hall, Teague of Cobb, Andrews of Stephens, Chandler of Baldwin, Kelly of Jasper and Simmons of Banks:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide a change in the fee schedule and charges for driver's licenses; to provide for placing a picture of the applicant on drivers' licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 578. By Messrs. Jones of Liberty and White of Mclntosh:
A Bill to be entitled an Act to amend an Act relating to abatement of causes of action, dismissal of causes of action, renewal of causes of action and renunciation by the plaintiff in open court of his cause of action; and for other purposes.
Referred to the Committee on Judiciary.
HB 579. By Messrs. Towson and Knight of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of Dudley, so as to extend the City limits; and for other purposes.
Referred to the Committee on Local Affairs.
HR 192-579. By Mr. Bynum of Rabun:
A Resolution compensating Ralph R. Callenback, Jr.; and for other purposes.
Referred to the Committee on Appropriations.
HB 580. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to create a Court to be known as the "Civil and Criminal Court of Clayton County"; to provide for election, qualifications, oath, duties, powers and terms of the Judge and Solici tor; and for other purposes.
Referred to the Committee on Local Affairs.
HR 194-580. By Messrs. Griffin and Conger of Decatur:
A Resolution authorizing the Governor to convey certain real estate owned by the State in Decatur County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 195-580. By Mr. Williams of Hall: A Resolution to compensate Monte F. Trout; and for other purposes.
Referred to the Committee on Appropriations.
1132
JOURNAL OF THE HOUSE,
HB 581. By Mr. Cullens of Bartow:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.
Referred to the Committee on Judiciary.
HB 582. By Mr. Bowen of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 583. By Mr. Bowen of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Dawson; and for other purposes.
Referred to the Committee on Local Affairs.
HR 196-583. By Mr. Bagby of Paulding: A Resolution to compensate Dan W. Forsyth; and for other purposes.
Referred to the Committee on Appropriations.
HR 197-583. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Governing Authority of Cobb County, for regulatory and revenue pur poses, to assess and collect license fees and occupational taxes against any person, firm or corporation including taxicabs and cars for hire; and for other purposes.
Referred to the Committee on Special Judiciary.
HR 198-583. By Mr. Etheridge of Fulton: A Resolution to compensate Ruben B. Cole; and for other purposes.
Referred to the Committee on Appropriations.
HB 584. By Mr. Bell of Richmond: A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in counties having a population of 135,000, so as to change the compensation of the Clerk, Sheriff and other officers; and for other purposes.
Referred to the Committee on Local Affairs.
WEDNESDAY, MARCH 6, 1963
1133
HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A Bill to be entitled an Act to amend an Act to abolish justice courts and establish a Municipal Court for the City of Augusta; and for other purposes.
Referred to the Committee on Local Affairs.
HB 586. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to establish the City Court of Richmond County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 587. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of an assistant solicitor-general, an investigator and three stenographerclerks in the office of the Solicitor-General in counties having a popu lation of not less than 135,000 and not more than 140,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 588. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to be entitled an Act to provide for the appointment of an as sistant solicitor of the city court of all counties having a population between 135,000 and 140,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 589. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to provide an additional compensation for the solicitor-general of certain judicial circuits; and for other purposes.
Referred to the Committee on Judiciary.
HB 590. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of two Superior Court Reporters to Judges of Superior Courts in counties having a population of 115,000 to 140,000; and for other purposes.
Referred to the Committee on Judiciary.
HB 591. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act relating to coroner's fees, in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
1134
JOURNAL OF THE HOUSE,
HB 592. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of a Clerk for the office of the Solicitor of the City Court in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.
Referred to the Committee on Local Affairs.
HB 593. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to be entitled an Act to amend an Act to establish the City Court of Richmond County; to provide for appointment of a Judge and Solicitor; and for other purposes.
Referred to the Committee on Local Affairs.
HB 594. By Mr. Smith of Grady:
A Bill to be entitled an Act to create the Claims Advisory Board; to provide for the composition, powers, duties and authority of said Board; and for other purposes.
Referred to the Committee on Appropriations.
HB 595. By Messrs. Spikes and Ware of Troup: A Bill to be entitled an Act to amend an Act relating to service and return of garnishments, so as to strike that part providing for the issuance of successive summons before trial; and for other purposes.
Referred to the Committee on Judiciary.
HR 199-595. By Mr. Underwood of Taylor: A Resolution authorizing the conveyance of certain State property lo cated in Taylor County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HR 200-595. By Mr. Rutland of DeKalb: A Resolution to compensate Paul T. Kane; and for other purposes.
Referred to the Committee on Appropriations.
HR 201-595. By Messrs. Mackay and Harris of DeKalb: A Resolution to compensate Alston Ramsay, Jr.; and for other purposes.
Referred to the Committee on Appropriations.
WEDNESDAY, MARCH 6, 1963
1135
HR 202-595. By Messrs. Mackay and Harris of DeKalb:
A Resolution to compensate Cyrus W. Horton IV; and for other pur poses.
Referred to the Committee on Appropriations.
HR 203-595. By Messrs. House of Bibb, Dean of Polk, Steis of Harris, Watson of Pike, Underwood of Taylor, Andrews of Stephens and Knight of Berrien:
A Resolution creating an Interim Legislative Committee relative to Defense and Veterans Affairs; and for other purposes.
Referred to the Committee on Rules.
HB 596. By Messrs. Mackay of DeKalb, McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing for election precincts, so as to provide that in counties having a population of 250,000 or more as many election precincts as convenient may be estab lished; and for other purposes.
Referred to the Committee on Judiciary.
HB 597. By Messrs. Knight of Berrien, Deen of Bacon, Wilkes of Cook, Alien of Tift, Henderson of Atkinson and others:
A Bill to be entitled an Act to provide minimum standards for lumber placed in permanent construction; and for other purposes.
Referred to the Committee on Rules.
HB 598. By Mr. Coker of Turner:
A Bill to be entitled an Act to further define and prescribe the pur poses, powers and duties of the Turner County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HB 599. By Messrs. Bolton of Spalding and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to "The Vehicle Equipment Safety Compact"; and for other purposes.
Referred to the Committee on Rules.
HB 600. By Messrs. Bolton of Spalding and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to "The Driver License Compact"; and for other pur poses.
Referred to the Committee on Rules.
1136
JOURNAL OF THE HOUSE,
HB 601. By Messrs. Wilkes of Cook, Twitty of Mitchell, Groover of Bibb:
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 Appropriations.
HB 602. By Messrs. Herndon of Appling, Sinclair of Macon, Deen of Bacon, Warren of Wayne, Hall of Lee, Reaves of Brooks, and many others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program for Education Act", so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes.
Referred to the Committee on Education.
HB 603. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education of Fulton County, so as to give credit for prior service rendered as a teacher in any public school system; 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 519. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to amend an Act to incorporate the City of Sale City, in the County of Mitchell; and for other purposes.
HB 520. By Mr. Dixon of Ware: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Ware County; and for other purposes.
HB 521. By Mr. Jones of Lumpkin: A Bill to be entitled an Act to amend an Act consolidating the Office of Tax Receiver and Tax Collector of Lumpkin County into one office of Tax Commissioner; and for other purposes.
HB 522. By Mr. Jones of Lumpkin: A Bill to be entitled an Act to repeal an Act entitled "An Act to pro vide for the eligibility of members of the County Board of Education of Lumpkin County"; and for other purposes.
WEDNESDAY, MARCH 6, 1963
1137
HB 523. By Messrs. Williams of Hall, Story of Gwinnett, Bowen of Dawson, Smith of Porsyth, Overby of Hall, Morgan of Gwinnett and Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act creating the Lake Lanier Islands Development Authority; and for other purposes.
HB 524. By Mr. Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act incorporating the Town of Menlo, so as to change the name to the City of Menlo; and for other purposes.
HB 525. By Messrs. Pafford of Lanier, Gibbons of Lowndes, Wilkes of Cook, Walker of Lowndes and Knight of Berrien:
A Bill to be entitled an Act to amend an Act relating to State Sena torial Districts, so as to provide for a change in the composition of two districts; and for other purposes.
HB 526. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating a Board of Utilities Commissioners for Catoosa County; and for other purposes.
HB 527. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Melton of Spalding:
A Bill to be entitled an Act to amend an Act entitled "An Act to codify the school laws of the State of Georgia, so as to provide that the Board of Education of any county school district shall have the power to equip facilities for education beyond the 12th grade"; and for other purposes.
HB 528. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend an Act relating to the filing of corporation income tax returns, so as to repeal the provisions relative to the filing of a single income tax return by two or more corporations; and for other purposes.
HR 183-528. By Mr. Fowler of Treutlen:
A Resolution to compensate Evie Jean Hook; and for other purposes.
HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said charter from $100.00 to $300.00; and for other purposes.
1138
JOURNAL OF THE HOUSE,
HB 530. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of two Deputy State Revenue Commissioners; to provide for the offices of Deputy State Revenue Commissioner; and for other purposes.
HB 531. By Mr. Tucker of Burke:
A Bill to be entitled an Act to amend an Act to provide a maximum salary for the Coroner of Burke County; and for other purposes.
HB 532. By Mr. Bowen of Randolph:
A Bill to be entitled an Act to amend an Act incorporating the Town of Shellman in Randolph County, so as to change the millage rate limit upon all property subject to levy by the Mayor and City Councilmen; and for other purposes.
HB 533. By Messrs. Teague, Flournoy and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act relating to the invest ment of certain proceeds by counties in certain securities, so as to pro vide additional securities for the investment by counties; and for other purposes.
HB 534. By Messrs. Pickard, Dicus and Jones of Muscogee:
A Bill to be entitled an Act to authorize the City of Columbus and Muscogee County to appropriate and pay into the Health Fund of the County Board of Health all or any part of said budget as to the Com mission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County is deemed meet and proper; and for other purposes.
HB 535. By Messrs. Towson of Laurens, Lambert of Morgan, McClelland of Fulton, White of Mclntosh, Richardson of Chatham and others:
A Bill to be entitled an Act to amend an Act relating to Situs of Debt Due by Garnishee for the purpose of attachment to provide that the proceeds of insurance policies are not subject to garnishment unless the property insured is located in this State or the insured is a resident of this State; and for other purposes.
HR 184-535. By Mr. Underwood of Montgomery:
A Resolution proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Roads and Revenues or other governing authorities in all counties shall have the right to access license fees from all persons; and for other purposes.
WEDNESDAY, MARCH 6, 1963
1139
HR 185-535. By Messrs. Shea, Funk and Richardson of Chatham:
A Resolution creating the Forward Georgia Commission; and for other purposes.
HR 186-535. By Messrs. Mackay and Harris of DeKalb: A Resolution to compensate Robert L. Norquist; and for other purposes.
HB 536. By Mr. Parker of Screven:
A Bill to be entitled an Act to amend an Act incorporating and grant ing a new charter to the City of Sylvania; and for other purposes.
HB 537. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act providing for the appoint ment and salary of a Judge and Solicitor for the City Court of Hall County; and for other purposes.
HB 538. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend the charter of the Town of Clermont; and for other purposes.
HB 539. By Mr. White of Mclntosh:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Ordinary of Mclntosh County; and for other purposes.
HB 540. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Stewart; and for other purposes.
HB 541. By Messrs. Singer of Stewart, Black of Webster and Fulford of Terrell:
A Bill to be entitled an Act to amend an Act known as the "Motor Fuel Tax Law"; to provide for a refund of tax paid on gasoline when used solely for chain saws, pulpwood saws or any other type saw used in cutting timber; and for other purposes.
HB 542. By Mr. Mackay of DeKalb:
A Bill to be entitled an Act to define the legal status and non-liability of a fiduciary, (whether an executor, administrator, guardian or trus tee) when obeying the exercise of fiduciary powers in and by another co-fiduciary, committee or person or persons to direct investments; and for other purposes.
1140
JOURNAL OP THE HOUSE,
HR 187-542. By Mr. Lowrey of Floyd:
A Resolution transferring certain State property located in Ployd County to the trustees of the cemetery of the Oostanoula (or Popes) Church; and for other purposes.
HB 543. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk of the Tax Commissioners; and for other purposes.
HB 544. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in Dodge County, so as to change the allowable compensation of the Clerk of the Commissioner of Roads and Revenues; and for other purposes.
HB 545. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dodge County on a salary basis, so as to change the allowable compen sation of the Clerk to the Ordinary; and for other purposes.
HB 546. By Mr. Stuckey of Dodge:
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 Dodge, the Sheriff and the Clerk of Superior Court, so as to change the total compensation to be paid an Additional Deputy Sheriff, the Deputy Clerk and to assistant or assistants in the office of the Clerk; and for other pur poses.
HB 547. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to amend an Act effectuating a complete revision of the laws of this State relating to the qualification and regis tration of voters, so as to provide a definition for the term "resident"; and for other purposes.
HB 548. By Messrs. Lee and Odom of Dougherty:
A Bill to be entitled an Act to define collection agencies for the pro tection of the public; to provide for the filing of a bond by collection agencies; to exempt the provisions of this Act from application to cer tain persons, firms and corporations; and for other purposes.
WEDNESDAY, MARCH 6, 1963
1141
HB 549. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the Judges, Solicitor, Clerk and Marshal; and for other purposes.
HB 550. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to provide for a charter for the City of North Atlanta, in the County of DeKalb; and for other purposes.
HB 551. By Messrs. Duncan and Waldrop of Carroll:
A Bill to be entitled an Act to create the Carrollton Payroll Develop ment Authority; and for other purposes.
HB 552. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to create the Mt. Zion, Turkey Creek and Flint Corner Development Authority; and for other purposes.
HB 553. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to provide and define wards; and for other purposes.
HB 554. By Messrs. Wilson, Teague and Flournoy of Cobb:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, pertaining to the Marietta Board of Educa tion, so as to change the corporate limits of said City; and for other purposes.
HB 555. By Messrs. Andrews of Stephens, Bynum of Rabun, Groover of Bibb, Clark of Catoosa, Tucker of Catoosa, Story of Gwinnett, Lane of Bulloch, and others:
A Bill to be entitled an Act to authorize special agents and enforce ment officers of the Revenue Department, in the enforcement of the liquor, wine and beer laws of this State, to bear arms, make arrests, execute warrants for arrest, investigate and execute search warrants, and seize and hold articles of contraband; and for other purposes.
HB 556. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing that the fees of an auditor shall be taxed by the Judge and providing the amount of said fees, so as to provide that the fees of an auditor to whom a case has been referred shall be determined by the trial judge making such referral; and for other purposes.
1142
JOURNAL OF THE HOUSE,
HB 557. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act providing that fees of an auditor shall be taxed by the judge and providing for the amount of such fees; and for other purposes.
HB 558. By Messrs. Killian and Isenberg of Glynn:
A Bill to be entitled an Act to provide for the appointment and terms of office of members of the Brunswick and Glynn County Development Authority; and for other purposes.
HB 559. By Messrs. Groover, and Laite of Bibb:
A Bill to be entitled an Act to amend the Charter of the City of Macon providing ad valorem tax levy for general municipal purposes shall be limited to 15 mills; and for other purposes.
HB 560. By Mr. Anderson of Pulaski:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville relating to the Board of Commissioners; and for other purposes.
HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to rename the State Department of Public Welfare as the State Department of Family and Children Serv ices; and for other purposes.
HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.
HB 563. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide that in all criminal trials, except when the defendant enters a plea of guilty, the jury shall first deter mine the guilt or innocence of the accused, and for other purposes.
HB 564. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act relating to the registration of attorneys or agents employed for lobbying purposes so as to require that they wear identifications; and for other purposes.
WEDNESDAY, MARCH 6, 1963
1143
HB 565. By Mr. Dean of Polk:
A Bill to be entitled an Act to provide free parking to disabled veterans entering State parks; and for other purposes.
HR 190-565. By Mr. Sangster of Dooly:
A Resolution to provide compensation for Bowles & Tillinghast, Inc. Actuaries and Employee Benefit Plan Consultants for services rendered for the Interim Legislative Committee to study matters relating to the retirement of employees of the Department of Public Safety created by Resolution at the 1962 Session of the General Assembly; and for other purposes.
SB 23. By Senator Loggins of the 53rd:
A Bill to be entitled an Act to amend Sec. 68-502, Code of Ga. of 1933, as amended, defining certain terms used in Chapter 68-5, Code of Ga. of 1933, as amended, concerning regulation of "motor carriers", so as to provide that the term "motor carrier"; and for other purposes.
SB 90. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Sec. 68-510 of the Code of Georgia of 1933, as amended, redefining the powers of the Public Service Com mission to fix fares, rates and charges for transportation of passengers and property; and for other purposes.
SB 91. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Section 68-618 of the Code of Georgia of 1933 concerning the regulation of "Motor common carriers"; and for other purposes.
SB 93. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Section 68-514 of the Code of Georgia of 1933 concerning the regulation of "motor carriers"; and for other purposes.
SB 107. By Senators Loggins of the 53rd, Pannell of the 54th and Downing of the 1st:
A Bill to be entitled an Act to amend Code Section 81-206, relating to service by publication in divorce actions, so as to provide that the clerk of the court in which such actions are pending may order service by publication; and for other purposes.
1144
JOURNAL OF THE HOUSE,
SB 116. By Senator Carlton of the 21st:
A Bill to be entitled an Act to repeal Code Section 60-512, relating to the transfer of registered real estate between husband and wife; and for other purposes.
The following Rules Committee Report was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Wednesday, March 6, 1963 and submits the following:
HB
39 Superior Court, misdemeanor cases
HR 29-47 Compensate Christine King
HB
52 Board of Engineers & Surveyors, per diem (rec.)
HB 121 Motor common carriers, redefine "for hire"
HB 122 Motor carriers, redefine "for hire"
HB 139 Credit for prior service, clarify
HB 162 Health Code
HB 163 State institutions, cost of care
HB 184 Employees' Retirement, re-establish membership
HB 205 Notes of indebtedness, counties (reconsidered)
HB 209 Insurance Code, amend
HB 210 Use of Georgia Forest Products only (reconsidered)
HB 248 Recreation systems, cities, counties'
HR 109-267 Transfer property, Fulton County
HB 302 Small Claims Court, certain counties
HB 313 Grants to county, State owned land
HB 348 Sheriffs' Retirement Fund
HB 365 Weight and Measures, standards (postponed)
HB 426 Civil Defense, organize each county
HR 150-426 State, local government, cases of emergency
HB 265 Civil cases, trial at return term
HB 420 Traffic laws, abuses and irregularities
HB 352 Pinball machines, unlawful
HB 165 Prohibit crab fishing, St. Andrew's Sound
HB 265 Civil cases, trial at return term
WEDNESDAY, MARCH 6, 1963
1145
HB 323 Relating to Public Assistance Program
HB 324 Aid to the Disabled Act
HB 325 Aid to the Blind Act
HB 326 Aid to the Dependent Children
HB 420 Traffic laws, abuses and irregularities
HR 148-422 Convey property, Cherokee County
HB 426 Civil Defense, organize each county
HR 150-426 State, local government, cases of emergency
HB 446 Georgia Forestry Commission, amend
HR 175-494 Creation of Dental College
HB 517 Public Service Commission, salaries
SB
25 Holding public sales, time
SB
45 Superior Court Clerks, recording fees
SB
46 Transcript of record, cost
SB
82 Citrus fruit, grades, standards
The Speaker shall have the right to call the above Bill and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham, Secretary.
Mr. Melton of Spalding County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education 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 100. Do Pass as Amended. HB 527. Do Pass. SB 81. Do Pass. SB 102. Do Pass as Amended.
Respectfully submitted,
Melton of Spalding, Chairman.
1146
JOURNAL OF THE HOUSE,
Mr. Murphy of Haralson County, Chairman of the Committee on Hygiene and Sanitation, has 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 504. Do Pass.
HB 472. Do Pass.
HB 432. Do Pass as Amended.
Respectfully submitted,
Murphy of Haralson, Chairman.
Mr. Conner of Jeff Davis 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 42. Do Pass. SB 64. Do Pass.
Respectfully submitted, Conner of Jeff Davis, 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:
HB 535. Do Pass. HB 556. Do Pass. HB 557. Do Pass. HB 563. Do Pass.
WEDNESDAY, MARCH 6, 1963
1147
HB 401. Do Pass by Committee Substitute. HB 424. Do Pass as Amended.
HR 163-445. Do Pass.
SB
98. Do Pass.
SB 107. Do Pass.
Respectfully submitted,
Busbee of Dougherty, Chairman.
Mr. Hale of Dade 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 508. Do Pass. HB 514. Do Pass. HB 519. Do Pass. HB 521. Do Pass. HB 522. Do Pass. HB 524. Do Pass. HB 526. Do Pass. HB 529. Do Pass. HB 531. Do Pass. HB 532. Do Pass. HB 534. Do Pass. HB 536. Do Pass. HB 537. Do Pass. HB 538. Do Pass. HB 539. Do Pass. HB 540. Do Pass. HB 543. Do Pass. HB 544. Do Pass. HB 545. Do Pass.
1148
JOURNAL OP THE HOUSE,
HB 546. Do Pass. HB 549. Do Pass. HB 550. Do Pass. HB 551. Do Pass. HB 552. Do Pass. HB 554. Do Pass. HB 558. Do Pass. HB 560. Do Pass. SB 59. Do Pass. HB 553. Do Pass as Amended.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Vaughn of Rockdale County, Vice-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 House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HR 197-583. Do Pass. Respectfully submitted,
Vaughn of Rockdale, Vice-Chairman.
Mr. Ware of Troup 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:
HB 555. Do Pass.
SB 74. Do Pass.
WEDNESDAY, MARCH 6, 1963
1149
SB 84. Do Pass as Amended. SB 83. Do Pass.
Respectfully submitted, Ware of Troup, 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 492. Do Pass by Substitute.
HB 485. 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 of the Senate to wit:
SB 123. By Senators Broun of the 46th, Pennington of the 45th and others:
A Bill to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and interstate 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:
1150
JOURNAL OP THE HOUSE,
HB 7. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes; to remove the millage limits prescribed in Code Sections 92-3702 and 92-3706; and for other purposes.
HB 385. By Messrs. Tucker and Clark of Catoosa and others:
A Bill to amend an Act creating the Lookout Judicial Circuit, so as to provide for clerical assistance for the Solicitor-General of the Look out Mountain Judicial Circuit; 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 258. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill vesting in the City of Columbus fee simple title to a certain tract of land in said City; and for other purposes.
HE 188. By Messrs. Newton of Colquitt, Perry of Evans and others:
A Resolution opposing a move being made through official channels to require the identifying by tagging of tobacco treated with maleic hydrazide (MH-30).
HR 189. By Mr. Clarke of Monroe:
A Resolution commending George H. Bostick, Senior at Mary Persons High School, Forsyth, Georgia; and for other purposes.
HB 246. By Messrs. Richardson of Chatham, Flournoy of Cobb and others:
A Bill to amend an Act effecting a complete revision of the Laws of this State relating to the qualification and registration of voters so as to provide for registration at places other than the office of the registrars; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
WEDNESDAY, MARCH 6, 1963
1151
SB 121. By Senator Downing of the 1st:
A Bill to provide that the month of February shall be designated as American History Month in the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 28. By Senators Coggin of the 35th and Brown of the 34th:
A Bill to amend an Act regulating the installation of warm air heat ing equipment, and creating a Board of Examiners of Warm Air Heat ing Contractors, so as to provide for additional persons who shall be eligible to serve on the Board of Examiners; and for other purposes.
SR 36. By Senator Johnson of the 42nd:
A Resolution creating a "Public Pensions Study Commission"; to pro vide for the appointment and compensation of its members; to define the duties and powers of the Commission; and for other purposes.
SR 68. By Senator Hunt of the 26th:
A Resolution opposing the proposed cutback and urging the expansion of high school ROTC; and for other purposes.
SR 69. By Senators Pannell of the 54th and Conway of the 41st: A Resolution extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate; and for other purposes.
SB 70. By Senators Pannell of the 54th and Lee of the 47th: A Resolution extending an invitation to Senator Herman E. Talmadge to address a joint session of the House and Senate; and for other pur poses.
The Senate insists on its position to the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb: A Bill to amend an Act relating to criminal procedure, so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
The President has appointed as a committee of conference on the part of the Senate Senators Smalley of the 28th, Johnson of the 42nd and Hunt of the 26th.
1152
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 28. By Senators Coggin of the 35th and Brown of the 34th:
A Bill to be entitled an Act to amend an Act regulating the installation of warm air heating equipment, and creating a Board of Examiners of Warm Air Heating Contractors, so as to provide for additional per sons who shall be eligible to serve on the Board of Examiners; and for other purposes.
Referred to the Committee on Industry.
SR 36. By Senator Johnson of the 42nd:
A Resolution creating a "Public Pensions Study Commission"; to pro vide for the appointment and compensation of its members; to define the duties and powers of the Commission; and for other purposes.
Referred to the Committee on Rules.
SB 121. By Senator Downing of the 1st:
A Bill to be entitled an Act to provide that the month of February shall be designated as American History Month in the State of Georgia; and for other purposes.
Referred to the Committee on Rules.
SB 123. By Senators Broun of the 46th, Pennington of the 45th and others:
A Bill to be entitled an Act to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and interstate commerce; and for other purposes.
Referred to the Committee on Highways.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be read for the first time today because of the urgency of same:
HB 603. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education of Fulton County, so as to give credit for prior service rendered as a teacher in any public school sys tem; and for other purposes.
WEDNESDAY, MARCH 6, 1963
1153
Mr. Dicus of Muscogee moved that the House reconsider its action in failing to give the requisite constitution majority, to the following Bill of the House:
HB 199. By Messrs. Dicus of Muscogee, Killian of Glynn and others:
A Bill to be entitled an Act to require that a sign reading "Communist Made Products Sold Here", shall be displayed at all entrances of whole sale and retail establishments in this State which offer goods produced in Communist countries; and for other purposes.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Arnsdorff Ballard Barber Bedgood Bell Black Blalock of Coweta Branch Carr Chandler Clark of Catoosa Dicus Dixon Duncan of Fannin Duncan of Carroll Fowler of Douglas Funk Gibbons Groover Harrell Harrington Henderson Herndon
Horton Hurst Jones of Lumpkin Jones of Muscogee Keadle Kelly Keyton King Knight of Berrien Lee of Clinch Lewis Lowrey McClelland McGarity Mixon Moate Morgan of Newton Nessmith Pafford Paris Parker Partridge Perry of Marion Perry of Evans
Those voting in the negative were Messrs.:
Anderson Bowen of Dawson Bowen of Toombs Brown Bynum Chance Coker of Cherokee Dean of Polk Flynt
Griffin Hale House Houston Johnson of Warren Knight of Laurens Meeks Melton Milford
Pickard Rhodes Rowland Russell Sewell Shea Simp son Sinclair Singer Smith of Telfair Stalnaker Steis Stuckey Tabb Teague Twitty Vaughn Waldrop Walker Wells of Oconee Williams of Hall Wilson of Brantley Woodward
Mitchell Morgan of Gwinnett Overby Peterson Ponsell Poole Pope Poss Roberts
1154
JOURNAL OF THE HOUSE,
Roper Smith of Forsyth Smith of Habersham
Story Towson Tucker of Burke
Wells of Peach 'Wilson of Cobb
Those not voting were Messrs.:
Abney Acree Andrews Bagby Baughman Blair Blalock of Clayton Bolton Bowen of Randolph Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Busbee Byrd Caldwell Causby Clarke of Monroe Coker of Turner Conger Conner Crummey Cullens Davis Deen of Bacon DeVane Dorminy Echols Etheridge Fleming Flournoy Floyd Fowler of Treutlen Fulford
Greene Hall Harris Hill Hull Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Floyd Jordan of Calhoun Killian Kirkland Laite Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lindsey Logan Lokey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McKemie Milhollin Moore Mullis Murphy Newton of Jenkins Newton of Colquitt
Odom Payton Phillips Rainey Raulerson Reaves Richardson Rodgers Rutland Sangster Scarborough Shaw Shuman Simmons Smith of Emanuel Smith of Whitfield Snow Spikes Todd Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Ware Warren Watson Watts Wells of Camden White Wilkes Williams of Coffee Mr. Speaker
On the motion to reconsider, the ayes were 71, nays 35.
The House has reconsidered and HB 199 was placed at the foot of the calendar.
Mr. Chandler of Baldwin asked unanimous consent that the following Bill of the House be taken off the table:
WEDNESDAY, MARCH 6, 1963
1155
HB 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill, Harrington of Baldwin, and others:
A Bill to be entitled an Act to amend an Act known as Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gaso line used on navigable waters; and for other purposes.
The consent was granted, and HB 320 was taken off the table.
Mr. Bolton of Spalding asked unanimous consent that the Rules Calendar be amended by adding the following Bill of the House:
HB 395. By Messrs. Fowler of Douglas and 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.
The consent was granted and HB 395 was placed on the Rules Calendar.
By unanimous consent, the following bills of the House were taken up for consideration and read the third time:
HB 508. By Mr. Chance of Twiggs:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Jeffersonville, so as to change the corporate limits of the City of Jeffersonville; and for other purposes.
The report 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 302. By Messrs. Keyton and Russell of Thomas:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to provide for a change in the procedure and practice in garnishments; and for other purposes.
1156
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Keyton of Thomas moves to amend HB 302 as follows:
By striking from said Bill, section 7, Subsection 19 (b) and by striking from the title the words "to provide for furnishing the said small claims court with certain law books".
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolutions of the House were read and referred to the Com mittee on Rules:
HR 206. By Messrs. Been of Bacon, Todd of Glascock, Kelly of Jasper, Bynum of Rabun, Knight of Laurens, Lee of Dougherty, and Mixon of Irwin:
A RESOLUTION
Urging the Governor of the State of Georgia and the Georgia Con gressional Delegation to resist any changes in the present capital gains tax laws, relating to the cutting or disposal of timber; and for other purposes.
WHEREAS, forest land comprises 25,772,200 acres, 69% of the total land area of the State; and
WHEREAS, 23,931,100 acres are in private ownership and consti tute 93% of the total forest land; and
WHEREAS, these forest lands are providing approximately a gross return of one billion dollars to the State's economy through forest industries; and
WHEREAS, forest industry represents the third largest dollar volume of industry and supports 200,000 or more persons annually; and
WHEREAS, Georgia has led the nation in reforestation for many years, having converted almost 700,000 acres from crop land to trees under the Soil Bank Program in recent years; and
WEDNESDAY, MARCH 6, 1963
1157
WHEREAS, investments are made for long periods of time during which they are continuously subject to many hazards, such as fire, in sects, disease, and market fluctuations; and
WHEREAS, the State and Federal Governments have encouraged forest land owners to develop previously unproductive lands for tim ber products; and
WHEREAS, Georgia leads the nation in the number of acres under the Tree Farm Program; and
WHEREAS, an incentive must exist to encourage the production of crops that must be produced over two or more decades before any sub stantial financial return is realized; and
WHEREAS, the capital gains tax treatment on long term timber gains recognizes these various factors; and
WHEREAS, this type of tax treatment has been effective in stimu lating private forest owners to adopt management plans and programs to produce timber to meet the national needs; and
WHEREAS, private forest land is in a wide variety of ownerships with 197,000 owners in Georgia; and
WHEREAS, the repeal of capital gains taxation will materially reduce the ability of private individuals and industry to continue re forestation and will accelerate the cutting of present timber growth; and
WHEREAS, forestry has made its greatest advances during the last 20 years as the result of stimulus of capital gains;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Governor of the State of Georgia and all members of the Georgia Congressional Delegation are urged to do everything in their power to maintain the present capital gains tax treatment regarding the cutting or disposal of timber.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Reso lution to the Governor of the State of Georgia and to each member of the Georgia Congressional Delegation.
HR 207. By Mr. Chandler of Baldwin:
A RESOLUTION
To create a Committee to investigate, recommend and determine ways and means to strengthen the State Employees' Retirement Fund and the State Employees' Retirement System; and for other purposes.
1158
JOURNAL OF THE HOUSE,
WHEREAS, the present net earnings of the State Employees' Re tirement Fund is not commensurate with that of other Retirement Funds in the United States; and
WHEREAS, it has been stated that the earnings of the State Employees' Retirement System are at a maximum; and
WHEREAS, the employees who contribute to the State Employees' Retirement Fund feel that said fund and the earnings therefrom is one of their most cherished assets and that the earnings from said Fund should be above the present earnings; and
WHEREAS, a stable and reliable State Employees' Retirement Sys tem would attract career personnel of a high caliber and who are known in the fields of their endeavors.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a Committee to be known as the State Employees' Retirement Fund Study Committee, to be composed of five members of the House of Representatives which shall be appointed by the Speaker. The Committee shall be authorized and empowered to study the laws, rules and regulations relative to the State Employees' Retirement Fund and the State Employees' Retirement System; to study the present investments of the State Employees' Re tirement Fund; to study the income and earnings of such fund and to make such other investigation and study that will determine ways and means of strengthening the State Employees' Retirement Fund and the State Employees' Retirement System. The Committee shall he au thorized to make studies of other Retirement Funds and to the invest ments of such Funds as they deem necessary and to make such other studies and investigations as may be necessary to carry out the pur poses and intents of this Resolution. The Committee shall be limited to a total time of fifteen (15) days per member for the purposes set forth herein and the members of said Committee shall receive the com pensation, per diem, expenses and allowances authorized for legislative members of interim legislation committees. All funds necessary for the purposes and intents of this Resolution shall come from the funds appropriated to or available to the legislative branch of government. The Committee shall make a report of its findings, investigations and recommendations to the 1964 Session of the General Assembly on or be fore January 10, 1964, and the Committee shall stand abolished as of that date. Provided, however, that the Committee is authorized to make interim reports at any time prior to February 10, 1964, as the Commit tee sees fits and release the same to the various news media of the State.
HR 208. By Mr. Towson of Laurens:
A RESOLUTION
Creating a Committee to study problems connected with the disposi tion of unclaimed property; and for other purposes.
WEDNESDAY, MARCH 6, 1963
1159
WHEREAS, Georgia is lacking in proper statutes relative to the problem of disposition of unclaimed property; and
WHEREAS, a bill (HB No. 6), known as the "Disposition of Un claimed Property Act", has been introduced at this session of the Gen eral Assembly, but it is felt that in view of the magnitude of the sub ject that thorough study should be given to any such proposal prior to its passage;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that there is hereby created a committee to study problems relating to disposition of unclaimed property, including a study of House Bill No. 6 and related problems, so that a more intelli gent and knowledgeable appraisal of the subject may be made by all members of the General Assembly after receiving information from the committee. The committee shall be composed of the Chairman of the House Ways and Means Committee and two other members of said committee to be appointed by the Speaker. Each member shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees for not to exceed fifteen days for each member. The Office of Legislative Counsel shall assist the committee in its study and the committee shall be authorized to call upon representatives of the State Revenue Department and the Attorney General's Office for assistance. The committee shall make a report of its findings and recommendations on or before December 1, 1963, on which date the committee shall stand abolished. Funds neces sary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Govern ment.
The following Resolutions of the House and Senate were read and adopted:
HR 209. By Messrs. Stalnaker of Houston, Sewell of Sumter, Perry of Marion, Black of Webster, and Fulford of Terrell:
A RESOLUTION
Expressing regrets at the passing of A. E. Durham; and for other purposes.
WHEREAS, on March 5, 1963, Mr. A. E. Durham, the father-inlaw of the Honorable Marvin E. DeVane, passed away; and
WHEREAS, Mr. A. E. Durham was an outstanding member of his community and State, whose contributions thereto will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and profoundest regrets at the passing of this most outstanding citizen.
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HR 210. By Messrs. Kirkland of Tattnall and Bowen of Toombs:
A RESOLUTION
Commending the Honorable Guy W. Rutland, Jr.; and for other purposes.
WHEREAS, an unfortunate automobile accident suddenly and without warning required the hospitalization of the Honorable George T. Smith, Speaker of the House of Representatives; and
WHEREAS, it befell the duty of Honorable Guy W. Rutland, Jr. as Speaker Pro Tern, of the House of Representatives to assume the leadership of the House of Representatives as its presiding officer; and
WHEREAS, the Speaker Pro Tern, assumed the duties of presiding officer of the House of Representatives in a most hectic and taxing period; and
WHEREAS, Guy W. Rutland, Jr. has risen to meet the challenge of the duties and functions of this most important position which has been suddenly thrust upon him; and
WHEREAS, during this most difficult and trying period, the Speaker Pro Tern, has demonstrated an outstanding ability to preside with a great degree of parliamentary dignity and yet maintain the tight discipline required to keep the business before the House moving in a smooth and orderly fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES, that this body does hereby commend and ex press its appreciation for the manner in which the Speaker Pro Tern, has assumed his duties as presiding officer of this body.
HR 211. By Messrs. Lane and Nessmith of Bulloch, Simpson of Wheeler, Griffin of Decatur, Warren of Wayne, and Paris of Barrow:
A RESOLUTION
Relative to the Southern Bell Telephone Center; and for other purposes.
WHEREAS, young telephone ladies in attendance have greatly aided the members of the House in placing and receiving their tele phone calls during this session; and
WHEREAS, these young ladies, Mrs. Mildred Arnold, Miss Jose phine Susong and Mrs. Martha Woodward, have cheerfully given their services through the facilities of the well-planned telephone center which has been provided by the Southern Bell Telephone and Telegraph Company;
WEDNESDAY, MARCH 6, 1963
1161
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that these above named young ladies be extended the warmest thanks of this House for their prompt, efficient, and un tiring efforts in providing this most helpful service and convenience.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Southern Bell Telephone and Telegraph Company and to each of the young ladies as a token of the appreciation of this House.
HR 212. By Messrs. Gibbons and Walker of Lowndes:
A RESOLUTION
Commemorating the 50th Anniversary of Valdosta State College; and for other purposes.
WHEREAS, Valdosta State College, then South Georgia State Normal College, opened as a junior college on January 2, 1913; and
WHEREAS, the college department enrollment at that time was comprised of only 38 students; and
WHEREAS, when the 1962-63 fall quarter opened, 1,010 students, about equally divided between men and women, were enrolled at Val dosta State College; and
WHEREAS, Valdosta State College has grown to be one of the outstanding senior units in the University System of Georgia, offering all the standard majors in A.B. and B.S. degrees and a professional degree in chemistry; and
WHEREAS, Valdosta State College has experienced rapid growth in its physical facilities in recent years which has been prompted by the increasing student admissions; and
WHEREAS, with excellent facilities and a strong faculty, Val dosta State College is training many students as teachers who are in high demand throughout the State of Georgia and in neighboring states; and
WHEREAS, throughout the year the alumni of Valdosta State College have contributed immensely to the moral fiber of this State; and
WHEREAS, the President of Valdosta State College is a well qualified and capable successor to Doctor Richard Holmes Powell, Doc tor Jere M. Pound and Doctor Frank Robertson Reade, the first, sec ond and third Presidents of Valdosta State College, respectively; and
WHEREAS, the college has made outstanding progress in the last 50 years and the President and faculty are looking forward to the time
1162
JOURNAL OP THE HOUSE,
when the college may include a graduate program to serve the people of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this Body hereby extends sincerest con gratulations to Valdosta State College upon its 50th Anniversary and commends Doctor J. Ralph Thaxton and the members of the faculty for their outstanding contributions to the State and Nation and wish to the college continued success in training the leaders of tomorrow.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Doctor J. Ralph Thaxton, President of Valdosta State College.
HR 213. By Mr. House of Bibb:
A RESOLUTION
Expressing regrets at the passing of Doctor Spright Dowell; and for other purposes.
WHEREAS, Doctor Spright Dowell, President Emeritus of Mercer University, passed away Sunday, February 24, 1963; and
WHEREAS, Doctor Dowell began his career as an educator in the public schools of Alabama, later serving as State Director of Teaching and as State Superintendent of Education; and
WHEREAS, in 1920 he accepted the presidency of Alabama Poly technic Institute, now Auburn University, where he served eight event ful years; and
WHEREAS, he became President of Mercer University in 1928, holding that position for 25 years, the longest term in the history of that institution; and
WHEREAS, following his retirement in 1953, he was named Presi dent Emeritus and in 1959 was called back into service as acting Presi dent for one year; and
WHEREAS, a devout Baptist layman, Doctor Dowell was a Sun day School Superintendent and a deacon for more than 50 years; and
WHEREAS, he was past President of the Georgia Baptist Con vention, and Chairman Emeritus of the Board of Deacons of the First Baptist Church in Macon, Georgia; and
WHEREAS, in 1959, the Georgia Baptist Convention passed a spe cial citation honoring his service and leadership; and
WHEREAS, this distinguished educator and religious lay leader will be sorely missed by the officials, faculties, students and alumni of Mercer University and by all other citizens of this State.
WEDNESDAY, MARCH 6, 1963
1163
NOW, THEREFOEE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that deepest regrets are hereby expressed upon the passing of Doctor Spright Dowell, 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 Mrs. Camille Early Dowell, the bereaved widow of the late Doctor Spright Dowell and to the officials of Mercer University.
HR 214. By Messrs. McClelland, Etheridge, and Brooks of Fulton:
A RESOLUTION
Expressing regrets at the passing of Honorable Robert F. Pennington; and for other purposes.
WHEREAS, the General Assembly of the State of Georgia has been informed and is saddened to learn of the passing of Honorable Robert F. Pennington, Vice Chairman of the Joint City-County Board of Tax Assessors of the City of Atlanta and Fulton County; and
WHEREAS, Mr. Pennington passed away on the seventeenth day of February, 1963 after a protacted illness; and
WHEREAS, Mr. Pennington was elected to the General Council of the City of Atlanta in 1927 and served for a term of four years; and
WHEREAS, thereafter he joined the staff of the Fulton County Board of Tax Assessors in 1938 and served until January 1, 1948. Since that time, Mr. Pennington has served with distinction and has rendered valuable public service in the position of Tax Assessor, not only for Fulton County but as a member of the Joint City-County Board of Tax Assessors since its organization; and
WHEREAS, Mr. Pennington has been active in many religious, civic, professional, social and fraternal organizations; and
WHEREAS, it is only fit and proper that this body show its grati tude for the faithful public service performed by the late Mr. Pen nington.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that this body does hereby express its sorrow in the passing of the Honorable Robert F. Pennington and extend its sym pathy to his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to the family of the late Honorable Robert F. Pennington.
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JOURNAL OF THE HOUSE,
SR 61. By Senator Webb of the llth:
A RESOLUTION
Expressing regrets at the passing of Dr. Spright Dowell; and for other purposes.
WHEREAS, on February 24, 1963, Dr. Spright Dowell passed away, at the age of 85, ending a long and illustrious career in the field of education; and
WHEREAS, Dr. Spright Dowell's teaching career began as an in structor in the public schools in the State of Alabama; and
WHEREAS, he rose to the position of State Director of Teaching and later became State Superintendent of Education; and
WHEREAS, Dr. Dowell served as the president of Alabama Poly technic Institution, now Auburn University for eight years; and
WHEREAS, he served as president of Mercer University for twenty-five years, which is the longest tenure as president in that institution's history; and
WHEREAS, he had served as president emeritus of Mercer Uni versity since his retirement in 1953, having been called back to serve as acting president of that institution in 1959 for one year; and
WHEREAS, during this distinguished educator's illustrious career he served as chairman and president of many church and educational committees, conferences, and associations and was bestowed the honor of receiving many honorary degrees from such institutions of higher learning as the University of Alabama, Howard College, Baylor Uni versity, Wake Forest College, and Mercer University, in recognition of his outstanding achievements; and
WHEREAS, he was an outstanding lay leader of the Baptist Church, both in his own community and the State of Georgia; and
WHEREAS, during his long career as an educator, Dr. Dowell had endeared himself to the many students, faculty members and associates with whom he counseled and guided; and
WHEREAS, this most distinguished gentleman's contributions, leadership and inspiration furnished to his many friends, associates and students shall be missed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that this body does hereby express its deep est regrets at the passing of this outstanding Georgian and does hereby extend to the members of this man's family and his many friends its deepest and sincerest sympathy.
WEDNESDAY, MARCH 6, 1963
1165
BE IT FURTHER RESOLVED, that the Secretary of the Senate is hereby authorized and instructed to transmit a suitable copy of this Resolution to the bereaved widow, Mrs. Spright Dowell, and to the President of Mercer University.
SR 59. By Senator Jackson of the 16th:
A RESOLUTION
Designating Peace Officers Memorial Day and Police Week; and for other purposes.
WHEREAS, the Congress of the United States by joint resolutions has designated May 15th of each year as Peace Officers Memorial Day and the calendar week during which May 15th occurs as Police Week, which resolution reads as follows:
"To authorize the President to proclaim May 15 of each year as Peace Officers Memorial Day and the calendar week of each year during which such May 15 occurs as Police Week.
"Whereas the police officers of America have worked devotedly and selflessly in behalf of the people of this Nation, regardless of the peril or hazard to themselves; and
"Whereas these officers have safeguarded the lives and prop erty of their fellow Americans; and
"Whereas by the enforcement of our laws, these same officers have given our country internal freedom from fear of the violence and civil disorder that is presently affecting other nations; and
"Whereas these men and women by their patriotic service and their dedicated efforts have earned the gratitude of the Republic: Now, therefore, be it RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That the President is authorized and requested to issue proclamations (1) designating May 15 of each year as Peace Officers Memorial Day in honor of the Federal, State, and municipal officers who have been killed or disabled in the line of duty, (2) designating in each year the cal endar week during which such May 15 occurs as Police Week, in recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforce ment of our laws, and (3) inviting the governments of the States and communities and the people of the United States to observe such day and week with appropriate ceremonies and activities."; and
WHEREAS, the welfare of the State of Georgia and the welfare of its peace officers are inseparable; and
1166
JOURNAL OF THE HOUSE,
WHEREAS, each year many loyal and dedicated peace officers are killed or disabled in the line of duty; and
WHEREAS, it is only fitting and proper that the peace officers of Georgia and of this Nation be honored for their outstanding services, their devotion to duty and their loyalty to the ideals of this great State and Nation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that May 15th of each year is hereby designated as Peace Officers Memorial Day and the calendar week in which May 15 occurs is hereby designated as Police Week and all the citizens of this State are hereby urged to observe said week and said day each year in the proper manner and with appropriate 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 transmit a copy of this resolution to the Gover nor and the Governor is hereby requested on behalf of the State of Georgia to issue the proper proclamation each year and to arrange for appropriate observance of the above day and week each year.
SR 55. By Senator Downing of the 1st:
A RESOLUTION
Designating the month of February as American History Month; and for other purposes.
WHEREAS, the month of February contains the birthdate of two of our most outstanding and distinguished former presidents; and
WHEREAS, many eventful and historical events occurred during the month of February; and
WHEREAS, these dates and events tend to focus attention upon our rich heritage of American history; and
WHEREAS, the Daughters of the American Revolution have under way a drive to designate the month of February as American History Month; and
WHEREAS, many of our sister states have taken appropriate ac tion to designate the month of February as American History Month.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the month of February shall be desig nated as American History Month.
BE IT FURTHER RESOLVED, that the Governor is authorized and directed to issue his proclamation so designating said month, call-
WEDNESDAY, MARCH 6, 1963
1167
ing upon all the citizens of the State of Georgia to direct and focus their attention upon our rich heritage of American history.
SR 68. By Senator Hunt of the 26th:
A RESOLUTION
Opposing the proposed cutback and urging the expansion of Junior ROTC; and for other purposes.
WHEREAS, the Defense Department has recommended a proposal to eliminate the Reserve Officer Training Program in our high schools and to "streamline" the college ROTC program; and
WHEREAS, military service is still compulsory in the United States; and
WHEREAS, money now being spent on compulsory training could be diverted into an expanded Junior ROTC program to sustain sum mer training; and
WHEREAS, the money would be reasonable pay to the young men involved which could eliminate financial hardships; and
WHEREAS, summer military training would reduce the summer influx on the labor market and reduce juvenile delinquency; and
WHEREAS, in many cases the present system is harmful to many of our young men because they postpone making decisions on their future education, training or professions because of their service obli gation; and
WHEREAS, under a new and expanded program the military could select volunteer military personnel who excel in ROTC; and
WHEREAS, through a system of promotions and further induce ments the military would produce high type personnel who were trained during the years when they learned best and excelled most; and
WHEREAS, the rigors of an intensive and thorough military training program would give our young men an outlet for their energies which would be used to a productive and healthful advantage; and
WHEREAS, under this program training would be continuous un til completed rather than interrupted as at present (or no training at all) until the youth enlists or is drafted under the current compulsory military training program; and
WHEREAS, the best soldiers are generally between the ages of 18 and 25 when given the proper training and leadership; and
1168
JOURNAL OF THE HOUSE.
WHEREAS, if we discontinue high school ROTC this will mean raising our average training age several years which will be a decided deterioration of our military potential.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that we go on record as opposing any cut back in the present Junior ROTC program and further go on record as recommending a proper and adequate expansion of Junior ROTC.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a suitable copy of this Resolution to each member of the Georgia delegation of the United States Senate and United States House of Representatives.
SR 69. By Senators Pannell of the 54th and Conway of the 41st:
A RESOLUTION
Extending an invitation to Senator Richard B. Russell to address a joint session of the House and Senate; and for other purposes.
WHEREAS, Honorable Richard B. Russell, Senior United States Senator from the State of Georgia, has served continuously in the United States Senate since January 12, 1933; and
WHEREAS, he has rendered outstanding service to his State and his Nation, particularly in his role as Chairman of the Senate Armed Services Committee; and
WHEREAS, he has compiled an illustrious record as a faithful and devoted public servant; and
WHEREAS, he is known throughout the world for his achieve ments since he has been a member of the United States Senate; and
WHEREAS, the General Assembly would be honored to hear an address by its Senior Senator.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Senator Richard B. Russell is hereby extended a most cordial invitation to address a joint session of the House and Senate at 11:30 o'clock A. M. on March 12, 1963. A joint session of the House and Senate is hereby called for the aforesaid purpose, which joint session shall be held at 11:15 o'clock A. M. on March 12, 1963, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Speaker of the House and the Lieutenant Governor are hereby authorized to make whatever ar rangements are necessary to carry out the purposes of this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to Senator Richard B. Russell.
WEDNESDAY, MARCH 6, 1963
1169
SR 70. By Senators Pannell of the 54th and Lee of the 47th:
A RESOLUTION
Extending an invitation to Senator Herman E. Talmadge to address a joint session of the House and Senate; and for other purposes.
WHEREAS, Honorable Herman E. Talmadge, Junior United States Senator from the State of Georgia has for many years distinguished himself as a faithful and devoted public servant; and
WHEREAS, this able public servant is one of the foremost leaders in an effort to preserve our Constitutional form of Government which is the last bulwark of freedom; and
WHEREAS, he is an ardent advocate of sovereignty of States and a champion of States' rights; and
WHEREAS, by his unyielding efforts to protect the rights of the people, he has earned the admiration, gratitude and respect of the citi zens of the State of Georgia; and
WHEREAS, the General Assembly would be honored to hear an address by its Junior Senator.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Senator Herman E. Talmadge is here by extended a most cordial invitation to address a joint session of the House and Senate at 11:30 o'clock A. M. on March 13, 1963. A joint ses sion of the House and Senate is hereby called for the aforesaid pur pose, which joint session shall be held at 11:15 o'clock A. M. on March 13, 1963, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Speaker of the House and the Lieutenant Governor are hereby authorized to make whatever ar rangements are necessary to carry out the purposes of this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to Senator Herman E. Talmadge.
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 52. By Messrs. Pickard of Muscogee, Fowler of Douglas, and others: A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change in the per diem expense allowance for members of said board; and for other purposes.
1170
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 Alien Ballard Barber Baughman Bell Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Toombs Branch Brown Busbee Bynuni Byrd Caldwell Chance Clarke of Monroe Coker of Cherokee Conner Davis Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Flynt Fowler of Douglas Fulford Funk Gibbons Greene Groover Hale
Hall Harrell Harrington Herndon Hurst Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton King Knight of Laurens Laite Lambert Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt McClelland Melton Moate Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Paris Parker Partridge Perry of Marion Perry of Evans Phillips
Those voting in the negative were Messrs.:
Anderson Bowen of Randolph Bowen of Dawson Clark of Catoosa Deen of Bacon Fowler of Treutlen
Griffin Horton House Johnson of Elbert Johnson of Warren Keadle
Pickard Ponsell Pope Rainey Raulerson Reaves Rhodes Richardson Rodgers Rowland Russell Sangster Sewell Shuman Sinclair Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Tabb Teague Towson Tucker of Burke Twitty Vaughn Waldrop Ware Warren Watts Wells of Oconee White Wilson of Brantley Woodward
Kelly Leonard Meeks Milford Mixon Moore
Odom Peterson Roberts Roper
WEDNESDAY, MARCH 6, 1963
1171
Smith of Forsyth Stalnaker Underwood of
Montgomery
Wells of Peach Williams of Coffee
Those not voting were Messrs.:
Acree Andrews Arnsdorff Bagby Bedgood Blair Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Carr Causby Chandler Coker Conger Crummey Cullens Dean of Polk DeVane Dorminy Etheridge Fleming Flournoy Floyd Harris
Henderson Hill Houston Hull Isenberg Jones of Liberty Jordan of Calhoun Killian Kirkland Knight of Berrien Lane Lee of Clinch Logan Matthews of Clarke McCracken McDonald McGarity McKemie Milhollin Mitchell Morgan of Gwinnett Mullis Nessmith Overby Pafford
Payton Poole Poss Rutland Scarborough Shaw Shea Simmons Simpson Singer Smith of Emanuel Story Stuckey Todd Tucker of Catoosa Underwood of Taylor Walker Watson Wells of Camden Wilkes Wiliams of Hall Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 105, nays 27.
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 taken up for consideration and read the third time:
HB 139. By Mr. Story of Gwinnett:
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 clarify the provisions qualifying for credit for prior service; and for other purposes.
1172
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 Alien Anderson Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toomb Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Pannin Echols Flournoy
Floyd
Flynt
Fowler of Douglas
Fowler of Treutlen
Fulford
Funk
Gibbons
Greene Griffin Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Hurst Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Keyton King Knight of Laurens Lambert Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt Meeks Melton Milford Milhollin Mixon
Moore Morgan of Gwinnett
Morgan of Newton
Murphy
Nessmith Newton of Jenkins
Newton of Colquitt
Odom Overby Parker Paris Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Pope Poss Rainey Raulerson Reaves Rhodes Roberts Rodgers Rowland Russell Sangster Sewell Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb
Todd
Towson
Tucker of Catoosa Tucker of Burke
Twitty
Underwood of Montgomery
Vaughn Waldrop Ware Warren
WEDNESDAY, MARCH 6, 1963
1173
Watts Wells of Peach Wells of Oconee Williams of Coffee
Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Andrews Bagby Bowen of Randolph Brackin Brooks of Oglethorpe Brooks of Fulton Causby Coker of Turner Conger Conner Crummey Cullens Davis DeVane Dicus Duncan of Carroll Etheridge Fleming Groover Hale Horton
Hull Isenberg Jones of Lumpkin Jordan of Calhoun Kelly Killian Kirkland Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Leonard Logan McClelland McCracken McDonald McGarity McKemie Mitchell Moate Mullis
Pafford Payton Poole Richardson Roper Rutland Scarborough Shaw Simmons Singer Smith of Emanuel Smith of Whitfield Stuckey Teague Underwood of Taylor Walker Watson Wells of Camden White Wilkes Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 248. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act empowering cities, towns, and counties, to maintain recreation systems; and for other purposes.
Mr. Rainey of Crisp asked unanimous consent that further consideration of HB 248 be postponed until tomorrow, March 7, 1963.
The consent was granted and HB 248 was postponed until Thursday, March 7, 1963.
Under the General Order of Business established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
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JOURNAL OF THE HOUSE,
HB 395. By Messrs. Fowler of Douglas and 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.
The following amendments were read and adopted:
Mr. Jones of Worth moves to amend HB 395 as follows:
By striking the phrase "so as to reduce the deposit of security in cases of injury;", as it appears in the Title of said Bill, and substitut ing in lieu thereof the following phrase: "so as to change the require ments for reporting motor vehicle accidents;".
Mr. Dorminy of Ben Hill moves to amend HB 395 as follows:
By striking the figure (12) twelve in line (1) one of subsection (2) of Section (5) five and inserting in lieu thereof the figure (24) twentyfour.
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.:
Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blaloek of Coweta Blalock of Clayton Bolton
Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown Busbee
Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Dean of Polk Deen of Bacon Dicus Dixon Dorminy
Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy
Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson
Herndon Houston Hull Hurst Johnson of Elbert Johnson of Warren
WEDNESDAY, MARCH 6, 1963
1175
Jones of Worth Jones of Muscogee Jordan of Floyd Keadle King Knight of Laurens Knight of Berrien Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton
Murphy Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Ponsell Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Rowland Sewell Shaw Shea Simmons Simpson Sinclair Smith of Forsyth
Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Vaughn Waldrop Ware Warren Watts Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Bynum Jones of Lumpkin Kelly
Keyton McCracken Russell
Sangster
Those not voting were Messrs.:
Abney Acree Bagby Brackin Branch Brooks of Oglethorpe Brooks of Fulton Causby Coker of Turner Conger Crummey Cullens Davis DeVane Floyd
Hale Hill Horton House Isenberg Jones of Liberty Jordan of Calhoun Killian Kirkland Laite Lee of Clinch Logan Lowrey Mackay McDonald
McGarity Mullis Nessmith Overby Pay ton Phillips Pickard Poole Roper Rutland Scarborough Shuman Singer Smith of Emanuel Snow
1176
JOURNAL OF THE HOUSE,
Underwood of Montgomery
Underwood of Taylor
Walker Watson Wells of Peach
Williams of Hall Wilson of Cobb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 145, nays 7.
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 Bills of the House were taken up for consideration and read the third time:
HB 352. By Mr. Lee of Clinch:
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 the State of Georgia; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to define coin operated amusement devices; to define and outlaw the possession, use and maintenance of certain coin operated devices; to provide for the regulation and licensing of cer tain coin operated amusement devices; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Coin operated amusement devices are defined as follows:
(a) So called pin ball machines or similar devices having a multiple coin feature which varies the odds, or which automatically record the right of free play other than as provided in (b) hereof, which when operated may deliver as the result of the application of an element of chance any money or property or by the operation of which a person may become entitled to receive as the result of the application of an element of chance, any money or property; included within this defi nition are those devices on which is required to be paid an excise tax under Section 4461 (a) (2) of the Internal Revenue Code of 1954.
(b) Coin operated bowling games, shuffle alleys, pin-ball games, baseball games, iron claws, and all similar types of coin operated amuse-
WEDNESDAY, MARCH 6, 1963
1177
ment games, which have no multiple coin feature (except for the pur pose of permitting more than one player), no automatic payoff feature and which do not give a right of replay in excess of 20 or which only give an extra ball or other similar extension of the game, none of which are redeemed for money or property.
SECTION 2
From and after the passage of this Act:
(a) The devices defined in Section (a) are hereby declared gam bling devices or lotteries and the owning, possession, use, maintenance or operation of the same shall be a misdemeanor punishable as provided under the laws of Georgia.
(b) The devices defined in Section 1 (b) here are declared to be amusement devices and the right to replay or extension of the game shall not be considered a thing of value.
SECTION 3
As an aid to enforcement of this Act there is hereby levied an excise tax of $25 per annum for each machine defined in Section 1 (b) to be paid by the owner or operator thereof to the State Revenue Com missioner. The payment of such tax is to be evidenced by affixing a stamp on said machine. The Rvenue Commissioner is authorized to make such rules and regulations as he deems necessary to carry out the pro visions of this Section. This Section does not apply to an item merely because it is coin-operated.
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:
Mr. Underwood of Montgomery moves to amend Committee Sub stitute for HB 352 as follows:
By adding in the title before the words "and for other purposes", the words "to prohibit the location of certain coin operated amuse ment devices in specified areas; to provide for a penalty; to repeal conflicting laws".
By adding at the end of Subsection (b) of Section 2 the following:
"Provided, however, that no such device shall be located or operated within one-half mile of any school ground or college or University Campus in this State. Any person owning or operating any such device in violation of the preceding proviso shall be guilty
1178
JOURNAL OF THE HOUSE,
of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."
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.:
Alien Anderson Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Brackin Branch Brantley Brown Busbee Bynum Caldwell Carr Chance Chandler Clark of Catoosa Coker of Cherokee Conner Davis Been of Bacon Dicus Dixon Duncan of Fannin Echols Fleming Fowler of Douglas Fowler of Treutlen Fulford Funk
Gibbons Groover Hall Harrell Harrington Henderson Hill Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Kelly Kirkland Knight of Laurens Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Matthews of Colquitt McClelland McCracken McKemie Milford Milhollin Mitchell Mixon
Morgan of Newton Murphy Nessmith Newton of Colquitt Odom Paris Partridge Perry of Marion Perry of Evans Ponsell Pope Poss Raulerson Richardson Sangster Sewell Shea Shuman Simmons Simpson Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Stalnaker Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Vaughn Waldrop Walker Ware
WEDNESDAY, MARCH 6, 1963
1179
Wells of Peach Wells of Oconee Wilkes
Williams of Coffee Williams of Hall Wilson of Brantley
Woodward
Those voting in the negative were Messrs.:
Clarke of Monroe Flournoy Keyton
Meeks Morgan of Gwinnett Rhodes
Rodgers Russell
Those not voting were Messrs.:
Abney Acree Andrews Arnsdorff Bagby Black Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Byrd Causby Coker of Turner Conger Crummey Cullens Dean of Polk DeVane Dorminy Duncan of Carroll Etheridge Floyd Flynt Greene Griffin Hale Harris Herndon
Horton House Hurst Jones of Liberty Jordan of Floyd Keadle Killian King Knight of Berrien Laite Logan Lowrey Mackay Matthews of Clarke McDonald McGarity Melton Moate Moore Mullis Newton of Jenkins
Overby Pafford Parker Payton Peterson Phillips Pickard
Poole Rainey Reaves Roberts Roper Rowland Rutland Scarborough Shaw Sinclair Singer Smith of Emanuel Snow Steis
Story Stuckey Teague Tucker of Catoosa Underwood of Taylor Warren
Watson Watts Wells of Camden White Wilson of Cobb Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 114, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Rhodes of Baker stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
1180
JOURNAL OF THE HOUSE,
HB 39. By Messrs. Paris of Barrow and Echols of Upson:
A Bill to be entitled an Act to amend Code Chapter 27-7, relating to the criminal procedures of indictments, presentment, and accusations, so as to provide that in the discretion of the Solicitor-General, a misde meanor case may be tried in the Superior Court upon an accusation filed by the Solicitor-General; and for other purposes.
Mr. Horton of Putnam moved that HB 39 be indefinitely postponed and the motion prevailed.
Further consideration on HB 39 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:
HB 205. By Mr. Shea of Chatham:
A Bill to provide that counties, municipalities, county boards of educa tion, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to provide that counties, municipalities, coun ty boards of education, and other political subdivisions of the State which are authorized to levy taxes shall have the power and authority, within the limitations prescribed in Article VII, Section VII, Paragraph IV of the Constitution, to issue notes, certificates, or other evidence of indebtedness in anticipation of the collection of taxes levied or to be levied during the calendar year, and such taxes anticipated to be col lected may be pledged and encumbered, and a lien created thereon as security for the payment of such notes, certificates, or evidence of in debtedness, and such issuing subdivisions shall create a sinking fund for the redemption of such indebtedness at maturity; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1
Counties, municipalities, county boards of education, and other political subdivisions of the State which are authorized to levy taxes shall have the power and authority, within the limitations prescribed
WEDNESDAY, MARCH 6, 1963
1181
by Article VII, Section VII, Paragraph IV of the Constitution, to issue notes, certificates, or other evidence of indebtedness in anticipation of the collection of taxes levied or to be levied during the calendar year, and such taxes anticipated to be collected may be pledged and encum bered, and a lien created thereon, as security for the payment of such notes, certificates, or evidence of indebtedness, and such issuing sub divisions shall create a sinking fund for the redemption of such in debtedness at maturity.
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. Shea of Chatham moves to amend Committee Substitute to HB 205 as follows:
By striking from the title the comma and words: ", and such is suing subdivisions shall create a sinking fund for the redemption of such indebtedness at maturity".
By striking from Section 1 the comma and words: ", and such is suing subdivisions shall create a sinking fund for the redemption of such indebtedness at maturity".
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.:
Anderson Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair
Blalock of Clayton Bowen of Dawson Brantley Brown Bynum Byrd Caldwell Carr Chance
Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Davis Deen of Bacon Dixon Duncan of Carroll
1182
JOURNAL OF THE HOUSE,
Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fulford Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton Houston Hull Isenberg Johnson of Elbert Jones of Liberty Jones of Muscogee Keadle Kelly Keyton Killian Knight of Laurens
Knight of Berrien Lane Lee of Clinch Lee of Clayton Lewis Lindsey Lokey Matthews of Clarke McClelland McCracken McGarity Melton Milford Mitchell Moate Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Overby Pafford Paris Parker Partridge Perry of Evans Peterson Phillips Ponsell Raulerson Reaves
Rhodes Richardson Rodgers Rowland Russell Sewell Shea Simmons Smith of Forsyth . Smith of Telfair Smith of Habersham Smith of Whitfield Steis Tabb Todd Towson Twitty Underwood of
Montgomery Vaughn Waldrop Ware Warren Wells of Peach Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Bowen of Randolph Branch Busbee Cullens Dorminy Fowler of Treutlen Hurst Johnson of Warren
Jordan of Floyd Lee of Dougherty Lowrey Matthews of Colquitt Meeks Milhollin Mixon Odom
Pope Poss Rainey Sangster Scarborough Tucker of Burke White Wilson of Cobb
Those not voting were Messrs.:
Abney Acree Alien Andrews Bedgood Blalock of Coweta Bolton Bowen of Toombs
Brackin Brooks of Oglethorpe Brooks of Fulton Causby Coker of Turner Conger Crummey Dean of Polk
DeVane Dicus Duncan of Fannin Flynt Hale House Jones of Worth Jones of Lumpkin
WEDNESDAY, MARCH 6, 1963
1183
Jordan of Calhoun King Kirkland Laite Lambert Leonard Logan Mackay McDonald McKemie Moore Morgan of Gwinnett Mullis Payton
Perry of Marion Pickard Poole Roberts Roper Rutland Shaw Shuman Simpson Sinclair Singer Smith of Emanuel Snow Spikes
Stalnaker Story Stuckey Teague Tucker of Catoosa Underwood of Taylor Walker Watson Watts Wells of Camden Williams of Hall Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 365. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure; and for other purposes.
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.:
Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Blair Blalock of Coweta Blalock of Clayton
Bowen of Dawson Bowen of Toomb Brantley Busbee Bynum Byrd Caldwell Carr Chance Chandler Clarke of Monroe
Coker of Cherokee Conner Cullens Davis Deen of Bacon Dorminy Duncan of Fannin Echols Etheridge Flournoy Flynt
1184
JOURNAL OF THE HOUSE,
Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Groover Hall Harrington Harris Henderson Horton Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton King Kirkland Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lee of Dougherty Leonard Lewis
Lindsey Lokey Lowrey Matthews of Clarke McCracken Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Colquitt Odom Pafford Paris Partridge Perry of Marion Perry of Evans Peterson Ponsell Pope Poss Rainey Raulerson Reaves Rhodes Richardson
Roper Rowland Russell Sangster Scarborough Sewell Shaw Shea Shumans Simmons Smith of Telfair Smith of Whitfield Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Vaughn Warren Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Black Brown
Fulford
Houston
Those not voting were Messrs.:
Abney Acree Alien Bedgood Bolton Bowen of Randolph Brackin Branch Brooks of Oglethorpe Brooks of Fulton Causby Clark of Catoosa Coker of Turner Conger
Crummey Dean of Polk DeVane Dicus Dixon Duncan of Carroll Fleming Floyd Griffin Hale Harrell Herndon Hill House
Hull Johnson of Warren Jones of Worth Jordan of Calhoun Killian Laite Lee of Clayton Logan Mackay Matthews of Colquitt McClelland McDonald McGarity McKemie
WEDNESDAY, MARCH 6, 1963
1185
Melton Mullis Nessmith
Newton of Jenkins Overby Parker Payton Phillips Pickard Poole Roberts Rodgers
Rutland Simpson Sinclair
Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Snow Spikes Stalnaker Steis Stuckey
Underwood of Montgomery
Underwood of Taylor
Waldrop Walker Ware Watson Watts Wells of Camden Williams of Hall Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 124, nays 4.
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 taken up for consideration and read the third time:
HB 313. By Mr. Dixon of Ware: A Bill to be entitled an Act to provide for the granting of funds to a county in which is located land belonging to the State consisting of at least twenty thousand acres from which such county receives no taxes; and for other purposes.
The following amendment was read and adopted:
Mr. Wilkes of Cook moves to amend HB 313 as follows:
By striking the word "shall" in line 5 of Section 1 and inserting the word "may" and inserting after the word same "but not more than".
Messrs. Duncan of Carroll, Milhollin of Coffee, Wilkes of Cook, and Tucker of Catoosa offered amendments which were 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:
1186
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Black Blalock of Coweta Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Bynum Chance Chandler Coker of Cherokee Dean of Polk Deen of Bacon Dicus Dixon Dorminy Duncan of Fannin Flournoy Flynt Fowler of Douglas Fulford Funk Gibbons Hall Harrell Harrington Harris Henderson Herndon Horton
Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Keadle Keyton Killian Kirkland Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Leonard Lewis Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McCracken McGarity McKemie Milhollin Mixon Moate Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge
Perry of Evans Peterson Phillips Ponsell Poss Rainey Raulerson Reaves Roper Rowland Russell Sewell Shaw Shuman Simmons Smith of Telfair Smith of Whitfield Snow Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Burke Twitty Warren Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.
Alien Bell Blair Branch Busbee Clark of Catoosa Clarke of Monroe Duncan of Carroll Etheridge Floyd
Fowler of Treutlen Greene Groover Hill House Jordan of Floyd King Lee of Dougherty McClelland Meeks
Milford Mitchell Moore Odom Pope Rhodes Richardson Sangster Scarborough Shea
WEDNESDAY, MARCH 6, 1963
1187
Smith of Porsyth Tucker of Catoosa
Vaughn Watson
Watts
Those not voting were Messrs.:
Acree Bedgood Blalock of Clayton Bolton Brooks of Oglethorpe Brooks of Fulton Byrd Caldwell Carr Causby Coker of Turner Conger Conner Crummey Cullens Davis DeVane Echols Fleming
Griffin Hale Hull Hurst Jones of Worth Jordan of Calhoun Kelly Laite Lee of Clayton Logan Lokey Mackay McDonald Melton Mullis Overby Payton Perry of Marion Pickard
Poole Roberts Rodgers Rutland Simpson Sinclair Singer Smith of Emanuel Smith of Habersham Spikes Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Wells of Camden Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 114, nays 35.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Blair of Sumter stated that he inadvertently voted "Nay" and would like to be recorded as voting "Aye".
HB 348. By Messrs. Twitty of Mitchell, and Underwood of Montgomery and others:
A Bill to be entitled an Act to provide for a Sheriff's Retirement Fund of Georgia: to create a Board of Commissioners to administer such retirement fund; and for other purposes.
Mr. Twitty of Mitchell asked unanimous consent that further consideration of HB 348 be postponed until tomorrow March 7, 1963 and the consent was granted.
HB 348 was postponed until Thursday, March 7, 1963.
1188
JOURNAL OF THE HOUSE,
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 385. By Messrs. Tucker and Clark of Catoosa, Floyd of Chattooga, Hale of Dade and others:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, so as to provide for clerical assistance for the SolicitorGeneral of the Lookout Mountain Judicial Circuit; and for other purposes.
The following Senate amendment was read:
Senator Loggins of 53rd District hereby amends HB 385 by insert ing in the caption of said Bill between the words Lookout and Judicial the word "Mountain" and by inserting in Section 1 of said Bill between the words Lookout and Judicial the word "Mountain".
Mr. Hale of Dade moved that the House agree to the Senate amendment. On the motion to agree the ayes were 111, nays 0.
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 29-47. By Messrs. Walker and Gibbons of Lowndes:
A Resolution compensating Mrs. Christine P. King; 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 Anderson Andrews Bagby Ballard Barber
Baughman Bedgood Black Blair Blalock of Coweta Bowen of Randolph
Busbee Bynum Carr Chance Clark of Catoosa Coker of Cherokee
WEDNESDAY, MARCH 6, 1963
1189
Coker of Turner Conner Davis Dean of Polk Deen of Bacon Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Fleming Floyd Fulford Greene Groover Harrell Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton
Killian Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lee of Dougherty Lowrey Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Paris Parker Partridge Perry of Evans Pickard Ponsell Poole Pope
Poss Raulerson Reaves Rhodes Roberts Russell Sangster Shaw Simpson Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Towson Tucker of Burke Underwood of
Montgomery Ware Watson Watts Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Acree Alien Arnsdorff Bell Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Byrd Caldwell Causby Chandler Clarke of Monroe Conger
Crummey Cullens DeVane Dorminy Etheridge Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Hale Hall Harrington Hill Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin
Jordan of Calhoun King Laite Lambert Lane Leonard Lewis Lindsey Logan Lokey Mackay McCracken McDonald McGarity Melton Moate Mullis Nessmith Newton of Colquitt Overby
1190
Pafford Payton Perry of Marion Peterson Phillips Rainey Richardson Rodgers Roper Rowland Rutland Scarborough
JOURNAL OF THE HOUSE,
Sewell Shea Shuman Simmons Sinclair Smith of Emanuel Stuckey Teague Tucker of Catoosa Twitty Underwood of Taylor Vaughn
Waldrop Walker Warren Wells of Peach Wells of Oconee Wells of Camden White Wilkes Wilson of Cobb Woodward 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 426. By Messrs. Steis of Harris and Andrews of Stephens: A Bill to be entitled an Act to amend the Georgia Civil Defense Act of 1951 so as to provide for a civil defense organization in each 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Bowen of Randolph Brackin Busbee
Bynum Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Dicus Dixon Duncan of Fannin Duncan of Carroll
Echols Fleming Flournoy Floyd Fowler of Douglas Greene Harrell Henderson Herndon Horton House Houston Hull Hurst Isenberg
WEDNESDAY, MARCH 6, 1963
1191
Johnson of Warren Jones of Muscogee Keadle Kelly Keyton Killian King Kirkland Lee of Clayton Lee of Dougherty Lewis Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett
Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Paris Partridge Perry of Evans Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Roberts Russell Sangster Sewell Shaw Simmons Simpson Singer Smith of Forsyth
Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Ware Watson Watts Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Acree Alien Arnsdorff Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Byrd Caldwell Causby Chandler Conger Crummey Deen of Bacon DeVane Dorminy Etheridge Flynt Fowler of Treutlen Fulford Funk
Gibbons Griffin Groover Hale Hall Harrington Harris Hill Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Leonard Lindsey Logan Lokey Lowrey Mackay
Melton Moate Mullis Newton of Colquitt Overby Pafford Parker Payton Perry of Marion Phillips Pickard Rainey Richardson Rodgers Roper Rowland Rutland Scarborough Shea Shuman Sinclair Smith of Emanuel Teague Twitty Underwood of Taylor Vaughn
1192
Waldrop Walker Warren Wells of Peach
JOURNAL OP THE HOUSE,
Wells of Camden White Wilkes Wilson of Cobb
Woodward Mr. Speaker
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HE 150-426. By Messrs. Steis of Harris and Andrews of Stephens:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to take appropriate legislative action to insure con tinuity of State and local government operations in periods of emergency resulting from disasters caused by enemy attack; 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 VII of the Constitution is amended by adding thereto a new Paragraph which shall be known as Paragraph XXVI, which shall read as follows:
"Paragraph XXVI. The General Assembly, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty:
"(1) To provide for prompt and temporary succession to the powers and duties of persons holding office in the Executive, Judi cial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices during such emergency; and
"(2) To adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rules.
"Any legislation heretofore adopted by the General Assembly which would have been invalid except for the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia."
WEDNESDAY, MARCH 6, 1963
1193
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 enact legislation to insure con tinuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to enact legislation to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemey attack."
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 Alien Anderson Andrews Bagby Ballard
Barber Baughman Bedgood Bell Black Blair
Blalock of Coweta Blalock of Clayton Bowen of Randolph Brackin Branch Busbee
1194
JOURNAL OF THE HOUSE,
Bynum Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Monroe Conner Cullens Da vis Dean of Polk Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Floyd Fowler of Douglas Fulford Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty
Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald Meeks Milford Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Odom Pafford Paris Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Pope
Poss Reaves Rhodes Roberts Roper Rowland Russell Sangster Scarborough Sewell Shaw Simmons Simpson Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Vaughn Ware Warren Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Acree Arnsdorff Bolton Bowen of Dawson Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Brown
Byrd Caldwell Causby Conger Crummey Deen of Bacon DeVane Dorminy Etheridge
Flynt Fowler of Treutlen Funk Hill Jones of Worth Jordan of Calhoun Lambert Lee of Clinch Leonard
WEDNESDAY, MARCH 6, 1963
1195
Lindsey Logan Lokey McGarity McKemie Melton Milhollin Moate Mullis Murphy
Newton of Colquitt Overby
Parker Payton Phillips Pickard Eainey Raulerson Richardson Rodgers Rutland Shea
Shuman Sinclair
Smith of Telfair Smith of Emanuel Teague Underwood of Taylor Waldrop Walker Wells of Camden White Wilkes Wilson of Cobb
Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 142, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HB 209. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend the Georgia Insurance Code of 1960 so as to remove the provision providing that no policy of group life insurance may be issued to or for a labor union; and for other purposes.
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 Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton
Bolton Bowen of Randolph Bowen of Toombs Branch Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee
Conner Cullens Davis Dean of Polk Dorminy Duncan of Pannin Duncan of Carroll Echols Etheridge Floyd Flynt Fowler of Douglas Gibbons
1196
JOURNAL OF THE HOUSE,
Greene Griffin Hall Harrell Harrington Henderson Herndon Horton House Houston Hurst Isenberg Johnson of Warren Jones of Lumpkin Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Lambert Lane Lee of Colquitt Lee of Dougherty Matthews of Clarke Matthews of Colquitt McClelland McCracken
McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Roberts
Russell Sangster Scarborough Shaw Simmons Simpson Smith of Porsyth Smith of Habersham Snow Spikes Steis Story Tabb Todd Tucker of Burke Twitty Underwood of
Montgomery Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Acree Ballard Black Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Caldwell Causby Coker of Turner Conger Crummey Been of Bacon DeVane Dicus Dixon Fleming Flournoy Fowler of Treutlen
Fulford Funk Groover Hale Harris Hill Hull Johnson of Elbert Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Knight of Laurens Laite Lee of Clinch Leonard Lewis Lindsey Logan Lokey Lowrey
Mackay McDonald
McGarity Moate Morgan of Newton Mullis Overby Parker Payton Pickard Raulerson Richardson Rodgers Roper Rowland Rutland Sewell Shea
Shuman Sinclair
Singer Smith of Telfair
WEDNESDAY, MARCH 6, 1963
1197
Smith of Emanuel Smith of Whitfield Stalnaker Stuckey Teague
Towson Tucker of Catoosa Underwood of Taylor Vaughn Waldrop
Wells of Camden White Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 125, 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's insistence; on its position in substituting the same:
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
Mr. Bell of Richmond moved that the House insist on its position in dis agreeing to the Senate substitute and that a Committee on Conference be ap pointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed and the Speaker Pro-Tern, appointed as a Committee on Conference on HB 40 on the part of the House, the following members: Messrs. Bell of Richmond, Twitty of Mitchell, and Kelly of Jasper.
Under the General Order of Business established by the Committee on Rules, the following Resolution and Bill of the House were taken up again for con sideration and read:
HR 109-267. By Mr. Ballard of Newton: A Resolution authorizing the transfer of certain real property in Fulton County; and for other purposes.
The following amendment was read and adopted:
Mr. Ballard of Newton moves to amend HR 109-267, as follows:
By striking from the last paragraph on the fifth line from the bottom the word "last" and substituting in lieu thereof the word "first",
1198
JOURNAL OF THE HOUSE,
so that, as amended, the last paragraph of said Resolution will read as follows:
"NOW, THEREFORE, BE IT RESOLVED BY THE GEN ERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby author ized and directed to convey, by deed or other written instrument of conveyance, to the Georgia Railroad and Banking Company, all of the right, title and interest which the State of Georgia and the State Highway Department of Georgia has or may have in and to said real property first above described, subject to and upon the execution by Georgia Railroad and Banking Company and said lessees, of a deed conveying to the State Highway Department of Georgia a full and unencumbered fee simple title to said real prop erty last above described, and delivery of same to the State Highway Department of Georgia."
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 Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock Bowen of Randolph Bowen of Toombs Branch Busbee Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner
Cullens Da vis Dean of Polk Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Gibbons Hall Harrell Harrington Harris Henderson Horton House Hurst Isenberg Johnson of Warren Jones of Lumpkin
Jones of Muscogee Keadle Kelly Keyton Killian Kirkland Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke McClelland McCracken Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy
WEDNESDAY, MARCH 6, 1963
1199
Nessmith Newton of Jenkins Odom Pafford Paris Partridge Perry of Evans Ponsell Poole Pope Poss Rainey Reaves Rhodes Roberts
Roper Russell Sangster Scarborough Sewell Shaw Simmons Simpson Smith of Forsyth Smith of Whitfield Snow Spikes Stalnaker Steis Story
Stuckey Tabb Todd Tucker of Burke
Twitty Walker Ware Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson
Those not voting were Messrs.:
Acree Alien Bagby Bolton Bowen of Dawson Brackin Brantley Brooks of Oglethorpe Brooks of Pulton Brown Bynum Byrd Caldwell Causby Conger Crummey Deen of Bacon DeVane Dicus Dorminy Flynt Fulford Funk Greene Griffin Groover Hale Herndon Hill
Houston Hull Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Floyd Jordan of Calhoun
King Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Leonard Logan Lokey Matthews of Colquitt McDonald McGarity McKemie Moate Mullis Newton of Colquitt Overby Parker Payton Perry of Marion Peterson
Phillips Pickard Raulerson Richardson Rodgers Rowland Rutland Shea Shuman Sinclair Singer Smith of Telfair Smith of Emanuel Smith of Habersham Teague Towson Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Warren Wells of Camden White Wilson of Cobb Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
1200
JOURNAL OP THE HOUSE,
HB 210. By Mr. Wilkes of Cooke:
A Bill to be entitled an Act to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains provision providing for the exclusive use of Georgia forest products; and for other purposes.
The following substitute, offered by the Committee on Natural Resources, was read:
A BILL TO BE ENTITLED
An Act to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a provision providing for the exclusive use of Georgia forest products; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. No contract for the construction of, addition to, or repair of any facility, the cost of which is borne by the State, or any department, agency, commission, authority, or political subdivision thereof shall be let, unless said contract contains a stipulation therein providing that the contractor or any subcontractor shall use exclusively Georgia forest products in the construction thereof, when such products are available.
Section 2. The provisions of this Act shall not apply when in conflict with Federal rules and regulations concerning construction.
Section 3. 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. Wilkes of Cook, moves to amend Committee substitute for HB 210 as follows:
By striking from Section 1 the words "when such products are available", and inserting in lieu thereof the words "when forest products are to be used in such construction, addition, or repair and if Georgia forest products are available."
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.
WEDNESDAY, MARCH 6, 1963
1201
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 Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Busbee Bynum Byrd Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon Dorminy Duncan of Fannin Echols Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Griffin
Hall Harrell Harrington Henderson Herndon Hill Horton Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Lambert Lane Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Clarke McCracken McKemie Meeks Melton Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt
Voting in the negative was Mr. House.
Odom Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Roberts Russell Sangster Scarborough Sewell Shaw Simmons Simpson Smith of Forsyth Smith of Telfair Smith of Habersham Steis Story Tabb Todd Twitty Underwood of
Montgomery Walker Warren Watts Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Acree Brackin
Brantley Brooks of Oglethorpe
Brooks of Fulton Brown
1202
JOURNAL OF THE HOUSE,
Caldwell Causby Chandler Clark of Catoosa Conger Conner Crummey DeVane Dicus Dixon Duncan of Carroll Etheridge Fleming Fulford Funk Groover Hale Harris Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun Knight of Laurens Laite
Lee of Clinch Lee of Clayton Leonard Logan Mackay Matthews of Colquitt McClelland McDonald McGarity Milford Moate Moore Mullis Overby Payton Pickard Raulerson Richardson Rodgers Roper Rowland Rutland Shea Shuman
Sinclair Singer Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Stuckey Teague Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Waldrop Ware Watson Wells of Peach Wells of Camden Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 128, nays 1.
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 Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 323. By Mr. Andrews of Stephens: A Bill to be entitled an Act to amend an Act relating to the Public Assistance Programs administered by the State Department of Public Welfare to provide for relieving the various counties of financial par ticipation in the medical care programs administered by the State Department of Public Welfare under the Public Assistance programs; and for other purposes.
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, MARCH 6, 1963
1203
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Blair Blalock of Coweta Blalock of Clayton
Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brown Busbee Bynum Byrd Caldwell Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Fannin Fleming Flynt Fowler of Treutlen Gibbons Greene Griffin Groover
Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Johnson of Elbert Jones of Muscogee Keadle Kelly Keyton King Kirkland Knight of Laurens Knight of Berrien Laite Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lokey Mackay McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy
Nessmith Newton of Jenkins Newton of Colquitt Parker Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Reaves Rhodes Russell Sangster Scarborough Sewell Shaw Smith of Forsyth Smith of Telfair Smith of Habersham Stalnaker Steis Story Tabb Todd Towson Tucker of Burke Twitty Walker Warren Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Acree Alien Bagby Bell Black Brackin Brantley Brooks of Oglethorpe Brooks of Fulton
Causby Chandler Clark of Catoosa Conger Crummey DeVane Dicus Duncan of Carroll Echols
Etheridge Flournoy Floyd Fowler of Douglas Fulford Funk Hale Hill Isenberg
1204
JOURNAL OF THE HOUSE,
Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Killian Lambert Lane Leonard Lindsey Logan Lowrey Matthews of Clarke Matthews of Colquitt McDonald McGarity Mullis Odom
Overby Pafford Paris Partridge Payton Pickard Rainey Raulerson Richardson Roberts Rodgers Roper Rowland Rutland Shea Shuman Simmons Simpson Sinclair
Singer Smith of Emanuel Smith of Whitfield Snow Spikes Stuckey Teague Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Watts Wells of Camden Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 324. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Aid to the Disabled Act" so as to relieve the various counties of financial partici pation in the medical care benefits paid pursuant to 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 Alien Anderson Andrews Arnsdorff Bagby Ballard
Barber Baughman Bell Blair Blalock of Coweta Blalock of Clayton Bolton
Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brown Busbee Bynum
WEDNESDAY, MARCH 6, 1963
1205
Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon Dicus Dixon Dorminy Duncan of Fannin Etheridge Fleming Flournoy Flynt Fowler of Treutlen Fulford Gibbons Greene Griffin Hall Harrell Harrington Harris Henderson Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert
Johnson of Warren Jones of Muscogee Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lokey Mackay Matthews of Clarke McClelland McCracken McDonald McKeniie Meeks Melton Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge
Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Reaves Rhodes Richardson Roberts Rowland Russell Sangster Scarborough Sewell Shaw Shea Simpson Smith of Forsyth Smith of Telfair Smith of Habersham Snow Stalnaker Steis Story Tabb Todd Towson Tucker of Burke Twitty Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall
Those not voting were Messrs.:
Acree Bedgood Black Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Causby Conger Conner Crummey DeVane
Duncan of Carroll Echols Floyd Fowler of Douglas Funk Groover Hale Herndon Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun
Laite Lambert Lane Leonard Lindsey Logan Lowrey Matthews of Colquitt McGarity Mitchell Mullis Overby Pafford
1206
Payton Perry of Evans Pickard Rainey Raulerson Rodgers Roper Rutland Shuman Simmons Sinclair
JOURNAL OF THE HOUSE,
Singer Smith of Emanuel Smith of Whitfield Spikes Stuckey Teague Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn
Walker Ware Warren Wells of Camden White Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 325. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act relating to the Public Assistance Programs administered by the State Department of Public Welfare so as to provide for the inclusion in the definition of "Assist ance", medical care in behalf of or any type of remedial care recognized under State law in behalf of recipients eligible for assistance under the hereinafter cited 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.:
Abney Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph
Bowen of Dawson Bowen of Toombs Brown Busbee Bynum Byrd Caldwell Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens
Dean of Polk Deen of Bacon Dixon Dorminy Fleming Flournoy Flynt Fowler of Treutlen Fulford Gibbons Greene Hall Harrell
WEDNESDAY, MARCH 6, 1963
1207
Harrington Render son Horton House Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McGarity McKemie
Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Russell
Sewell Shaw Shea Simmons Simpson Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Twitty Walker Ware Watson Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Bagby Bell Black Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Carr Causby Chandler Conger Conner Crummey Davis DeVane Dicus
Duncan of Fannin Duncan of Carroll Echols Etheridge Floyd Fowler of Douglas Funk Griffin Groover Hale Harris Herndon Hill Houston Hull Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Calhoun
Knight of Laurens Laite Lindsey Logan Lowrey McDonald Mullis Overby Partridge Payton Perry of Marion Pickard Raulerson Roper Rowland Rutland Sangster Scarborough Shuman
1208
JOURNAL OP THE HOUSE,
Sinclair Smith of Emanuel Stuckey Towson Tucker of Catoosa Tucker of Burke
Underwood of Montgomery
Underwood of Taylor Vaughn Waldrop Warren
Wells of Camden Wilson of Brantley 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.
HB 326. By Mr. Andrews of Stephens:
A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child" and so as to change the definition of the term "Assistance" and to define the term "Foster Family Home; and for other purposes.
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 Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Branch Brown Busbee
Bynum Byrd Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon Dicus Dixon Dorminy Fleming Flournoy Floyd Fowler of Treutlen Fulford
Gibbons Greene Griffin Groover Hall Harrell Harrington Henderson Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Keadle
WEDNESDAY, MARCH 6, 1963
1209
Kelly Keyton Killian Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McKemie Meeks Milford Milhollin Mitchell Mixon Moate
Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Russell Sewell Shaw Shea Simmons
Simpson Singer Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Burke Twitty Walker Warren Watson Watts Wells of Oconee White Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Bedgood Black Bowen of Randolph Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Causby Chandler Conger Conner Crummey Davis DeVane Duncan of Pannin Duncan of Carroll Echols Etheridge Plynt Fowler of Douglas Funk Hale
Harris Herndon Hill Jones of Liberty Jones of Worth Jordan of Floyd Jordan of Calhoun King Kirkland Laite Lindsey Logan McDonald McGarity Melton Moore Mullis Murphy Overby Payton Perry of Marion Phillips Pickard Raulerson
Rodgers Roper Rowland Rutland Sangster Scarborough Shuman Sinclair Smith of Forsyth Smith of Emanuel Stuckey Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Vaughn Ware Wells of Peach Wells of Camden Williams of Coffee Woodward Mr. Speaker
1210
JOURNAL OP THE HOUSE,
On the passage of the Bill, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 420. By Messrs. Bolton of Spalding, Rutland of DeKalb, Smith of Grady, and others:
A Bill to be entitled an Act to provide for a Board to inquire into abuses and irregularities in the enforcement of traffic laws and ordinances; and for other purposes.
The following Committee amendment was withdrawn:
The State of Republic Committee moves to amend HB 420 as follows:
By striking from Section 2 the words "the Director of the State Department of Commerce" and inserting in lieu thereof the words "the Director of the Department of Industry and Trade".
The following substitute was read and adopted:
A BILL TO BE ENTITLED
An Act to amend an Act to regulate traffic on the streets and high ways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that the Governor may revoke the power of county or municipal governing authorities to enforce the speed limits on state and federal highways or on any particular highway or highways when it is determined that the enforcement of such speed limits by local authorities are unreasonable or are being enforced pri marily for the collection of revenue rather than for purposes of public safety; to provide for studies, reports and recommendations by the Director of Public Safety where said circumstances may exist; to pro vide for notice to county and municipal authorities where said reports and recommendations determine that the power to enforce the speed limits on state and federal highways or any public highway or highways within their respective jurisdictions should be revoked; to provide for a hearing before a Board after said notice has been furnished; to provide for the enforcement of the speed limits on such highways by the State after such revocation to provide for the reinstating of such revoked powers; to define the term "speed limits" for the purposes of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to regulate traffic on the streets and highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as
WEDNESDAY, MARCH 6, 1963
1211
amended, is hereby amended by adding new paragraphs (b), (c) and (d) to Section 50 as follows:
"(b) Any provisions of this Act to the contrary notwithstand ing, whenever any complaint shall be made to the Governor that any speed limit established by any county or municipal authority is arbitrary or unreasonable, or upon any complaint being made to the Governor that any speed limit established by the State or by any county or municipal governing authority is being enforced primarily for the collection of revenue rather than for purposes of public safety, the Governor may, in his discretion, direct that an investigation and any necessary studies be commenced by the Director of Public Safety, or his delegate, who shall make a report thereon together with his recommendations as to whether the State should suspend the authority of the applicable local county or muni cipal governing authorities to enforce speed limits upon any state and federal highways lying within the jurisdiction of such author ities. Upon receipt of a report accompanied by recommendations that the power to enforce speed limits be restricted, the Governor shall furnish a copy of such report to the local authorities affected thereby, together with notice of hearing on the allegations of the report made by the Director of Public Safety, or his delegate. Such hearing may be held at such time and such place as may be deter mined by the Governor, but shall not be held less than ten days after notice to the local governing authorities. Said hearing shall be conducted before a Board to be composed of the Governor, the Secretary of State and the Attorney General, who shall be reim bursed for the actual and necessary expenses pertaining to their services on said Board but who shall receive no other additional compensation for their services thereon. Upon determination by said Board that the speed limits established by the county or muni cipal governing authorities against whom complaint has been brought are either unreasonable or that speed limits are being primarily enforced for the collection of revenue rather than for purposes of public safety, the Governor shall issue his executive order suspending the power of such local governing authority to enforce speed limits on state or federal highways lying within their respective jurisdiction, or on any particular such highway. In the event that said power is suspended, the Governor shall direct the Director of Public Safety to enforce the speed limits on such highways.
"(c) An intervals of not less than six months, any governing authority affected by the provisions of this Act and by an executive order issued in accordance herewith, may upon a change of circum stances being shown to the Governor, petition the Governor for re consideration, whereupon the Governor, in his discretion, may direct the Director of Public Safety, or his delegate, to inquire into such change or circumstances and report the same to him together with any recommendations for modification of the Governor's previous order, and the Governor, in his discretion, may order a new hearing on the matter before the Board or may, without hearing, modify or revoke his previous executive order.
"(d) Whenever used in this Section 50 or in Section 49, the term 'speed limits' shall be construed to refer to and include stop
1212
JOURNAL OF THE HOUSE,
lights, stop signs, slow signs, yield signs and any and every other light, device or sign which may be used to impede, slow, stop or regulate the speed of motor vehicles on the public highways."
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 substiute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brown Busbee Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Dean of Polk Been of Bacon Dicus Dixon
Duncan of Pannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Gibbons Greene Griffin Hall Harrell Harrington Harris Henderson Horton House Hull Hurst Isenberg Johnson of Blbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King
Kirkland Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker
WEDNESDAY, MARCH 6, 1963
1213
Partridge Perry of Evans Peterson Poole Pope Reaves Rhodes Richardson Roper Rowland Russell Sangster Sewell Shaw Shea Simmons
Simp son Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Tucker of Catoosa Twitty Underwood of
Montgomery
Vaughn Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Bynum Cullens
Houston Poss
Smith of Habersham
Those not voting were Messrs.:
Acree Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Causby Coker of Turner Conger Crummey Davis DeVane Dorminy Punk Groover Hale Herndon Hill
Jones of Liberty Jordan of Calhoun Knight of Laurens Logan McDonald McGarity Moate Moore Mullis Overby Payton Perry of Marion Phillips Pickard Ponsell Rainey Raulerson
Roberts Rodgers Rutland Scarborough Shuman Sinclair Singer Smith of Forsyth Smith of Emanuel Towson Tucker of Burke Underwood of Taylor Waldrop Wells of Camden Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 151, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Perry of Marion stated that he was called from the Hall of the House to confer with constitutents at the time the roll was called but had he been present he would have voted "Aye" on HB 420.
1214
JOURNAL OF THE HOUSE,
HB 265. By Messrs. Bell, Hull and Fleming of Richmond, and McCracken of Jefferson:
A Bill to be entitled an Act to amend Code Section 81-1003 of the Code of Georgia, relating to trial of civil cases at return term; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Brown Busbee Bynum Byrd Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon Etheridge Fleming Flournoy Flynt Fulford Gibbons
Greene Griffin Hale Harrell Harris Henderson Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton Killian Kirkland Knight of Laurens Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McKemie
Meeks Melton Milford Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Pafford Paris Parker Partridge Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rowland Russell Sewell Shaw Shea Simpson Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague
WEDNESDAY, MARCH 6, 1963
1215
Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Vaughn Walker
Ware Warren Watson Watts Wells of Oconee White Williams of Coffee Wilson of Cobb
Those not voting were Messrs.:
Acree Andrews Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Carr Causby Conger Conner Crummey Davis DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Floyd Fowler of Douglas Fowler of Treutlen
Funk Groover Hall Harrington Herndon Hill Hurst Jones of Liberty Jordan of Calhoun Kelly King Knight of Berrien Lane Leonard Lewis Logan McDonald McGarity Milhollin Moate Mullis Newton of Colquitt Overby Payton Perry of Marion
Perry of Evans Phillips Pickard Raulerson Rodgers Roper Rutland Sangster Scarborough Shuman Simmons Sinclair Singer Smith of Emanuel Tucker of Catoosa Underwood of Taylor Wells of Peach Wells of Camden Wilkes Williams of Hall Wilson of Brantley 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.
SB 82. By Senator Harrison of the 48th: A Bill to be entitled an Act to authorize the Commissioner of Agricul ture to establish standards of quality for citrus fruit offered for sale in this State; and for other purposes.
Mr. Wilkes of Cooked moved that further consideration of SB 82 be post poned until March 7, 1963.
1216
JOURNAL OP THE HOUSE,
The motion prevailed and further consideration of SB 82 was postponed until March 7, 1963.
HR 148-422. By Messrs. Pope and Coker of Cherokee:
A Resolution authorizing the conveyance of certain property in Cherokee County; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Busbee Bynum Byrd Caldwell Carr Chance Coker of Cherokee Coker of Turner Been of Bacon Dixon Dorminy Duncan of Pannin Duncan of Carroll Echols
Etheridge Flournoy Floyd Flynt Fulford Gibbons Greene Groover Hale Hall Harris Henderson Hill House Houston Hurst Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Ployd Keyton Killian King Kirkland Knight of Berrien Laite Lane Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey
Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Poss Rainey Raulerson Reaves Richardson Roberts Rowland
WEDNESDAY, MARCH 6, 1963
1217
Russell Sangster Sewell Shaw Shea Simmons Simpson Smith of Forsyth Smith of Telfair Smith of Habersham
Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Tucker of Burke Twitty
Vaughn Walker Ware Warren Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Voting in the negative was Mr. Pope.
Those not voting were Messrs.:
Acree Andrews Brantley Brooks of Oglethorpe Brooks of Fulton Brown Causby Chandler Clark of Catoosa Clarke of Monroe Conger Conner Crummey Cullens Davis Dean of Polk DeVane Dicus Fleming Fowler of Douglas Fowler of Treutlen Funk Griffin Harrell
Harrington Herndon Horton Hull Isenberg Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun Keadle Kelly Knight of Laurens Lambert Lee of Clayton Logan McClelland McGarity Moate Morgan of Gwinnett Mullis Overby Pafford Payton Phillips
Pickard Rhodes Rodgers Roper Rutland Scarborough Shuman Sinclair Singer Smith of Emanuel Stuckey Teague Towson Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Watson Watts Wells of Camden White Wilson of Cobb Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 132, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 45. By Senators Zorn of the 6th, McKinnon of the 7th and others:-.
A Bill to be entitled an Act to amend the Code relating to the authority of clerks of the superior courts so as to authorize clerks of the superior courts to collect recording fees in advance; and for other purposes.
1218
JOURNAL OF THE HOUSE,
The following substitute, offered by the Committee on Judiciary, was read and adopted:
A BILL
To be entitled an Act to amend Code Section 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerks to collect certain recording fees in advance; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Code Section 24-2720, relating to the authority of clerks of the superior courts, is hereby amended by adding at the end of Subsection (5) thereof the words "mortgages and other instruments which are legally entitled to be recorded on the Deed and Mortgage Records of their counties" so that when so amended said subsection shall read as follows:
"(5) To demand and collect in advance their fees for re cording deeds, mortgages and other instruments which are legally entitled to be recorded on the Deed and Mortgage records of their counties."
SECTION 2
The provisions of this Act shall become effective July 1, 1963.
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.:
Abney Alien Anderson Arnsdorff Ballard
Barber Baughman Bedgood Bell Black
Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Bowen of Toombs
WEDNESDAY, MARCH 6, 1963
1219
Brackin Branch Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Coker of Cherokee Coker of Turner Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Etheridge Flournoy Floyd Flynt Fulford Gibbons Greene Groover Hale Harris Henderson Herndon Hill House Houston Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin
Jones of Muscogee Jordan of Floyd Keyton Killian Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McKemie Meeks Milford Mitchell Mixon Moore Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Peterson Ponsell Poole
Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Sewell Shaw Shea Simpson Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Tabb Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Warren Wells of Clinch Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley
Those voting in the negative were Messrs. Story and Williams of Hall.
Those not voting were Messrs.:
Acree Andrews Bagby Blalock of Clayton Bolton Brantley Brooks of Oglethorpe Brooks of Fulton Chandler Clark of Catoosa
Clarke of Monroe Conger Conner Crummey Cullens Davis DeVane Dicus Echols Fleming
Fowler of Douglas Fowler of Treutlen Funk Griffin Hall Harrell Harrington Horton Hull Hurst
1220
JOURNAL OP THE HOUSE,
Johnson of Warren Jones of Liberty Jordan of Calhoun Keadle Kelly King Lambert Lee of Clayton Logan McClelland McDonald McGarity Melton Milhollin Moate Morgan of Gwinnett Morgan of Newton
Mullis Overby Pafford Payton Perry of Marion Perry of Evans Phillips Pickard Eodgers Rutland Sangster Scarborough Shuman Simmons Sinclair Singer Smith of Forsyth
Smith of Emanuel Stuckey Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Ware Watson Watts Wells of Camden White Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 46. By Senators Zorn of the 6th, McKinnon of the 7th and others:
A Bill to be entitled an Act to amend the Code relating to awarding judgment for costs for transmitting a transcript of a record to appellate courts so as to require appellant to pay in advance; and for other purposes.
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 Alien Anderson Arnsdorff Ballard Barber Baughman Bedgood Bell
Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Busbee Bynum
Byrd Caldwell Coker of Cherokee Coker of Turner Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Fannin
WEDNESDAY, MARCH 6, 1963
1221
Duncan of Carroll Etheridge Floyd Fulford Greene Hale Hall Harrell Harris Henderson Herndon Hill House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Keyton Killian Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Dougherty Leonard
Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McCracken McKemie Meeks Milford Mitchell Mixon Moore Murphy Nessmith Newton of Jenkins Odom Paris Parker Partridge Perry of Colquitt Peterson Ponsell Pope Poss Raulerson Reaves Rhodes Richardson
Rodgers Rowland Sewell Shaw Shea Simpson Smith of Telfair Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Towson Twitty Vaughn Walker Warren Wells of Peach Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Russell.
Those not voting were Messrs.:
Acree Andrews Bagby Blalock of Clayton Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Conger Conner
Crummey Cullens Davis DeVane Dicus Echols Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Groover Harrington Horton Hull
Hurst Jones of Liberty Jordan of Floyd Jordan of Calhoun Keadle Kelly King Lambert Lee of Clinch Lee of Clayton Logan Lowrey McClelland McDonald McGarity Melton Milhollin Moate
1222
JOURNAL OF THE HOUSE,
Morgan of Gwinnett Morgan of Newton Mullis Newton of Colquitt Overby Pafford Payton Perry of Marion Phillips Pickard Poole Rainey Roberts
Roper Rutland Sangster Scarborough Shuman Simmons Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Teague Todd
Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Ware Watson Watts Wells of Camden White Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 184. By Messr. Mitchell and Smith of Whitfield: A Bill to be entitled an Act to amend an Act establishing an Employee's Retirement System, so as to change the number of times a current member may have previously withdrawn his contributions and still re-establish membership; and for other purposes.
The Committee substitute was withdrawn.
The following substitute was read and adopted:
A BILL TO BE ENTITLED
An Act to amend an Act establishing an Employees' Retirement System of Georgia approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the number of times a current member may have previously withdrawn his contributions and still re-establish his membership service; to provide that interest paid on certain sums to re-establish membership be placed in the pension accumulation fund; to provide that payment of retirement allowances shall not be suspended because of and by virtue of a retired person receiving and accepting the compensation, per diem, allowances and expenses as an elected member of the General Assembly of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing an Employees' Retirement System of Georgia approved February 3, 1949 (Ga. Laws 1949, p. 138), as
WEDNESDAY, MARCH 6, 1963
1223
amended, is hereby amended by striking Subsection (11) of Section 4 in its entirety and inserting in lieu theerof a new Subsection (11) to read as follows:
"(11) Any current member having previously withdrawn his contributions, not more than two times, may, after five (5) years active service as a contributing member, re-establish such creditable service as he would have been eligible for had he not withdrawn his contributions, upon his repayment into the System a sum equal to the amount withdrawn plus regular interest at the rate of four and one-fourth (4^4%) per cent from the date of his withdrawal to the date of repayment, and such interest shall be placed in the pension accumulation fund."
Section 2. Said Act is further amended by adding a new para graph to "Subsection (1) of Section 5 to be known as paragraph (d) to read as follows:
"(d) Anything in this Act to the contrary notwithstanding, the payment of retirement allowances shall not be suspended be cause of and by virtue of a retired person receiving and accepting the compensation, per diem, allowances and expenses as an elected member of the General Assembly of Georgia."
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, 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 Anderson Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson
Bowen of Toombs Brown Busbee Bynum Byrd Caldwell Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Deen of Bacon Dixon
Dorminy Duncan of Fannin Etheridge Fleming Flynt Fulford Gibbons Greene Griffin Hale Harrell Henderson House Houston Hull
1224
JOURNAL OP THE HOUSE,
Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton Killian Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Clayton Lee of Colquitt Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McKemie
Meeks Melton Milford Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Pafford Paris Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss Eainey Reaves Rhodes Richardson Roberts Rowland Russell
Sewell Shaw Shea Simpson Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Stuckey Tabb Teague Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Andrews Arnsdorff Brackin
Branch Brantley Brooks of Oglethorpe Brooks of Fulton
Causby Chandler Conger Conner
Crummey Da vis Dean of Polk
DeVane Dicus Duncan of Carroll Eehols Flournoy
Floyd Fowler of Douglas Fowler of Treutlen Funk Groover Hall Harrington Harris Herndon Hill Horton Jones of Liberty Jones of Worth Jordan of Calhoun Kelly King Lane Logan McDonald McGarity Milhollin
Moate Mullis Newton of Colquitt Overby Parker Payton Phillips Pickard Raulerson
Rodgers Roper Rutland Sangster Scarborough Shuman Simmons Sinclair Singer Smith of Emanuel Story Todd
WEDNESDAY, MARCH 6, 1963
1225
Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop
Wells of Camden White Wilkes Williams of Coffee
Williams of Hall Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 25. By Senator Phillips of the 27th:
A Bill to be entitled an Act to amend Code Section 39-1201 relating to the time, place, and manner of holding public sales of property under execution; and for other purposes.
The following substitute offered by Mr. House of Bibb was read and adoptd:
A BILL TO BE ENTITLED
An Act to prescribe the time within which public sales shall be held; to define public sales; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. All public sales conducted within this State shall be between the hours of 10:00 A.M. and 4:00 P. M. Eastern Standard Time on the date fixed for such sale. For the purposes of this Act, a public sale is any sale the notice of which must by law in any manner be given to the public.
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 Alien
Anderson Arnsdorff
Ballard Barber
1226
JOURNAL OF THE HOUSE,
Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brown Busbee Byrd Caldwell Carr Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner Dean of Polk Been of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Ether idge Flournoy Floyd Flynt Fowler of Treutlen Fulford Greene Groover Harrell Henderson
House Houston Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Keyton King Knight of Laurens Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McCracken Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Murphy Nessmith Newton of Marion Newton of Colquitt Odom Pafford Paris Partridge
Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Russell Sewell Shaw Shea Shuman Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Warren Wells of Peach Wells of Oconee Williams of Coffee
Those not voting were Messrs.:
Acree Andrews Bagby Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Causby Clarke of Monroe Conger
Crummey Cullens Davis DeVane Dicus Fleming Fowler of Douglas Funk Gibbons Griffin Hale Hall
Harrington Harris Herndon Hill Horton Hull Isenberg Jones of Liberty Jones of Lumpkin Jordan of Calhoun Kelly Killian
WEDNESDAY, MARCH 6, 1963
1227
Kirkland Knight of Berrien Leonard Lewis Logan Mackay
McClelland McDonald McGarity
McKemie Melton Moate Morgan of Newton Mullis
Overby Parker
Payton Phillips Pickard Rainey Rodgers Roper
Rowland Rutland Sangster
Scarborough Simmons Simpson Sinclair Singer
Smith of Emanuel Smith of Whitfield
Stuckey Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop
Watson Watts Wells of Camden
White Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb
Woodward Mr. Speaker.
On the passage of the Bill, by substitute, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Bolton of Spalding moved that the House do now adjourn until 9:30 a.m. tomorrow morning and the motion prevailed.
The Speaker Pro-Tern announced the House adjourned until 9:30 tomorrow morning.
1228
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, March 7, 1963
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 offered by Reverend James Griffin, Pastor of the Elizabeth Lee Methodist Church, Chickamauga, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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, Thursday, March 7, 1963 and submits the following:
HB
73. Primary election, preparation of ballots
HB 100. Instructional courses, television
HB 135. Motion for new trial, amend
THURSDAY, MARCH 7, 1963
1229
HB 144. Use of voting machines HB 162. Health Code (postponed 3/7/63) HB 163. State institutions, cost of care HR 96-194. Law Books, Gordon County HB 202. Georgia Recreation Commission HB 248. Recreation systems, cities, counties HB 288. Certain language over telephone HB 320. Motor Fuel Tax Law, amend HB 340. Area Redevelopment Finance Administrator HB 348. Sheriffs' Retirement Fund (postponed 3/7/63) HR 138-379. Properties Study Committee, create HB 410. Federal census; effective date HB 419. Middle Georgia Coliseum Authority, create HB 424. Registration of trade-marks HR 151-426. Designate S. A. Hodge Bridge HB 428. Trespassers, rights of contribution HR 159-429. Easement for pipeline, Floyd & Barrow Counties HB 431. Sales & Use Tax Act, amend HB 435. Fertilizer Act, amend HB 444. Create new Judicial Circuit HR 163-445. Scholarships for dental students HB 446. Georgia Forestry Commission, amend HB 452. Make public name of child, change age limit HB 477. Prohibit taking of certain birds HR 167-477. Judges Superior Courts, travel HB 478. Small Claims Court, certain counties HB 485. Department of Public Welfare, benefits HB 487. Relating to entering and stealing HR 175-494. Creation of Dental College HB 501. Hospital Authority Act, amend HB 509. Probation Act, amend HB 513. Blanket bonds, counties, municipalities HB 517. Public Service Commission, salaries HB 518. Governor's Staff, written permission'
1230
JOURNAL OP THE HOUSE,
HB 527. School laws, 12th grade
HB 530. Revenue Commissioner, deputy
HB 535. Relating to debt due by garnishee
HB 555. Revenue Department, special agents
SB
7. School Superintendents, qualifications (postponed)
SB
14. Inspection of motor vehicles
SB
24. Election Laws Study Committee, create
SB
39. Safety belts, automobiles
SB
80. Optometry, State Board, clarify authority
SB
82. Citrus fruit, grades, standards (postponed 3/7/63)
SB
98. Uniform Commercial Code, define public sale
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham,
Secretary
By unanimous consent, the following Bills and Resolutions of the House were read and referred to the Committees:
HB 604. By Mr. Singer of Stewart:
A Bill to be entitled an Act to consolidate all of the laws chartering the Town of Omaha in the County of Stewart; and for other purposes.
Referred to the Committee on Local Affairs.
HB 605. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia so as to require that where an adopted child is not specifically mentioned in an instrument of testamentary gift, said child shall be excluded therefrom; and for other purposes.
Referred to the Committee on Judiciary.
HB 606. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act incorporating the City of LaFayette in the County of Walker, so as to provide for the power of eminent domain; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, MARCH 7, 1963
1231
HB 607. By Messrs. Williams and Overby of Hall:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues in Hall County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 608. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating the Clayton County Water Authority, so as to change the composition of the mem bership of the Authority; and for other purposes.
Referred to the Committee on Local Affairs.
HR 205-608. By Mr. Houston of Pierce: A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Pierce County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 609. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend an Act providing for the com pensation of the county Treasurer in counties having a population of not less than 17,600 and not more than 17,700; and for other purposes.
Referred to the Committee on Local Affairs.
HB 610. By Messrs. Williams and Overby of Hall, Ware of Troup, Morgan of Gwinnett, Lambert of Morgan, Paris of Barrow and Kelly of Jasper: A Bill to be entitled an Act to create in each county and municipal corporation of the State a body corporate and politic to be known as the Library Authority of the county or municipal corporation; and for other purposes.
Referred to the Committee on Education.
HB 611. By Messrs. Killian and Isenberg of Glynn: A Bill to be entitled an Act to create a Court to be known as the "Magistrate's Court of Glynn County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 612. By Messrs. Odom of Dougherty and Wilkes of Cook: A Bill to be entitled an Act to amend an Act which superseded and revised the laws relating to the Game and Fish Commission, so as to
1232
JOURNAL OP THE HOUSE,
provide for the purchase of aircraft by the Game and Fish Commis sion; and for other purposes.
Referred to the Committee on Natural Resources.
HB 613. By Messrs. Bolton of Spalding, Killian of Glynn, Fulford of Terrell, Ware of Troup, Wilkes of Cook, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission, so as to provide for the trapping of rabbits; and for other purposes.
Referred to the Committee on Natural Resources.
HB 614. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to create the Albany High School Stadium Authority and to authorize such Authority to acquire, construct, equip, an athletic stadium and the usual facilities related thereto; and for other purposes.
Referred to the Committee on Local Affairs.
HB 615. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to authorize the City of Albany and the County of Dougherty to jointly acquire, either by donation, purchase or eminent domain, such lands and buildings as the City of Albany and the County of Dougherty may from time to time determine is neces sary for the joint use of the City of Albany and the County of Dougherty; and for other purposes.
Referred to the Committee on Local Affairs.
HB 616. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act providing for the merger of the thenexisting independent school system of the City of Albany and the thenexisting school district of the County of Dougherty lying outside the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
HB 617. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Education of Dougherty County; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, MARCH 7, 1963
1233
HB 618. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany by providing that upon the petition of the owners of 75% of the property adjacent to any alley within the fire zone, the draining may be done and costs assessed against the owners of adjacent lands; and for other purposes.
Referred to the Committee on Local Affairs.
HB 619. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to provide for official bonds of the Marshal or Chief and other personnel of the City of Albany Police Department; and for other purposes.
Referred to the Committee on Local Affairs.
HB 620. By Messrs. Odom, Lee and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, relating to wards; and for other purposes.
Referred to the Committee on Local Affairs.
HB 621. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to amend an Act creating the 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 622. By Messrs. Laite of Bibb, Towson of Laurens, Meeks of Union, Groover of Bibb, Chandler of Baldwin, Raulerson of Echols and others:
A Bill to be entitled an Act to regulate the sale of firearms of less than fifteen inches in length by any person, so as to provide who shall be required to purchase a license; and for other purposes.
Referred to the Committee on Ways and Means.
HB 623. By Messrs. Bowen of Toombs, Fowler of Treutlen, Simpson of Wheeler, Perry of Evans, Nessmith and Lane of Bulloch and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Securities Act", so as to exempt the regulation of sales of certificates of interest in any exploratory oil or gas well enterprise; and for other purposes.
Referred to the Committee on Banks and Banking.
1234
JOURNAL OP THE HOUSE,
HB 624. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act abolishing all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, to create the position of Judge Emeritus of the Civil Court of Pulton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 625. By Mr. Singer of Stewart:
A Bill to be entitled an Act to authorize counties haivng a population between 7,367 and 7,377 to elect county officials and the member of the House of Representatives to the General Assembly by a majority of the popular votes in the county; and for other purposes.
Referred to the Committee on Local Affairs.
HB 626. By Messrs. Story and Morgan of Gwinnett and House of Bibb:
A Bill to be entitled an Act to amend an Act entitled The Georgia Retailers' and Consumers' Sales and Use Tax, so as to provide for brackets of prices for the collection of the tax imposed when fractional parts of dollars are taxed; and for other purposes.
Referred to the Committee on Ways and Means.
HB 627. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend Title 92 ("Public Revenue") Division I, Part IX, Chapters 92-31 and 92-33 of the 1933 Code of Georgia, so as to clarify Code Section 92-3303 (f) extending the time within which additional tax may be assessed; and for other purposes.
Referred to the Committee on Ways and Means.
HB 628. By Messrs. Knight of Berrien, Wilkes of Cook, Henderson of Atkinson and Lee of Clinch:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Alapaha Judicial Circuit, so as to provide for the payment of expenses to the Solicitor-General; and for other purposes.
Referred to the Committee on Rules.
HB 629. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of Brantley County, so as to change the compen sation of the Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
THURSDAY, MARCH 7, 1963
1235
HR 215-629. By Mr. Causby of Gordon:
A Resolution authorizing the conveyance of two lots belonging to the State of Georgia to Gordon County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 630. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide a method of detaching territory from the corporate limits of a municipality when a parcel or tract of land is under a single ownership and lies partially within the limits of a municipality and partially within an unincorporated area con tiguous thereto, upon the written request of the property owner in the affected area; and for other purposes.
Referred to the Committee on Local Affairs.
HB 631. By Mr. Deen of Bacon: A Bill to be entitled an Act creating a new charter for the City of Alma; to extend corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Deen of Bacon asked unanimous consent that the Rules be suspended in order that the following Bill of the House be allowed a first reading today due to the urgency of same:
HB 631. By Mr. Deen of Bacon: A Bill to be entitled an Act creating a new charter for the City of Alma, to extend corporate limits; and for other purposes.
The consent was granted and HB 631 was read for the first time:
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 566. By Messrs. Isenberg and Killian of Glynn: A Bill to be entitled an Act to amend an Act incorporating the City of Brunswick, so as to provide that the Commissioner at Large elected shall be designated as Mayor; and for other purposes.
HB 567. By Mr. Matthews of Colquitt: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages", so as to limit a retail licensee to sell only one quart of alcoholic beverages and liquors per day to any one purchaser; and for other purposes.
1236
JOURNAL OF THE HOUSE,
HB 568. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act relating to application for year's support, so as to require that in all such applications the full name and legal residence of the deceased be set out; and for other purposes.
HB 569. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to amend an Act creating the Town of Fort Oglethorpe, in the counties of Walker and Catoosa, so as to pro vide for the division of the town into wards; and for other purposes.
HB 570. By Mr. Tucker of Catoosa: A Bill to be entitled an Act to amend an Act relating to the Mayor and Alderman of the Town of Fort Oglethorpe; and for other purposes.
HB 571. By Mr. Lambert of Morgan: A Bill to be entitled an Act to create the Morgan County Development Authority; to provide the powers, authority, funds, purposes connected therewith; and for other purposes.
HB 572. By Messrs. Williams of Hall, Milhollin of Coffee and Isenberg of Glynn: A Bill to be entitled an Act to amend an Act so as to strike the pro visions relating to the tax on kerosene; to redesignate certain sub sections; and for other purposes.
HB 573. By Messrs. Chandler of Baldwin, Melton of Spalding, Kelly of Jasper and Harrington of Baldwin: A Bill to be entitled an Act to vest exclusive jurisdiction in the en forcement of the speed and traffic laws upon State and Federal High ways in the Director of the Department of Public Safety; and for other purposes.
HB 574. By Messrs. Caldwell and Echols of Upson: A Bill to be entitled an Act creating and establishing a Small Claims Court in counties having a population of not less than 23,500 and not more than 24,100; arid for other purposes.
HB 575. By Mr. Black of Webster: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Webster, so as to change the compensation and traveling expenses for the Sheriff; and for other purposes.
THURSDAY, MARCH 7, 1963
1237
HR 191-575. By Messrs. Walker and Gibbons of Lowndes, Killian and Isenberg of Glynn:
A Resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.
HB 576. By Mr. Matthews of Clarke: A Bill to be entitled an Act to amend an Act establishing Juvenile Courts in certain counties; and for other purposes.
HB 577. By Messrs. Williams of Hall, Teague of Cobb, Andrews of Stephens, Chandler of Baldwin, Kelly of Jasper and Simmons of Banks: A Bill to be entitled an Act to amend an Act creating a Dept. of Public Safety, so as to provide a change in the fee schedule and charges for driver's licenses; to provide for placing a picture of the applicant on drivers' licenses; and for other purposes.
HB 578. By Messrs. Jones of Liberty and White of Mclntosh: A Bill to be entitled an Act to amend an Act relating to abatement of causes of action, dismissal of causes of action, renewal of causes of action and renunciation by the plaintiff in open court of his cause of action; and for other purposes.
HB 579. By Messrs. Towson of Knight of Laurens: A Bill to be entitled an Act to amend an Act incorporating the Town of Dudley, so as to extend the City limits; and for other purposes.
HR 192-579. By Mr. Bynum of Rabun: A Resolution compensating Ralph R. Callenback, Jr., and for other purposes.
HB 580. By Messrs, Lee and Blalock of Clayton: A Bill to be entitled an Act to create a Court to be known as the "Civil and Criminal Court of Clayton County"; to provide for election, qualifications, oath, duties, powers and terms of the Judge and Solicitor; and for other purposes.
HR 194-580. By Messrs. Griffin and Conger of Decatur:
A Resolution authorizing the Governor to convey certain real estate owned by the State in Decatur County; and for other purposes.
1238
JOURNAL OF THE HOUSE,
HR 195-580. By Mr. Williams of Hall: A Resolution to compensate Monte F. Trout; and for other purposes.
HB 581. By Mr. Cullens of Bartow:
A Bill to be entitled an Act to amend an Act creating the Peace Offi cer's Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.
HB 582. By Mr. Bowen of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
HB 583. By Mr. Bowen of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Dawson; and for other purposes.
HR 196-583. By Mr. Bagby of Paulding: A Resolution to compensate Dan W. Forsyth; and for other purposes.
HR 197-583. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Governing Authority of Cobb County, for regulatory and revenue pur poses, to assess and collect license fees and occupational taxes against any person, firm or corporation including taxicabs and cars for hire; and for other purposes.
HR 198-583. By Mr. Etheridge of Fulton: A Resolution to compensate Ruben B. Cole; and for other purposes.
HB 584. By Mr. Bell of Richmond:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in counties having a population of 135,000, so as to change the compensation of the Clerk, Sheriff and other officers; and for other purposes.
THURSDAY, MARCH 7, 1963
1239
HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A Bill to be entitled an Act to amend an Act to abolish justice courts and establish a Municipal Court for the City of Augusta; and for other purposes.
HB 586. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to establish the City Court of Richmond County; and for other purposes.
HB 587. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of an assistant solicitor-general, an investigator and three stenographerclerks in the office of the Solicitor-General in counties having a popu lation of not less than 135,000 and not more than 140,000; and for other purposes.
HB 588. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to be entitled an Act to provide for the appointment of an assist ant solicitor of the city court of all counties having a population be tween 135,000 and 140,000; and for other purposes.
HB 589. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to provide an additional compensation for the solicitor-general of certain judicial circuits; and for other purposes.
HB 590. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of two Superior Court Reporters to Judges of Superior Courts in counties having a population of 115,000 to 140,000; and for other purposes.
HB 591. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act relating to coroner's fees, in certain counties; and for other purposes.
HB 592. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of a Clerk for the office of the Solicitor of the City Court in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.
1240
JOURNAL OF THE HOUSE,
HB 593. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to be entitled an Act to amend an Act to establish the City Court of Richmond County; to provide for appointment of a Judge and Solicitor; and for other purposes.
HB 594. By Mr. Smith of Grady:
A Bill to be entitled an Act to create the Claims Advisory Board; to provide for the composition, powers, duties and authority of said Board; and for other purposes .
HB 595. By Messrs. Spikes and Ware of Troup:
A Bill to be entitled an Act to amend an Act relating to service and return of garnishments, so as to strike that part providing for the issuance of successive summons before trial; and for other purposes.
HR 199-595. By Mr. Underwood of Taylor:
A Resolution authorizing the conveyance of certain State property located in Taylor County; and for other purposes.
HR 200-595. By Mr. Rutland of DeKalb: A Resolution to compensate Paul T. Kane; and for other purposes.
HR 201-595. By Messrs. Mackay and Harris of DeKalb: A Resolution to compensate Alston Ramsay, Jr., and for other purposes.
HR 202-595. By Messrs. Mackay and Harris of DeKalb:
A Resolution to compensate Cyrus W. Horton IV, and for other purposes.
HR 203-595. By Messrs. House of Bibb, Dean of Polk, Steis of Harris, Watson of Pike, Underwood of Taylor, Andrews of Stephens and Knight of Berrien:
A Resolution creating an Interim Legislative Committee relative to Defense and Veterans Affairs; and for other purposes.
HB 596. By Messrs. Mackay of DeKalb, McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing for election precincts, so as to provide that in counties having a population of 250,000 or more as many election precincts as convenient may be estab lished; and for other purposes.
THURSDAY, MARCH 7, 1963
1241
HB 597. By Messrs, Knight of Berrien, Deen of Bacon, Wilkes of Cook, Alien of Tift, Henderson of Atkinson and others:
A Bill to be entitled an Act to provide minimum standards for lumber placed in permanent construction; and for other purposes.
HB 598. By Mr. Coker of Turner:
A Bill to be entitled an Act to further define and prescribe the purposes, powers and duties of the Turner County Development Authority; and for other purposes.
HB 599. By Messrs. Bolton of Spalding and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to "The Vehicle Equipment Safety Compact"; and for other purposes.
HB 600. By Messrs. Bolton of Spalding and Twitty of Mitchell:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to "The Driver License Compact"; and for other purposes.
HB 601. By Messrs. Wilkes of Cook, Twitty of Mitchell, Groover of Bibb:
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 602. By Messrs. Herndon of Appling, Sinclair of Macon, Deen of Bacon, Warren of Wayne, Hall of Lee, Reaves of Brooks, and many others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program for Education Act", so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes.
HB 603. By Mr. McClelland of Pulton:
A Bill to be entitled an Act to amend an Act to provide in Pulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education of Pulton County, so as to give credit for prior service rendered as a teacher in any public school system; and for other purposes.
SB 28. By Senators Coggin of the 35th and Brown of the 34th:
A Bill to be entitled an Act to amend an Act regulating the installation of warm air hearing equipment, and creating a Board of Examiners of Warm Air Heating Contractors, so as to provide for additional persons who shall be eligible to serve on the Board of Examiners; and for other purposes.
1242
JOURNAL OF THE HOUSE,
SR 36. By Senator Johnson of the 42nd:
A Resolution creating a "Public Pensions Study Commission"; to pro vide for the appointment and compensation of its members; to define the duties and powers of the Commission; and for other purposes.
SB 121. By Senator Downing of the 1st:
A Bill to be entitled an Act to provide that the month of February shall be designated as American History Month in the State of Georgia; and for other purposes.
SB 123. By Senators Broun of the 46th, Pennington of the 45th and others:
A Bill to be entitled an Act to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and interstate commerce; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 140. Do Pass. HB 601. Do Pass. HR 39- 77. Do Pass. HR 95-188. Do Pass. HR 173-484. Do Pass. HR 169-478. Do Pass. HR 110-267. Do Pass. HR 49-107. Do Pass. HR 46-107. Do Pass. HR 186-535. Do Pass, as Amended. HR 122-316. Do Pass, as Amended.
Respecfully submitted, Blalock of Coweta, Chairman.
THURSDAY, MARCH 7, 1963
1243
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 106. Do Pass.
Respectfully submitted,
Steis of Harris,
Chairman.
Mr. Melton of Spalding County, Chairman of the Committee on Education, submitted 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 602. Do Pass.
Respectfully submitted
Melton of Spalding,
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
42. Do Pass.
HB 166-470. Do Pass.
Respectfully submitted,
Ballard of Newton,
Chairman.
1244
JOURNAL OF THE HOUSE,
Mr. Conner of Jeff Davis 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 recommendation:
HB 516. Do Pass.
Respectfully submitted,
Conner of Jeff Davis,
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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 479. Do Pass, by Committee Substitute. HB 596. Do Pass. HR 139-395. Do Not Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Dorminy of Ben Hill 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 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 488. Do Pass, as Amended. SB 32. Do Pass, by Committee Substitute.
Respectfully submitted, Dorminy of Ben Hill, Chairman.
THURSDAY, MARCH 7, 1963
1245
Mr. Bolton of Spalding 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 525. Do Pass.
HR 206. Do Pass.
HR 177-499. Do Pass. Respectfully submitted,
Bolton of Spalding,
Vice-Chairman.
Mr. Vaughn of Rockdale County, Vice-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 Resolution of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recom mendations :
HR 184-535. Do Pass. HB 421. Do Pass, as Amended. SB 116. Do Pass.
Respectfully submitted, Vaughn of Rockdale, Vice-Chairman.
Mr. Branch of Tift 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 recommendations:
HR 187-542. Do Pass.
Respectfully submitted, Branch of Tift, Chairman.
1246
JOURNAL OP THE HOUSE,
Mr. Ware of Troup County, Chairman of the Committee on State of Re public, 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 :
HB 497. Do Pass.
HB 523. Do Pass.
HR 185-535. Do Pass.
SB
41. Do Pass.
Respectfully submitted,
Ware of Troup,
Chairman.
Mr. Towson of Laurens 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 and Resolution of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 190-565. Do Pass. HB 622. Do Pass. HB 627. Do Pass.
Respectfully submitted, Towson of Laurens, 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 438. By Mr. Bowen of Randolph: A Bill to amend an Act incorporating Andrew Female College; and for other purposes.
THURSDAY, MARCH 7, 1963
1247
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 31. By Senator Downing of the 1st:
A Bill to amend Title 114 of the Code of Georgia, relating to Work man's Compensation, as amended so as to provide a time limitation for investigating and entering into agreements to pay compensation; 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:
HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd and others:
A Bill to amend an Act relating to the barbers and hairdressers, so as to define "Barbering"; to abolish the State Board of Barber and Beauticians Examiners; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the House to wit:
HB 225. By Messrs. Stuckey of Dodge, Lowrey of Floyd and others:
A Bill to regulate the occupation of cosmetology, so as to define "cosmetology"; 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:
1248
JOURNAL OF THE HOUSE,
HB 142. By Mr. Harrington of Baldwin:
A Bill to authorize and empower the Department of Public Health to conduct a survey to determine the standards that should be required of Day Care Centers operated and maintained to furnish a training program and to care for the mentally retarded; and for other purposes.
HB 160. By Messrs. Brown of Hart, Milford of Franklin and others:
A Bill to provide a salary for the official court reporter of the Northern Judicial Circuit in lieu of fees for criminal cases; and for other purposes.
HB 384. By Messrs. Wilson, Teague and Flournoy of Cobb: A Bill to provide a salary for the official full time court reporter of the Cobb Judicial Circuit in lieu of fees for criminal cases; 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 132. By Messrs. Matthews of Clarke, Killian of Glynn and others: A Bill to amend an Act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate, Senators Gayner of the 5th, Webb of the llth and Wesberry of the 37th.
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 108. By Senator Fuqua of the 22nd: A Bill to amend an Act concerning the definition of "trustee" in Public Law No. 256 of Ga. Laws 1949, approved Feb. 25, 1949, so as to amend Sec. II (d) of said Act with respect to designation of trust companies; and for other purposes.
THURSDAY, MARCH 7, 1963
1249
SB 55. By Senator Puqua of the 22nd:
A Bill to amend an Act regulating advertising approved March 25, 1958 (Ga. Laws 1958, p. 411), as amended, so as to provide that no person, firm, corporation, or association may place deceptive advertising before the public.
SR 75. By Senator Kidd of the 25th:
A Resolution relative to the members of the Senate challenging the members of the House of Representatives to a basketball game; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 55. By Senator Fuqua of the 22nd:
A Bill to be entitled an Act to amend an Act regulating advertising, as amended, so as to provide that no person, firm, corporation, or asso ciation may place deceptive advertising before the public; and for other purposes.
Referred to the Committee on State of Republic.
SB 108. By Senator Fuqua of the 22nd:
A Bill to be entitled an Act to amend an Act concerning the definition of "trustee" in Public Law No. 256 of Ga. Laws 1949, so as to amend Section II (d) of said Act with respect to designation of trust companies; and for other purposes.
Referred to the Committee on Banks and Bankings.
SB 31. By Senator Downing of the 1st:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia, relating to Workman's Compensation, as amended, so as to provide a time limitation for investigating and entering into agreements to pay compensation; and for other purposes.
Referred to the Committee on Industrial Relations.
The following Resolution was read:
HR 217. By Messrs. Matthews of Colquitt, Teague of Cobb, Story of Gwinnett, and others:
A RESOLUTION
Protesting the visit of Russia Churchmen to the State of Georgia; and for other purposes.
1250
JOURNAL OF THE HOUSE,
WHEREAS, on March 6, 1963 there will arrive in Georgia four representatives of the Soviet Union who will come here at the invitation of the National Council of Churches; and
WHEREAS, that this invitation has been extended in spite of testimoney given by Peter S. Deriabin, former Major General of the Soviet Secret Police and the highest ranking officer ever to defect to the West concerning a former visit by a delegation of Soviet "churchmen" in 1956, to wit; that the head of the "religious" delegation was Metro politan Nicolai who was the second ranking prelate of the Russian Ortho dox Church but at the same time was an agent of the State Security of Soviet Russia, that to petition for a church is almost tantamount to a treasonable act in Soviet Russia; that there have been no religious priests in Soviet Russia since the mid-thirtys but only figurehead priests who, as a qualification for their position, must first be an agent of the State Police of the Communist Party, that there are no priests in Soviet Russia who serve the church first, but only the State as agents of the State Police, and finally, that before any person can serve as an agent of the State Police, he must first give allegiance to the State and to the principles of the Soviet which include atheism; and
WHEREAS, it is the most basic of beliefs of this country that the State and church must be separate and distinct, each to govern them selves and neither to dictate the policies or purposes of the other; and
WHEREAS, the Holy Bible says, "Beware of false prophets which come to you in sheep's clothing."
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the people of Georgia protest the visit of these Russian Churchmen not out of any feeling of religious intoler ance, but in the spirit of the protection of our Democratic system of government and in the basic belief that no man can serve God while praising allegiance to atheism.
Mr. Vaughn of Rockdale moved that HR 217 be committed to the proper Committee:
On the motion to commit, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Ballard Barber Bedgood Bell
Blair Bolton Bowen of Dawson Busbee Byrd Causby Clarke of Monroe
Coker of Cherokee Davis Dean of Polk Etheridge Flournoy Funk Greene
THURSDAY, MARCH 7, 1963
1251
Hale Harrell Harris Hill House Houston Jones of Muscogee Jordan of Calhoun Laite Lee of Clinch Lee of Clayton Lee of Dougherty Lokey Mackay Matthews of Clarke McClelland McCracken
McGarity McKemie Melton Mitchell Moore Morgan of Gwinnett Morgan of Newton Murphy Odom Overby Pafford Paris Peterson Phillips Pope Richardson Rodgers
Roper Rowland Shea Snow Spikes Towson Underwood of
Montgomery Vaughn Waldrop Walker Ware Watson Watts Williams of Hall
Those voting in the negative were Messrs.:
Alien Arnsdorff
Bagby Baughman Black Blalock of Coweta Branch Bynum Chance Chandler Coker of Turner DeVane Dicus Dorminy Duncan of Pannin Duncan of Carroll Floyd Fowler of Douglas Fowler of Treutlen Fulford Griffin Hall Harrington Henderson Herndon Hurst Johnson of Elbert
Johnson of Warren Jones of Worth Keadle Keyton Killian King Kirkland Knight of Berrien Lane Lewis Lindsey Matthews of Colquitt Milhollin Moate Nessmith Newton Parker Partridge Perry of Marion Perry of Evans Pickard Ponsell Poole Poss Rainey Raulerson Reaves
Rhodes Roberts Russell Sewell Shaw Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Habersham Stalnaker Steis Story Tabb Teague Todd Underwood of Taylor Warren Wells of Peach White Wilkes Williams of Coffee Wilson of Brantley Woodward
Those not voting were Messrs.
Acree Blalock of Clayton Bowen of Randolph
Bowen of Toombs Brackin Brantley
Brooks of Oglethorpe Brooks of Fulton Brown
1252
Caldwell Carr Clark of Catoosa Conger Conner Crummey Cullens Deen Dixon Echols Fleming Flynt Gibbons Groover Horton Hull
JOURNAL OP THE HOUSE,
Isenberg Jones of Liberty Jones of Lumpkin Jordan of Floyd Kelly Knight of Laurens Lambert Leonard Logan Lowrey McDonald Meeks Milford Mixon Mullis Newton of Colquitt
Payton Rutland Sangster Scarborough Shuman Smith of Telfair Smith of Emanuel Smith of Whitfield Stuckey Tucker of Catoosa Tucker of Burke Twitty Wells of Oconee Wells of Camden Wilson of Cobb Mr. Speaker
On the motion to commit, the ayes were 69, nays 79.
The motion was lost.
Mr. Hale of Bade moved to postpone HR 217 indefinitely and the motion prevailed.
HR 217 was postponed indefinitely.
Mr. Killian of Glynn moved that the House insist on its position on the following Bill of the House and appoint a Committee of Conference:
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn, Melton of Spalding, Mackay and Harris of DeKalb, and others:
A Bill to be entitled an Act to amend an Act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.
The motion prevailed and the Speaker Pro-Tern appointed the following members as a Committee of Conference on the part of the House:
Messrs. Matthews of Clarke, House of Bibb and Clarke of Monroe.
Mr. John C. Jennings, member of the House of Commons of the British Parliament was presented to the House and addressed them in a few well-chosen words.
THURSDAY, MARCH 7, 1963
1253
The following Resolution of the House was read and adopted:
HR 220. By Messrs. Spikes and Ware of Troup:
A RESOLUTION
Extending congratulations to Honorable Bela A. Lancaster, Super intendent of the City Schools of LaGrange, Honorable W. Wates Keller, Principal of the LaGrange High School, Honorable Richard P. (Dick) Shrewsbury, Coach of the LaGrange High School "Grangers", the LaGrange High School "Grangers" basketball team and others; and for other purposes.
WHEREAS, the Georgia High School Association and the Atlanta Constitution have sponsored the Georgia State AAA Basketball Tournment in the City of Atlanta; and
WHEREAS, this is an outstanding and universally popular sports event of interest to all Georgians; and
WHEREAS, the LaGrange High School "Grangers" by their out standing ability, fine coaching, team cooperation and esprit de corps did win said tournament making said team the champions of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Honorable Bela A. Lancaster, Superintendent of the City Schools of LaGrange, Honorable W. Wates Keller, Principal of the LaGrange High School, Honorable Richard P. (Dick) Shrewsbury, Coach of the LaGrange High School "Grangers", the members of the LaGrange High School "Grangers" basketball team their heartfelt congratulations.
BE IT FURTHER RESOLVED that the LaGrange High School "Grangers" basketball team did, by their great ability, wonderful sports manship and gentlemanly conduct, reflect great credit on LaGrange, Troup County, the faculty of LaGrange High School and the State of Georgia.
BE IT FURTHER RESOLVED that the students and faculty of LaGrange High School are hereby commended for their cooperation and assistance to said basketball team.
BE IT FURTHER RESOLVED that as a token of their esteem the House of Representatives of the State of Georgia does hereby bestow its commendation upon the LaGrange High School "Grangers" basketball team and its coach Richard P. (Dick) Shrewsbury.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish to Honor able Harry R. Spikes, Representative from Troup County, with appro priate copies of this Resolution in sufficient number to be personally presented to the persons named in this Resolution.
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The following Resolutions of the House were read and referred to the Com mittee on Special Judiciary:
HR 221. By Messrs. Horton of Putnam, Harrington of Baldwin, Shea of Chatham, and Twitty of Mitchell.
A RESOLUTION
Creating an interim study committee for the promotion of industry; and for other purposes.
WHEREAS, the promotion of the industrial growth of the State is essential to the continued expansion of the State's economy; and
WHEREAS, it is necessary that continual efforts be made to dis cover and attract new industries to locate in this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that there is hereby created a committee to be composed of seven members of the House of Representatives to be appointed by the Chairman of the House Industry Committee. The committee is authorized to make studies and investigations into the ways and means of seeking new industries to locate in this State, with particular emphasis upon the study of additional means to finance capi tal outlays of industries locating within the smaller communities. The committee shall work in cooperation with the Department of Industry and Trade during the course of their studies. They shall report their findings and recommendations back to the 1964 Session of the General Assembly.
The members shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim committees, not in excess of ten days for each member. The funds necessary to carry out the provisions herein shall come from the funds appropriated to or available to the legislative branch of the government.
HR 222. By Messrs. Hull of Richmond, Bynum of Rabun, Gibbons and Walker of Lowndes, and Wells of Peach:
A RESOLUTION
Creating a committee to study the various emeritus positions laws; and for other purposes.
WHEREAS, there have been many Bills introduced at the present Session of the General Assembly relating to amendments to the various emeritus positions created by the General Assembly; and
WHEREAS, the number of these Bills, many of which will not be considered until the 1964 Session of the General Assembly, has focused
THURSDAY, MARCH 7, 1963
1255
attention upon the need for a thorough and exhaustive study into all of the various emeritus laws and proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that there is hereby created a committee to be composed of ten members of the House to be appointed by the Speaker. The committee shall conduct such studies and investigations into the various emeritus positions laws and proposed amendments, with par ticular emphasis being placed upon an evaluation of the actuarial sound ness. The committee shall also make such investigation and study into the projected future effects of the various amendments and laws now of force in regards to this subject matter. They shall report their find ings and recommendations back to the 1964 Session of the General Assembly.
The members shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim commit tees, not in excess of thirty days for each member. The funds necessary to carry out the provisions herein shall come from the funds appropri ated to or available to the legislative branch of government.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 223. By Mr. Walker of Lowndes:
A RESOLUTION
Creating the House Facilities Committee; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the House Facilities Committee to be composed of the Speaker, the Clerk of the House, and two members of the House to be appointed by the Speaker. The Committee shall study the sound system of the House, the physical arrangement of the desks and seats in the House, and all other facilities connected with the House of Representatives with a view towards providing improvements for the benefit of all members of the House. The Committee is hereby authorized to make whatever changes deemed desirable, and is hereby authorized to enter into any contracts relative to any renovating, repair, or construction of any facilities, and the purchase of any equipment relative thereto. The Secretary of State is hereby authorized and directed, as Keeper of the Building and Grounds, to work with the Committee and in the event it is deemed necessary, to enter into any agreements and sign any contracts relative to the purposes of this Resolution. The members of the Committee shall receive the compen sation, per diem, expenses and allowances authorized for legislative members of interim legislative committees.
HR 224. By Mr. Rutland of DeKalb:
A RESOLUTION
Providing for a study of the Uniform Vehicle Code; and for other purposes.
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WHEREAS, the Uniform Vehicle Code was promulgated for the purpose of assisting the States in their traffic problems and with a view towards making uniform the traffic laws of the various States; and
WHEREAS, the General Assembly of Georgia in 1953 enacted a portion of such Code and since that time various other portions and separate Acts have been enacted but no study has been made to determine the exact status of the Georgia Law in relation to such Code; and
WHEREAS, such a study would prove of invaluable assistance to the members of the General Assembly in their consideration of various Bills relating to traffic and motor vehicles.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Office of Legislative Counsel is hereby authorized and directed to make a comparative study of the Uniform Vehicle Code with the Georgia Statutes and submit a report of such study to the members of the General Assembly prior to the convening of the 1964 session.
Mr. Barber of Jackson moved that the following Bill of the House be recommitted to the Committee on Education:
HB 100. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act so as to authorize the State Board of Education to make available instructional courses through the medium of Television; and for other purposes.
The motion prevailed, and HB 100 was recommitted to the Committee on Education.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 514. By Mr. Moore of Polk:
A Bill to be entitled an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not more than 28,250; and for other purposes.
The report 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.
THURSDAY, MARCH 7, 1963
1257
The Bill, having received the requisite constitutional majority, was passed.
HB 519. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act to incorporate the City of Sale City, in the County of Mitchell; and for other purposes.
The report 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 521. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act consolidating the Office of Tax Receiver and Tax Collector of Lumpkin County into 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 522. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to repeal an Act entitled "An Act to provide for the eligibility of members of the County Board of Education of Lumpkin 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.
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HB 524. By Mr. Ployd of Chattooga:
A Bill to be entitled an Act to amend an Act incorporating the Town of Menlo, so as to change the name to the City of Menlo; and for other purposes.
The report 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 526. By Mr. Clark of Catoosa:
A Bill to be entitled an Act to amend an Act creating a Board of Utilities Commissioners for Catoosa 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 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said charter from $100.00 to $300.00; and for other purposes.
The report 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.
THURSDAY, MARCH 7, 1963
1259
HB 531. By Mr. Tucker of Burke:
A Bill to be entitled an Act to amend 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 532. By Mr. Bowen of Randolph: A Bill to be entitled an Act to amend an Act incorporating the Town of Shellman in Randolph County, so as to change the millage rate limit upon all property subject to levy by the Mayor and City Councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the iBll, 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 534. By Messrs. Pickard, Dicus and Jones of Muscogee: A Bill to be entitled an Act to authorize the City of Columbus and Muscogee County to appropriate and pay into the Health Fund of the County Board of Health all or any part of said budget as to the Com mission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County is deemed meet and proper; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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HB 536. By Mr. Parker of Screven:
A Bill to be entitled an Act to amend an Act incorporating and granting a new charter to the City of Sylvania; and for other purposes.
The report 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 537. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act providing for the appoint ment and salary of a Judge and Solicitor for the City Court of 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 538. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend the charter of the Town of Clermont; and for other purposes.
The report 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 539. By Mr. White of Mclntosh: A Bill to be entitled an Act to amend an Act relating to the compen sation of the Ordinary of Mclntosh County; and for other purposes.
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1261
The report 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 540. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Stewart; and for other purposes.
The report 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 543. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating the Office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk of the Tax Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 544. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in Dodge County, so as to change the allowable compensation of the Clerk of the Commissioner of Roads and Revenues; 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 545. By Mr. Stuckey of Dodge:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dodge County on a salary basis, so as to change the allowable com pensation of the Clerk to the Ordinary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 546. By Mr. Stuckey of Dodge:
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 Dodge, the Sheriff and the Clerk of Superior Court, so as to change the total compensation to be paid an Additional Deputy Sheriff, the Deputy Clerk and to assistant or assistants in the office of the Clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 478. By Messrs. Matthews and Newton of Colquitt: A Bill to be entitled an Act to amend an Act creating a small claims court in certain counties, so as to prescribe qualifications for judges of said court; and for other purposes.
THURSDAY, MARCH 7, 1963
1263
The report 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 550. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to provide for a charter for the City of North Atlanta, in 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 111, nays 0.
The Bill, having received the requisilte constitutional majority, was passed.
HB 551. By Messrs. Duncan and Waldrop of Carroll: A Bill to be entitled an Act to create the Carrollton 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 552. By Messrs. Waldrop and Duncan of Carroll:
A Bill to be entitled an Act to create the Mt. Zion, Turkey Creek and Flint Corner Development Authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 554. By Messrs. Wilson, Teague and Flournoy of Cobb:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Marietta, pertaining to the Marietta Board of Education, 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 558. By Messrs. Killian and Isenberg of Glynn:
A Bill to be entitled an Act to provide for the appointment and terms of office of members of the Brunswick and Glynn County 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 560. By Mr. Anderson of Pulaski :
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville relating to the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, MARCH 7, 1963
1265
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 549. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the Judges, Solicitor, Clerk and Marshal; and for other purposes.
The following amendment was read and adopted:
The DeKalb delegation moves to aemnd HB 549 by striking from the 18th line of page 2 in Section 3 the figure "$12,500.00" and sub stituting in lieu thereof the figure "$13,000.00."
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, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 96-194. By Mr. Causby of Gordon:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Gordon County; and for other purposes.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 96 as fol lows:
By striking the last paragraph thereof, which reads as follows:
"BE IT FURTHER RESOLVED that if for any reason the State Librarian cannot furnish the above mentioned books, the Gov ernor is hereby authorized to draw his warrant on the State Treasurer for the amount required to purchase the same, on any
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unappropriated fund in the State Treasury provided said funds are available for this purpose."
in its entirety.
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 HI, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 553. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale, so as to provide and define wards; and for other purposes.
The following amendment was read and adopted:
The Local Affairs Committee moves to amend HB 553 as follows:
By striking from the sixth paragraph of Section 21A which is quoted in Section 5 the following: "shall at the next regular election in December 1963," and inserting in lieu thereof the following: "may, in their discretion, call an election at any time to".
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 59. By Senator Moore of the 31st:
A Bill to be entitled an Act to create the Cedartown Development Authority, to provide the powers, authority, funds purposes, organiza tion and procedures connected therewith; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, MARCH 7, 1963
1267
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 479. By Mr. Wilkes of Cook:
A Bill to be entitled an Act creating a Small Claims Court in counties having a population of not less than 11,775 and not more than 11,944; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census, and including the Counties of Berrien and Cook; providing for the appointment, duties, powers, compensation, qualifica tions, substitutions and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to provide for one or more bailiffs of and for said small claims court; to standardize and fix the monetary limits of such courts in conformity with preexisting small claims courts of this State; to provide for the procedure and practice in garnishments, in the issuing executions from said courts, and in the trial of claim cases and illegali ties instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to enable the county commis sioners to provide adequate and suitable quarters, facilities and accom modations for transacting the business of said courts and to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
There is hereby created and established in each county in this State having a population of not less than 11,775 and not more than 12,100 and including the counties of Berrien and Cook, a court known as the Small Claims Court, which court shall have civil jurisdiction in all cases at law in which the principal amount of the demand or dam ages claimed or value of the property involved does not exceed five hun dred dollars ($500.00), said jurisdiction to be county-wide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties; and such jurisdiction shall in-
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elude the power to issue writs of garnishment and attachment, fore close chattel mortgages and other instruments passing or retaining title to personality for the purpose of securing debt; and, in addition to the powers herein specifically granted, also the powers granted to justices of the peace by the Constitution and laws of the State of Georgia.
SECTION 2
The Judge of the Superior Court shall appoint and commission a citizen of any such county to be judge of any such court for a term ending January 1, 1967. All terms thereafter shall be for four years, and all appointments for 4 year terms or for any unexpired terms shall be made by the Judge of the Superior Court.
SECTION 3
Whenever the judge of the Small Claims Court shall be unable, because of absence, sickness, or other cause, to discharge any duty appertaining to his office, the judge of the superior court of the Judicial Circuit shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all re spects in the place and stead, and in the matter aforesaid, of the judge so unable to act.
SECTION 4
Any duties herein prescribed to be performed by the clerk of a small claims court may be performed by the judge thereof, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized.
SECTION 5
All fees collected by the judge as herein authorized, shall be re tained by him as his sole remuneration.
SECTION 6
Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in clear and con cise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action.
(a). A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the de fendant, and such service shall be sufficient to give the court jurisdic tion in the premises. Service of said notice shall be made only in the county by an officer or person authorized by law to serve process in superior courts; or by a duly qualified small claims court bailiff; or
THURSDAY, MARCH 7, 1963
1269
by registered or certified mail with a return receipt; or any any private individual not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose.
(b). When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant.
(c). When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(d). When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs.
(e). The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquid ated, plaintiff shall be required to present proof of his claim.
(f). Said notice shall specify the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service.
SECTION 7
A docket shall be maintained in which shall be indicated every pro ceeding and ruling had in the case.
SECTION 8
The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00) which shall cover the costs of what proceeding up to and including the rendering of a judgment, except the cost of serving process or notices to defendants and summoning wit nesses when required; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be seven dollars and fifty cents ($7.50); and in other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and, in claim cases and illegalities, instituted by a third party after levy, the costs shall be seven dollars and fifty cents ($7.50), to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall
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have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as be tween the parties, shall be according to discretion of the judge and shall be taxed in the case at his discretion.
SECTION 9
(a). On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the con troversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits.
(b). The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of sub stantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.
(c). In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration in attachment shall be required.
(d). If the plaintiff fails to appear, the case may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dis missed for want of prosecution, or make any other just and proper dis position thereof, as justice may dictate.
SECTION 10
If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff.
SECTION 11
Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the Judge of said small claims court, and the judge shall be entitled to seven dollars and fifty cents ($7.50) for every such claim case. The same practice and procedure shall apply
THURSDAY, MARCH 7, 1963
1271
in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demands for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summon ing of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the losing party in said proceeding.
SECTION 12
When a judgment is to be rendered and the party against whom it is to be rendered requests it, the judge shall inquire fully into the earn ings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
SECTION 13
The judge of such small claims court shall not be obligated to col lect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.
SECTION 14
The judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to ensure the proper administration of justice and to accomplish the purposes hereof. All such rules made by the Judge of the Superior Court shall be placed in a special book for that purpose which is to be kept by the Judge of the Small Claims Court.
SECTION 15
The judge of such court shall have power to appoint one or more bailiffs of and for said small claims court, to act within and through out the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as "Small Claims Court Bailiff" and have the powers and authority, and be subject to the penalties, of all lawful con stables of the State of Georgia, including the power to serve any and all processes and writs issued from or by small claims court, with power, also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be
1272
JOURNAL OF THE HOUSE,
ruled for failure of duty or malfeasance in office as are other lawful constables of this State.
SECTION 16
Such small claims courts having no designated terms at stated periods, but being always open for the transaction of business, the judge thereof shall, in each instance, set dates for all hearings and trials in every kind of case and, also, designate the times when attachments and executions are returnable and, also, designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment and issue an execution against the garnishee in favor the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.
SECTION 17
A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a small claims court bailiff; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or the writ of attachment. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be.
SECTION 18
Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice by depositing with the judge of his clerk such sum as the judge may fix as reasonable to secure payment of cost in curred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses, and to compel their at tendance.
(a) Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each.
(b) The judge of a small claims court shall have power to impose fines of note more than ten dollars or imprison for not longer than twenty-four hours any person guilty of a contempt of court, such fines to be paid into the county treasury or depository for county purposes.
THURSDAY, MARCH 7, 1963
1273
SECTION 19
Judgments of Small Claims Court shall become a lien on the real estate and personal property of a defendant, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county.
SECTION 20
Appeals may be had from judgments rendered in a Small Claims Court, to the superior court, by the party desiring to appeal. Said party shall first pay all costs then due. Said party must then file in the Superior Court a written appeal which shall include the name and number of the case in the Small Claims Court stating his grounds for appeal, which grounds must first be heard before the judge of the Superior Court. If after a full hearing the grounds for appeal are denied, said party shall have the right to appeal to a higher court in the same manner as other decisions of the Superior Court are appealed.
Until otherwise provided by rules of court, the statement of claims verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons and/or process now provided by law:
Small Claims Court
--_,,--..,,_____---..___,,__._.......County, Georgia (County name)
(County site)
.___-, Georgia
Plaintiff vs.
Defendant
Address
Statement of Claim
(Here the plaintiff, or at his request the court, will insert a state ment of the plaintiff's claim, and the original to be filed with the court may, if action is on a contract, express or implied, be verified by the plaintiff or his agent, as follows:)
State of Georgia, County of_____,,.____________.__... .___----__-_-._._______., being first duly sworn on oath, says the fore-
1274
JOURNAL OF THE HOUSE,
going is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all set-offs and just grounds of defense.
Plaintiff (or Agent) Sworn and subscribed before me this ------day of.--__.___.--________. 19----
Notary Public
Notice.
To____________--------------------- Defendant
Home address
Business Address
You are hereby notified that------_________________has made a claim
and is requesting judgment against you in the sum of ----,,_--_----__,,_
dollars ($_______..__.._._.)- as shown by the foregoing statement. The
court will hold a hearing upon this claim on-..----day of--------------,
19..----, at__.____M. at-----.-----______._----__----._.___-___. (address of Court)
You are required to be present at the hearing in order to avoid a judgment by default against you.
If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at time of the hearing. If you wish to have witnesses summoned, see the court at once for as sistance.
If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstance to the court.
You may come with or without an attorney.
(SEAL)
Judge--Clerk of the Small Claims Court
THURSDAY, MARCH 7, 1963
1275
SECTION 22
All acts performed by the judge or clerk, and all proceedings had before the small claims court in counties of this State having a popu lation of not less than 11,775 and not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census are hereby validated and all judgments and executions therein or therefrom shall run and be enforcible throughout this State.
SECTION 23
No time served as Judge of said Small Claims Court shall count towards any retirement as a Judge of a Superior Court.
SECTION 24
All supplies and paraphernalia, forms, docket books, files jackets, filing cabinets and the like, required by this Act in the proper operation of a Small Claims Court shall be furnished by the county commissioners upon requisition of the judge of such court.
(a) The said county commissioners shall provide adequate and suitable quarters, facilities and accommodations for transacting the busi ness of such court, and they may provide such additional personnel as in their judgment the court may from time to time require.
SECTION 25
If any word, phrase, sentence, section or part of this Act is declared unconstitutional, the remainder shall remain in full force and effect.
SECTION 26 All laws and parts of laws in conflict herewith are hereby repealed.
SECTION 27 This Act shall take effect immediately upon becoming a law.
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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
1276
JOURNAL OF THE HOUSE,
Under the General Order of Business, established by the Committee on Rules, the following Bill and Resolution of the House was taken up for consideration and read the third time:
HR 151-426. By Mr. Roberts of Jones :
A Resolution to designate "The S. A. Hodge, Sr. 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.:
Abney Alien Anderson Arnsdorff Ballard Barber Baughman Bedgood Bell Blair Blalock of Clayton Bowen of Dawson Branch Brown Busbee Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols
Fleming Flournoy Fowler of Douglas Funk Gibbons Greene Groover Hall Harrell Harrington Harris Henderson Herndon House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Keyton Killian King Laite Lambert Lee of Clinch Lee of Dougherty Lewis
Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey
Raulerson Reaves Richardson Roberts Roper Rowland Russell Scarborough Sewell Shaw Shea Simpson Sinclair
THURSDAY, MARCH 7, 1963
1277
Smith of Forsyth Smith of Telfair Snow Steis Story Stuckey Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery
Underwood of Taylor Waldrop Walker Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Andrews Bagby Black Blalock of Coweta Bolton Bowen of Randolph Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Chandler Conger Conner Crummey Cullens DeVane Dicus Etheridge Floyd Flynt Fowler of Treutlen Fulford
Griffin Hale Hill Horton Hurst Jones of Lumpkin Jordan of Calhoun
Kelly Kirkland Knight of Laurens Knight of Berrien
Lane Lee of Clayton Leonard Logan Lokey McClelland McCracken McDonald McGarity Moate Morgan of Gwinnett Mullis Newton of Colquitt
Overby
Payton Rhodes Rodgers Rutland Sangster Shuman Simmons Singer Smith of Emanuel Smith of Habersham Smith of Whitfield
Spikes Stalnaker Teague Tucker of Catoosa Vaughn Ware Warren Watson Wells of Camden Williams of Hall Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 132, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 288. By Mr. Brantley of Candler:
A Bill to be entitled an Act to prohibit the use of certain language over the telephone, to prohibit the use of the telephone for certain purposes; and for other purposes.
1278
JOURNAL OP THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 26-6303, relating to the use of abusive or obscene language, so as to prohibit the use of certain language over the telephone; to prohibit the use of the telephone for certain purposes; to provide a penalty therefor; to provide that the prohibitions of this Act be printed in every telephone directory distributed in this State; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Code Section 26-6303, relating to the use of abusive or obscene language, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 26-6303, which shall read as follows:
"26-6303. Using abusive or obscene language.--Any person who shall, without provocation, use to or of another, and in his presence, or by telephone, approbrious words or abusive language, tending to cause a breach of the peace, or who shall, in like man ner, use obsecene and vulgar or profane language in the presence of, or by telephone to, a female, or any person who shall communi cate to any virtuous female within this State by writing or printing any obscene or vulgar language or improper proposals, or by in decent or disorderly conduct in the presence of females on passenger cars, streets cars, or other places of like character, shall be guilty of a misdemeanor.
"(1) In every telephone directory distributed to the general public in this State after January 1, 1964, 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 telephone 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 type at least as large as the largest type on the same page, setting forth the substance of said Code Section."
SECTION 2
The provisions of this Act shall take effect upon its approval by the Governor or at such time as it may otherwise become law, except as to the provision relating to the printing and distribution of telephone directories.
SECTION 3
In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such
THURSDAY, MARCH 7, 1963
1279
adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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.
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 Alien Anderson Arnsdorff Ballard Barber Baughman Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee Byrd Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Davis Dean of Polk Dorminy
Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Fowler of Douglas Fowler of Treutlen Funk Gibbons Groover Hall Harrington Harris House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Laite
Lambert Lane Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay McClelland McKemie Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Marion
1280
Perry of Evans Peterson Phillips Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roper Rowland Russell Scarborough
JOURNAL OF THE HOUSE,
Sewell Shaw Shea Shuman Simpson Sinclair Smith of Porsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Stalnaker Steis Story
Stuckey Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Waldrop Walker Watts Wells of Oconee Williams of Coffee
Those voting in the negative were Messrs. Kirkland and Meeks.
Those not voting were Messrs.:
Acree Andrews Bagby Bedgood Black Bolton Branch Brooks of Oglethorpe Brooks of Fulton Bynuni Caldwell Coker of Turner Conger Conner Crummey Cullens Deen of Bacon DeVane Dicus Dixon Etheridge Floyd Flynt Fulford Greene Griffin
Hale Harrell Henderson Herndon Hill Horton Isenberg Jones of Liberty Kelly Knight of Laurens Knight of Berrien Lee of Clayton Logan Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity Moate Mullis Murphy Newton of Colquitt Payton Pickard Ponsell Poole
Roberts Rodgers Rutland Sangster Simmons Singer Smith of Emanuel Spikes Teague Tucker of Catoosa Underwood of Taylor Vaughn Ware Warren Watson Wells of Peach Wells of Camden White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 127, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
THURSDAY, MARCH 7, 1963
1281
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 248. By Mr. Rainey of Crisp:
A Bill to be entitled an Act to amend an Act empowering cities, towns, and counties to maintain recreation systems; and for other purposes.
The following amendments were read and adopted:
Mr. Groover of Bibb moves to amend HB 248 as follows:
By striking the words "School District" wherever the same appears.
Mr. Groover of Bibb moves to amend HB 248 as follows:
By adding at the end of section 1 the following:
Nothing in this Act shall permit the levying of a tax in excess of any limitation contained in a municipal charter or with reference to a county in excess of the authority now set out by the constitution and laws of this State.
Mr. Hale of Dade moves to amend HB 248 as follows:
By adding a new paragraph to be appropriately numbered to read as follows:
Section _______
Notwithstanding any other provision of this Act it shall not be mandatory that such municipality, or county establish, maintain, or conduct such recreation system.
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 Alien Andrews
Arnsdorff Ballard Barber
Baughman Black Blair
1282
JOURNAL OF THE HOUSE,
Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Deen of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Fowler of Douglas Funk Groover Hale Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Knight of Berrien Laite Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McGarity McKemie Meeks Melton Milford Milhollin Mixon Morgan of Newton Murphy Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson
Ponsell Poole Pope Poss Rainey Raulerson Reaves Roberts Roper Rowland Russell Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Tabb Teague Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Waldrop Walker Warren Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Woodward
Voting in the negative was Mr. Rhodes.
Those not voting were Messrs.:
Acree Anderson
Bagby Bedgood
Bell Blalock of Coweta Brackin Brooks of Oglethorpe
Brooks of Fulton Conger Conner Crummey
THURSDAY, MARCH 7, 1963
1283
Cullens Davis Dean of Polk DeVane Dicus Etheridge Fleming Flournoy Floyd Flynt Fowler of Treutlen Fulford Gibbons Greene Griffin Hall Hill Isenberg Jordan of Calhoun
Kirkland Knight of Laurens Lee of Clinch Logan Mackay McDonald Mitchell Moate Moore Morgan of Gwinnett Mullis Nessmith Newton of Colquitt Payton Phillips Pickard Richardson Rodgers Rutland
Sangster Simmons Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Story Stuckey Tucker of Catoosa Underwood of Taylor Vaughn Ware Wells of Camden White Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 135, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, and others:
A Bill to be entitled an Act to provide for a Sheriff's Retirement Fund of Georgia, to create a Board of Commissioners to administer such retirement fund; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Arnsdorff Bagby Barber Bell Black Blair
Blalock of Coweta Blalock of Clayton
Bowen of Randolph Brackin Branch Brantley Brown
Bynum Byrd Caldwell Carr Chance Chandler Cullens
1284
JOURNAL OF THE HOUSE,
Davis Dixon Duncan of Fannin Echols Floyd Fulford Greene Griffin Groover Hall Harrell Harrington Herndon Hill House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Killian King Kirkland Laite
Lambert Lee of Clinch Lee of Clayton Lewis Lokey Matthews of Colquitt McCracken McGarity Milhollin Newton of Jenkins Newton of Colquitt Overby Pafford Parker Partridge Perry of Marion Peterson Phillips Ponsell Poole Poss Raulerson Reaves Rowland Scarborough Sewell Shaw
Sinclair Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Ware Warren Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Williams of Hall
Those voting in the negative were Messrs.:
Abney Anderson Ballard Baughman Busbee Causby Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Dean of Polk Been of Bacon Duncan of Carroll Etheridge Fowler of Douglas Fowler of Treutlen Funk Gibbons Hale Henderson
H orton Johnson of Warren Jordan of Floyd Keadle Keyton Knight of Berrien Lane Lee of Dougherty Leonard Lindsey Lowrey McClelland McKemie Meeks Milford Mitchell Moate Moore Morgan of Gwinnett Morgan of Newton
Murphy Nessmith Odom Perry of Evans Pope Rhodes Richardson Roper Russell Shea Simpson Smith of Forsyth Snow Story Waldrop Walker Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Andrews
Bedgood Bolton
Bowen of Dawson Bowen of Toombs
THURSDAY, MARCH 7, 1963
1285
Brooks of Oglethorpe Brooks of Fulton Conger Conner Crummey DeVane Dicus
Dorminy Fleming Flournoy Flynt Harris Jones of Liberty Jones of Lumpkin
Kelly Knight of Laurens Logan Mackay Matthews of Clarke McDonald Melton
Mixon Mullis Paris Payton Pickard Rainey Roberts
Rodgers Rutland Sangster Shuman Simnions Singer Smith of Bmanuel
Stuckey Teague Tucker of Catoosa Watts Wells of Camden Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 99, nays 58.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Twitty of Mitchell 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 348.
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:
HR 175-494. By Messrs. Fleming, Hull and Bell of Richmond and others:
A Resolution relating to the creation of a dental college in conjunction with the Medical College of Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien
Arnsdorff Ballard
Bedgood Bell
1286
JOURNAL OF THE HOUSE,
Black Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Busbee Bynum Byrd Caldwell Chance Chandler Clarke of Monroe Deen of Bacon Dixon Dorminy Echols Fleming Flynt Funk Gibbons Griffin Harrington Herndon Horton House Hull Hurst Isenberg Johnson of Warren
Jones of Liberty Jones of Lumpkin Jones of Muscogee Kelly Keyton Killian King Laite Lambert Lane Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Colquitt McCracken McGarity McKemie Melton Milhollin Mixon Moate Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Parker Partridge
Perry of Marion Perry of Evans Phillips Pickard Poss Rhodes Roper Russell Sangster Scarborough Simpson Sinclair Smith of Habersham Smith of Whitfield Snow Steis Todd Towson Tucker of Burke Twitty Waldrop Walker Watson Watts Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Anderson Blair Blalock of Coweta Blalock of Clayton Bowen of Dawson Carr Causby Coker of Cherokee Coker of Turner Cullens Da vis Dean of Polk DeVane Duncan of Fannin Duncan of Carroll Etheridge Flournoy Fowler of Douglas Fowler of Treutlen Greene
Groover Hall Harrell Harris Henderson Houston Johnson of Elbert Jordan of Floyd Keadle Leonard Mackay McClelland Meeks Milford Mitchell Moore Morgan of Gwinnett Overby Pafford Peterson
Ponsell Poole Pope Rainey Raulerson Reaves Richardson Roberts Sewell Shea Simmons Smith of Forsyth Smith of Telfair Spikes Story Stuckey Underwood of
Montgomery Vaughn Wilson of Cobb
THURSDAY, MARCH 7, 1963
1287
Those not voting were Messrs.:
Acree Andrews Bagby Barber Baughman Brooks of Oglethorpe Brooks of Fulton Brown Clark of Catoosa Conger Conner Crummey Dicus Ployd Fulford Hale Hill
Jones of Worth Jordan of Calhoun Kirkland Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Logan Matthews of Clarke McDonald Mullis Paris Payton Rodgers Rowland Rutland Shaw
Shuman Singer Smith of Emanuel Stalnaker Tabb Teague Tucker of Catoosa Underwood of Taylor Ware Warren Wells of Peach Wells of Camden White Wilkes Mr. Speaker
On the adoption of the Resolution, the ayes were 97, nays 59.
The Resolution, having failed to receive the requisite constitutional majority, was lost.
Mr. Hull of Richmond gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 175-494.
HB 555. By Messrs. Andrews of Stephens, Bynum of Rabun and others:
A Bill to be entitled an Act to authorize special agents of the Revenue Department to bear arms and make arrests in the enforcement of the liquor 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.:
Alien Anderson Andrews
Arnsdorff Ballard Barber
Black Blair Blalock of Coweta
1288
JOURNAL OP THE HOUSE,
Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brown Busbee Bynum Byrd Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Dean of Polk Been of Bacon DeVane Dixon Duncan of Fannin Etheridge Fleming Flournoy Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Hale Harrell Harrington Harris Henderson Herndon Hill Horton
House Houston Hull Hurst Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey McCracken McGarity McKemie Milford Milhollin Mixon Moore Morgan of Gwinnett Newton of Jenkins Newton of Colquitt Odom Overby Pafford
Parker Partridge Perry of Marion Ponsell Poole Pope Eaulerson Reaves Rhodes Richardson Roberts Russell Sewell Shaw Shea Shuman Smith of Telfair Spikes Stalnaker Steis Story Stuckey Towson Twitty Underwood of Taylor Vaughn Walker Ware Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Abney Bagby Brantley Echols
Johnson of Warren Leonard Meeks Roper
Smith of Habersham Snow
Those not voting were Messrs.:
Acree Baughman Bedgood Bell Bowen of Randolph
Brackin Branch Brooks of Oglethorpe Brooks of Fulton Caldwell
Chandler Conger Conner Crummey Cullens
THURSDAY, MARCH 7, 1963
1289
Davis Dicus Dorminy Duncan of Carroll Floyd Flynt Fulford Groover Hall Isenberg Jones of Liberty Jordan of Clahoun Knight of Laurens Lambert Lee of Clinch Logan Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald
Melton Mitchell Moate Morgan of Newton Mullis Murphy Nessmith Paris Payton Perry of Evans Peterson Phillips Pickard Poss Rainey Rodgers Rowland Rutland Sangster Scarborough Simmons
Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Tabb Teague Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Waldrop Warren Wells of Camden White Wilkes Woodward Mr. Speaker
On the passage of the Bill, the ayes were 119, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
HB 530. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A Bill to be entitled an Act to amend an Act so as to provide for the appointment of two Deputy State Revenue Commissioners; and for other purposes.
The following amendment was read and adopted:
Mr. Blalock of Coweta moves to amend HB 530 by striking from the language quoted as Section 11 a in Section 1 of said Bill the words "exceed the salary of the Commissioner.", and inserting in lieu thereof the words "exceed $15,000.00 per annum."
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 roll call was ordered and the vote was as follows:
1290
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Arnsdorff Bagby Ballard Barber Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brackin Brown Busbee Bynum Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Been of Bacon DeVane Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Fowler of Douglas Funk Gibbons Greene Groover
Hale Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Keadle Killian King Kirkland Knight of Berrien Laite Lane Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt McGarity McKemie Meeks Mitchell Mixon Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins
Odom Overby Pafford Parker Partridge Perry of Marion Peterson Pickard Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Russell Scarborough Sewell Shaw Shea Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Towson Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Watson Watts Wells of Oconee Wilson of Brantley
Those not voting were Messrs.:
Acree Alien Baughman Bedgood Bell Bowen of Randolph Branch
Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Clark of Catoosa Conger Conner
Crummey Cullens Dicus Dorminy
Floyd Flynt Fowler of Treutlen
THURSDAY, MARCH 7, 1963
1291
Fulford Griffin Hall Hill Jones of Liberty Jones of Muscogee Jordan of Calhoun Kelly Keyton Knight of Laurens Lambert Lee of Clinch Lee of Clayton Leonard Logan Matthews of Clarke McClelland McCracken McDonald Melton Milford
Milhollin Morgan of Gwinnett Mullis Newton of Colquitt Paris Payton Perry of Evans Phillips Rainey Rodgers Roper Rowland Rutland Sangster Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel
Smith of Habersham Story Stuckey Tabb Teague Todd Tucker of Catoosa Underwood of
Montgomery Warren Wells of Peach Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis and others:
A Bill to be entitled an Act to amend the Code so as to change the compensation of the chairman and members of the Public Service Com mission; and for other purposes.
Mr. Odom of Dougherty moved that further consideration of HB 517 be postponed indefinitely.
On the motion to postpone indefinitely, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Andrews Ballard Barber Bowen of Dawson
Causby Coker of Cherokee Coker of Turner Davis Dean of Polk
DeVane Fleming Flournoy Fowler of Treutlen Gibbons
1292
JOURNAL OF THE HOUSE,
Harrington Harris Horton Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Muscogee Kelly King Lane Lee of Dougherty Leonard Matthews of Colquitt
McDonald Meeks Milford Milhollin Mitchell Moore Morgan of Newton Nessmith Odom Parker Partridge Peterson Ponsell Pope Poss
Eainey Eaulerson Rhodes Roberts Roper Shea Shuman Smith of Forsyth Smith of Telfair Smith of Habersham Underwood of Taylor Walker Williams of Coffee Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Abney Alien Bagby Bedgood Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brown Byrd Caldwell Carr Chance Clark of Catoosa Been of Bacon Duncan of Fannin Duncan of Carroll Echols Etheridge Fowler of Douglas Funk Greene
Groover Hale Harrell Herndon Hill House Hurst Jones of Worth Jones of Lumpkin Keadle Keyton Killian Kirkland Lambert Lee of Clayton Lewis Lindsey Lokey McClelland McCracken McGarity McKemie Moate Murphy Newton of Jenkins
Newton of Colquitt Overby Perry of Marion Pickard Poole Reaves Russell Sewell Shaw Simpson Smith of Whitfield Snow Spikes Stalnaker Steis Story Towson Twitty Waldrop Ware Watson Watts Wilkes Williams of Hall Wilson of Cobb
Those not voting were Messrs.:
Acree Arnsdorff Baughman Bell Blalock of Coweta Brackin Brantley
Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Chandler Clarke of Monroe Conger
Conner Crummey Cullens Dicus Dixon Dorminy Floyd
THURSDAY, MARCH 7, 1963
1293
Flynt Fulford Griffin Hall Henderson Jones of Liberty Jordan of Floyd Jordan of Calhoun Knight of Laurens Knight of Berrien Laite Lee of Clinch Logan Lowrey Mackay Matthews of Clarke Melton
Mixon Morgan of Gwinnett Mullis Pafford Paris Payton Perry of Evans Phillips Richardson Rodgers Rowland Rutland Sangster Scarborough Simmons Sinclair Singer
Smith of Emanuel Stuckey Tabb Teague Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Vaughn Warren Wells of Peach Wells of Camden White Mr. Speaker
On the motion to postpone indefinitely, the ayes were 60, nays 76.
The motion was lost.
Mr. Ware of Troup moved that further consideration of HB 517 be postponed until Monday, March 11, 1963.
On the motion to postpone, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney
Alien Anderson Bagby Ballard Bedgood Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Branch Brown Busbee Bynum Byrd Caldwell
Carr
Chance Clark of Catoosa Coker of Cherokee Coker of Turner Dean of Polk Deen of Bacon Duncan of Carroll Echols Floyd Fowler of Douglas Funk Greene Groover Harrell Harris Henderson
Herndon
Hill House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Keadle Killian King Kirkland Laite
1294
JOURNAL OF THE HOUSE,
Lambert Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Matthews of Clarke McClelland McCracken McDonald McGarity Mitchell Mixon Moore Newton of Jenkins Newton of Colquitt Odom Overby
Parker Perry of Marion Pickard Ponsell Poole Pope Poss Raulerson Reaves Richardson Roberts Scarborough Shaw Shea Shuman Simpson Smith of Whitfield Spikes
Steis Story Todd Towson Twitty Underwood of
Montgomery Vaughn Waldrop Ware Watson Wells of Oconee Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Andrews Barber Blair Bowen of Randolph Causby Duncan of Fannin Flournoy Gibbons Hale Harrington Horton Jones of Muscogee Kelly
Keyton Leonard Lowrey Matthews of Colquitt McKemie Meeks Milford Milhollin Moate Morgan of Newton Murphy Nessmith Partridge
Rainey Rhodes Roper Russell Sewell Smith of Telfair Smith of Habersham Snow Tucker of Burke Underwood of Taylor Walker Williams of Coffee Woodward
Those not voting were Messrs.:
Acree Arnsdorff Baughman Bell Black Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Chandler Clarke of Monroe Conger Conner Crummey Cullens Davis
DeVane Dicus Dixon Dorminy Etheridge Fleming Flynt Fowler of Treutlen Fulford Griffin Hall Jones of Liberty Jordan of Calhoun Knight of Laurens Knight of Berrien Lane
Lee of Clinch Logan Mackay Melton Morgan of Gwinnett Mullis Pafford Paris Payton Perry of Evans Peterson Phillips Rodgers Rowland Rutland Sangster
THURSDAY, MARCH 7, 1963
1295
Simmons Sinclair Singer Smith of Forsyth Smith of Habersham Stalnaker
Stuckey Tabb Teague Tucker of Catoosa Warren Watts
Wells of Peach Wells of Camden White Mr. Speaker
On the motion to postpone, the ayes were 102, nays 39.
The motion prevailed, and further consideration of HB 517 was postponed until Monday, March 11, 1963.
Mr. Hull of Richmond stated that he inadvertently voted "aye" on the motion to postpone indefinitely further consideration of HB 517, and would like to be recorded as having voted "nay" on the proposition.
HR 138-379. By Mr. Branch of Tift: A Resolution creating the State Leased Properties Study Committee; and for other purposes.
The following amendment was read and adopted:
Committee on Special Judiciary moves to amend HR 138 as follows: By adding before the next to the last sentence the following:
"The Committee shall be authorized to meet for a total of 20 days. However, upon request of the Governor and the approval of the Speaker of the House and the President of the Senate, such additional time as will allow the Committee to complete the purposes of this Resolution shall be authorized."
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.:
Alien Anderson Bagby
Barber Blair Blalock of Coweta
Bolton Bowen of Randolph Bowen of Dawson
1296
JOURNAL OP THE HOUSE,
Bowen of Toombs Branch Brantley Brown Busbee Byrd Caldwell Causby Chance Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon Duncan of Pannin Echols Fleming Plournoy Fowler of Treutlen Funk Greene Groover Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth
Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton King Kirkland Laite Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Odom Paris Partridge Perry of Marion Peterson
Pickard Ponsell Poole Pope Rainey Raulerson Reaves Richardson Roper Russell Sangster Scarborough Sewell Shaw Shea Smith of Telfair Spikes Steis Story Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Ware Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Abney Acree Andrews Arnsdorff Ballard Baughman Bedgood Bell Black Blalock of Clayton Brackin Brooks of Oglethorpe Brooks of Fulton
Bynum Carr Chandler Clark of Catoosa Conger Conner Crummey Cullens DeVane Dicus Dixon Dorminy Duncan of Carroll
Etheridge Floyd Flynt Fowler of Douglas Fulford Gibbons Griffin Hale Hall Jones of Liberty Jordan of Calhoun Kelly Killian
THURSDAY, MARCH 7, 1963
1297
Knight of Laurens Knight of Berrien Lee of Clinch Leonard Logan McClelland McGarity Melton Morgan of Newton Mullis Newton of Colquitt Overby Pafford Parker Payton Perry of Evans
Phillips Poss Rhodes Roberts Rodgers Rowland Rutland Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Stalnaker Stuckey Tabb Teague Todd Tucker of Catoosa Vaughn Walker Warren Wells of Camden White Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 518. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide that it shall be unlawful to dis play any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passcage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Anderson Arnsdorff Bagby Barber Black Blair Blalock of Coweta
Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brown
Busbee Byrd Caldwell Carr Causby Chance Chandler Coker of Cherokee
1298
JOURNAL OF THE HOUSE,
Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee
Jordan of Floyd Keadle Keyton King Kirkland Laite Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion Perry of Evans Peterson Ponsell
Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough Sewell Shaw Shuman Smith of Telfair Smith of Whitfield Spikes Stalnaker Steis Story Todd Towson Twitty Underwood of
Montgomery Waldrop Ware Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Abney Acree Andrews Ballard Baughman Bedgood Bell Brackin Brooks of Oglethorpe Brooks of Fulton Bynum Clark of Catoosa Clarke of Monroe
Conger Conner Crummey Dicus Duncan of Carroll Etheridge Floyd Fulford Griffin Hall Jordan of Calhoun Kelly Killian
Knight of Laurens Knight of Berrien Lee of Clinch Leonard Logan Lokey Matthews of Clarke Matthews of Colquitt McClelland McGarity Melton Morgan of Newton Mullis
Pafford Payton Phillips Pickard Rodgers Rowland Rutland Shea Simmons Simpson
THURSDAY, MARCH 7, 1963
1299
Sinclair Singer Smith of Porsyth Smith of Emanuel Smith of Habersham Snow Stuckey Tabb Teague Tucker of Catoosa
Tucker of Burke Underwood of Taylor Vaughn Walker Warren Wells of Camden
White Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 501. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend the Hospital Authority Law so as to extend the preiod for which a governing body of any city or county is authorized to enter into contracts with a hospital authority for the continued maintenance and use of their facilities; and for other purposes.
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.:
Alien Anderson Arnsdorff Bagby Ballard Barber Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Busbee
Byrd Caldwell Causby Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Echols
Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Groover Hale Harrell Harrington Harris Henderson Herndon Hill
1300
JOURNAL OF THE HOUSE,
Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Kirkland Laite Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke McCracken McDonald
McKemie Meeks Milford Mitchell Mixon Moate Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Odom Overby Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson
Roberts Roper Russell Sangster Scarborough Sewell Shuman Smith of Telfair Smith of Habersham Smith of Whitfield Stalnaker Steis Story Todd Towson Twitty Underwood of
Montgomery Waldrop Walker Watson Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs. :
Abney Acree Andrews Baughman Bedgood Bell Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Brown Bynum Carr Clarke of Monroe Conger Conner Crummey Dicus Dorminy Duncan of Carroll Etheridge Floyd Fulford
Greene Hall Johnson of Warren Jones of Liberty Jordan of Calhoun Killian King Knight of Laurens Knight of Berrien Lee of Clinch Leonard Logan Lokey Matthews of Colquitt McClelland McGarity Melton Milhollin Morgan of Newton Mullis Newton of Colquitt Pafford Payton
Perry of Evans Phillips Pickard Rodgers Rowland Rutland Shaw Shea Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Snow Spikes Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn
Ware Warren Watts
THURSDAY, MARCH 7, 1963
1301
Wells of Camden White Wilson of Brantley
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.
HB 419. By Messrs. House, Groover and Laite of Bibb:
A Bill to be entitled an Act to create the Middle Georgia Coliseum Authority; and for other purposes.
The following amendment was read and adopted:
Messrs. Groover and Laite of Bibb move to amend HB 419 as follows:
By striking the words "all administrators, guardians, executors, trustees, and other fiduciaries" from Section 9.
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.:
Alien
%
Anderson
Andrews
Arnsdorff
Barber
Bedgood
Blair
Blalock of Coweta
Bolton
Bowen of Randolph
Bowen of Dawson
Bowen of Toombs
Branch
Brantley
Brown
Busbee Bynum Byrd Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk DeVane Dixon
Duncan of Fannin Etheridge Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Groover Harrington Herndon Hill Horton
1302
JOURNAL OF THE HOUSE,
House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Ployd Keadle Kelly Keyton Killian King Kirkland Laite Lambert Lane Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke McCracken
McKemie Meeks Melton Milford Mixon Moate Morgan of Newton Nessmith Newton of Jenkins Odom Overby Paris Parker Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Roper Russell
Sangster Scarborough Sewell Shaw Shea Shuman Simpson Smith of Telfair Smith of Habersham Spikes Stalnaker Steis Story Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Watts Wells of Peach Wells of Oconee Wilkes Williams of Hall Wilson of Brantley
Those not voting were Messrs. :
Abney Acree Bagby Ballard Baughman Bell Black Blalock of Coweta Brackin Brooks of Oglethorpe Brooks of Fulton Caldwell Conger Conner Crummey Da vis Deen of Bacon Dicus Dorminy Duncan of Carroll Echols Flournoy Fulford
Griffin Hale Hall Harrell Harris Henderson Jones of Liberty Jordan of Calhoun Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Logan Lokey Matthews of Colquitt McClelland McDonald McGarity Milhollin Mitchell Moore Morgan of Gwinnett Mullis
Murphy Newton of Colquitt Pafford Payton Phillips Pickard Raulerson Rodgers Rowland Rutland Simmons Sinclair Singer Smith of Porsyth Smith of Emanuel Smith of Whitfield Snow Stuckey Tabb Teague Todd Towson Tucker of Catoosa
Vaughn Ware Warren Watson
THURSDAY, MARCH 7, 1963
1303
Wells of Camden White Williams of Coffee Wilson of Cobb
Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 446. By Messrs. Carr of Washington, Smith of Telfair and others:
A Bill to be entitled an Act to amend an Act relating to the Georgia Forestry Commission so as to provide for the improvement of real estate held under a deed containing a reversionary clause; and for other purposes.
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.:
Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Black Blair
Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Busbee Bynum Carr Causby
Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Deen of Bacon DeVane Dixon
Dorminy Duncan of Fannin Echols Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene
Groover Harrell Harrington Harris Henderson Herndon Hill Horton House Houston
Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton
1304
JOURNAL OF THE HOUSE,
Killian Kirkland Laite Lambert Lane Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McKemie Meeks Melton Milford Milhollin Mixon Moore Morgan of Newton Nessmith
Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Russell Sangster Scarborough Sewell Shaw
Shea Smith of Telfair Smith of Habersham Stalnaker Steis Story Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Waldrop Walker Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Abney Acree Baughman Bell Blalock of Clayton Brackin Brooks of Oglethorpe Brooks of Fulton Brown Byrd Caldwell Conger Conner Crummey Davis Dean of Polk Dicus Duncan of Carroll Etheridge Flournoy Fulford Griffin Hale
Hall Jones of Liberty Jones of Worth
Jordan of Calhoun King Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Leonard Logan McClelland McDonald McGarity Mitchell Moate Morgan of Gwinnett Mullis Murphy Pafford Payton Perry of Evans Phillips Pickard Raulerson Rodgers
Roper Rowland Rutland
Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Snow Spikes Stuckey Tabb Teague Tucker of Catoosa Underwood of Taylor Vaughn Ware Warren Watson Wells of Camden White Wilson of Cobb Woodward
Mr. Speaker
THURSDAY, MARCH 7, 1963
1305
On the passage of the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 513. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to authorize counties and cities to purchase blanket bonds covering 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Anderson Andrews Arnsdorff Bagby Barber Bedgood Black Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Busbee Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy
Duncan of Fannin Echols Etheridge Fleming Floyd Flynt Fowler of Douglas Fowler of Truetlen Funk Gibbons Greene Groover Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton
Killian Kirkland Laite Lane Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McCracken McKemie Meeks Milford Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion Peterson Ponsell Poole
1306
Pope Poss Raulerson Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough Sewell
JOURNAL OF THE HOUSE,
Shaw Shea Shuman Smith of Habersham Stalnaker Steis Story Todd Towson Tucker of Burke Twitty
Underwood of Montgomery
Waldrop Walker Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Abney Acree Ballard Baughman Bell Blalock of Coweta Blalock of Clayton Brackin Brooks of Oglethorpe Brooks of Fulton Brown Bynum Byrd Conger Conner Crummey Davis Dicus Duncan of Carroll Flournoy Fulford Griffin Hale Hall Hurst Jones of Liberty Jones of Worth
Jordan of Calhoun King Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Logan Mackay McClelland McDonald McGarity Melton Milhollin Mitchell Moate Morgan of Gwinnett Mullis Murphy Pafford Payton Perry of Evans Phillips Pickard Rainey Rodgers Rowland
Rutland Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Spikes Stuckey Tabb Teague Tucker of Catoosa Underwood of Taylor Vaughn Ware Warren Watson Wells of Camden White Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 73. By Messrs. Williams of Hall, Ware of Troup and others:
A Bill to be entitled an Act to amend an Act relating to ballots in primary elections so as to provide that ballots shall be prepared so that voters may check the person for whom they desire to vote; and for other purposes.
THURSDAY, MARCH 7, 1963
1307
The following amendment was read and adopted:
The House Judiciary Committee moves to amend HB 73, as follows:
By striking the words "check mark" as the same appear in the last paragraph of Section 1 and by inserting in lieu thereof the words "mark in a bracket"; so that said paragraph, as amended, shall read as follows:
"On the ballot shall be printed such words as will enable the voter to express his choice, such as "Vote for One", "Vote for Two", and the like. The ballot shall be so prepared that the voter must place a mark in a bracket by the name of the person for whom he desires to vote rather than marking out the name of the person or persons for whom he does not desire to vote."
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.:
Alien Andrews Arnsdorff Bagby Barber Bedgood Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Toombs Branch Busbee Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Dean of Polk Deen of Bacon Dixon Duncan of Fannin
Echols Fleming Floyd Flynt Fowler of Douglas Funk Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Keadle
Keyton Killian Kirkland Laite Lane Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McCracken McKemie Melton Milhollin Mitchell Moore Morgan of Newton Newton of Colquitt Odom Overby Partridge Perry of Marion Peterson Ponsell
1308
Poole Pope Poss Raulerson Reaves Rhodes Richardson Roper Russell Sewell
JOURNAL OF THE HOUSE,
Shaw Shea Shuman Smith of Habersham Spikes Stalnaker Steis Story Towson Tucker of Burke
Twitty Waldrop Walker Watts Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Anderson Bowen of Dawson
Causby Fowler of Treutlen Leonard
Meeks Mixon Murphy Nessmith Newton of Jenkins
Scarborough Todd Underwood of
Montgomery
Those not voting were Messrs.:
Abney Acree Ballard Baughman Bell Ballock of Clayton Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Bynuni Caldwell Conger Conner Crummey Cullens Da vis DeVane Dicus Dorminy Duncan of Carroll Etheridge Flournoy Fulford Griffin Hall Hurst
Jones of Liberty Jones of Worth Jordan of Floyd Jordan of Calhoun Kelly King Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Logan Mackay McClelland McDonald McGarity Milford Moate Morgan of Gwinnett Mullis Pafford Paris Payton Perry of Evans Phillips Pickard Rainey Roberts
Rodgers Rowland Rutland Sangster Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Stuckey Tabb Teague Tucker of Catoosa Underwood of Taylor Vaughn Ware Warren Watson Wells of Peach Wells of Camden White Wilson of Cobb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 108, nays 13.
THURSDAY, MARCH 7, 1963
1309
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 410. By Mr. Plournoy of Cobb:
A Bill to be entitled an Act to establish an effective date for the Federal Census as used in the statutory law 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.:
Alien Anderson Andrews Arnsdorff Bagby Barber Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Busbee Byrd Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Echols Fleming Flournoy Flynt
Fowler of Douglas Fowler of Treutlen Funk Greene Groover Harrington Harris Henderson Herndon Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton Killian Kirkland Laite Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McCracken
McKemie Meeks Melton Milford Mitchell Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Raulerson Reaves Richardson Roberts Roper Russell Sangster Scarborough Sewell Shaw Shea
1310
JOURNAL OP THE HOUSE,
Shuman Smith of Habersham Spikes Stalnaker Steis Story
Todd Tucker of Burke Twitty Underwood of
Montgomery Walker
Watts Wells of Camden Wilkes Williams of Coffee Williams of Hall
Those not voting were Messrs. :
Abney Acree Ballard Baughman Bedgood Bell Black Blalock of Clayton Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Pulton Brown Bynum Caldwell Conger Conner Crummey Davis Dicus Dorminy Duncan of Carroll Etheridge Ployd Pulford Gibbons Griffin Hale Hall Harrell
Hill Hurst Jones of Liberty Jones of Worth Jordan of Calhoun Kelly King Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Logan Matthews of Colquitt McClelland McDonald McGarity Milhollin Moate Morgan of Gwinnett Mullis Murphy Pafford Payton Perry of Evans Phillips Pickard Rainey Rhodes
Rodgers Rowland Rutland Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Stuckey Tabb Teague Towson Tucker of Catoosa Underwood of Taylor Vaughn Waldrop Ware Warren Watson Wells of Peach Wells of Camden White Wilson of Brantley Wilson of Cobb 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 485. By Messrs. Towson of Laurens and Duncan of Carroll:
A Bill to be entitled an Act to provide for the retention of certain benefits received from the State Department of Public Welfare by certain individuals; and for other purposes.
THURSDAY, MARCH 7, 1963
1311
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.:
Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brown Busbee Bynum Byrd Carr Causby Chance Chandler Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Funk Greene
Groover Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Jones of Worth Jones of Lumpkin Jones of Muscogee Keadle Kelly Keyton Killian King Kirkland Laite Lambert Lane Lee of Dougherty Leonard Lewis Lowrey Mackay Matthews of Colquitt McCracken McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Newton Murphy Nessmith
Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough Sewell Shaw Shea Shuman Smith of Telfair Smith of Habersham Spikes Stalnaker Steis Story Todd Towson Twitty Underwood of
Montgomery Walker Watts Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
1312
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Abney Acree Baughman Bedgood Blalock of Clayton Brackin Brooks of Oglethorpe Brooks of Fulton Caldwell Clark of Catoosa Clarke of Monroe Conger Conner Crummey Da vis Dicus Duncan of Carroll Flynt Fulford Gibbons Griffin Hale Hall Johnson of Elbert Johnson of Warren Jones of Liberty
Jordan of Floyd Jordan of Calhoun Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Lindsey Logan Lokey Matthews of Clarke McClelland McDonald McGarity Moate Morgan of Gwinnett Mullis Overby Pafford Payton Perry of Evans Phillips Pickard Rainey Rodgers Rowland Rutland
Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Snow Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Waldrop Ware Warren Watson Wells of Peach Wells of Camden White Wilson of Cobb 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.
HB 424. By Messrs. Bowen of Toombs, Fowler of Treutlen and others: A Bill to be entitled an Act to amend an Act providing for the registra tion of trademarks so as to provide for the registration of service marks; and for other purposes.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 424 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 14 to read as follows:
THURSDAY, MARCH 7, 1963
1313
"Section 14. This Act shall become effective July 1, 1963."
By renumbering present Section 14 as Section 15.
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:
Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brown Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Cullens Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons
Greene Groover Harrell Harrington Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Laite Lambert Lane Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McKemie Meeks Milford Milhollin Mitchell
Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Russell Scarborough Sewell Shaw Shea Simmons Simpson Spikes Stalnaker Steis Tucker of Burke Walker Watts Wells of Oconee Wilkes Williams of Coffee Wilson of Cobb
1314
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Abney Acree Baughman Bell Blalock of Clayton Brackin Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Clark of Catoosa Coker of Turner Conger Conner Crummey Davis Dicus Dorminy Duncan of Carroll Echols Fulford Griffin Hale Hall Harris Hurst Jones of Liberty Jordan of Calhoun Knight of Laurens
Knight of Berrien Lee of Clinch Lee of Clayton Leonard Logan Lokey McClelland McGarity Melton Moate Morgan of Gwinnett Mullis Pafford Payton Perry of Evans Phillips Pickard Rainey Roberts Rodgers Roper Rowland Rutland Sangster Shuman Sinclair Singer Smith of Forsyth Smith of Telfair
Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Warren Watson Wells of Peach Wells of Camden White Williams of Hall Wilson of Cobb Woodward Mr. Speaker
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 167-477. By Messrs. Odom and Lee of Dougherty:
A Resolution to amend a Resolution so as to change the amount of traveling expenses allowed the Judges of the Superior Courts of this State; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
THURSDAY, MARCH 7, 1963
1315
Those voting in the affirmative were Messrs.:
Alien Andrews Arnsdorff Bagby Barber Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Branch Brown Busbee Byrd Caldwell Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon Duncan of Fannin Etheridge Fleming Flournoy Flynt Fowler of Douglas Funk Gibbons
Greene Groover Hale Harrell Harrington Henderson Herndon Horton House Houston Hull Isenberg Jones of Worth Jones of Lumpkin Jones of Muscogee Keadle Kelly Keyton Killian King Kirkland
Laite Lambert Lane Lee of Dougherty Lewis Lowrey Mackay Matthews of Clarke McCracken McDonald McKemie Moate Murphy
Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Roper Russell Scarborough Sewell Shaw Shea Simmons Spikes Steis Story Todd Watts Wells of Peach Wells of Oconee Wilkes Williams of Hall
Those voting in the negative were Messrs.:
Anderson Bowen of Randolph Bynum Dixon Dorminy Fowler of Treutlen
Hill Johnson of Warren Jordan of Floyd Leonard Lindsey Meeks
Milhollin Morgan of Newton Peterson Stalnaker Williams of Coffee Wilson of Brantley
Those not voting were Messrs.:
Abney Acree Ballard Baughman Blalock of Clayton Bowen of Toombs
Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Causby Clark of Catoosa
Conger Conner Crummey Davis DeVane Dicus
1316
JOURNAL OF THE HOUSE,
Duncan of Carroll Echols Floyd Fulford Griffin Hall Harris Hurst Johnson of Elbert Jones of Liberty Jordan of Calhoun Knight of Laurens Knight of Berrien Lee of Clinch Lee of Clayton Logan Lokey Matthews of Colquitt McClelland McGarity Melton Milford Mitchell Mixon
Moore Morgan of Gwinnett Mullis Nessmith Pafford Payton Perry of Evans Phillips Pickard Ponsell Rainey Rodgers Rowland Rutland Sangster Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Stuckey Tabb Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Wells of Camden White Wilson of Cobb Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 100, nays 18.
The Resolution, having failed to receive the requisite constitutional majority, was lost.
Mr. Odom of Dougherty gave notice that at the propert time he would move that the House reconsider its action in failing to adopt HR 167-477.
SB 98. By Senator Fuqua of the 22nd:
A Bill to be entitled an Act to amend Code Title 109A, known as the Uniform Commercial Code" so as to define a public sale; and for other purposes.
Mr. Bolton of Spalding moved that further consideration of SB 98 be post poned until March 8, 1963 and the motion prevailed.
Further consideration of SB 98 was postponed until March 8, 1963.
Mr. Isenberg of Glynn moved that the House do now adjourn until tomorrow morning at 9:30 o'clock, and the motion prevailed.
The Speaker Pro-Tern, announced the House adjourned until 9:30 o'clock tomorrow morning.
FRIDAY, MARCH 8, 1963
1317
Representative Hall, Atlanta, Georgia Friday, March 8, 1963
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 offered by Dr. Grover Tanner, Jr., Pastor of the First Baptist Church, Bremen, Georgia.
The roll call was ordered and the following members answered to their names:
Abney Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon
Dorminy Duncan of Fannin Duncan of Carroll Echols Fleming Flournoy Floyd Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Berrien
Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Perry of Marion Peterson Phillips Ponsell
1318
Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Sangster Scarborough Sewell Shaw Shea Shuman
JOURNAL OP THE HOUSE,
Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Twitty Underwood of
Montgomery
Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Mr. Clarke of Monroe, 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.
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, March 8, 1963, and submits the following:
HR 39- 77. Compensate W. L. West
HB
87. Highway Director, negotiate contracts
FRIDAY, MARCH 8, 1963
1319
HR 46-107. Compensate Edsel Scarboro HR 49-107. Compensate Mrs. Richard Bell HB 135. Motion for new trial, amend HB 144. Use of voting machines HB 162. Health Code (postponed 3/7/63) HB 163. State institutions, cost of care HR 95-188. Compensate Luther Callihan HB 202. Georgia Recreation Commission HB 247. Insured against third party HR 110-267. Compensate Mrs. Elizabeth North HR 120-307. Surrender of sovereignty by States HR 122-316. Compensate J. 0. Justus HB 320. Motor Fuel Tax Law, amend HB 340. Area Redevelopment Finance Administrator HB 428. Trespassers, rights of contribution HR 159-429. Easement for pipeline, Floyd & Barrow Counties HB 431. Sales & Use Tax Act, amend HB 435. Fertilizer Act, amend HB 444. Create new Judicial Circuit HR 163-445. Scholarships for dental students HB 452. Make public name of child, change age limit HR 166-470. Designate Alva Hopkins bridge HB 477. Prohibit taking of certain birds HR 169-478. Compensate Claubus Adams HR 173-484. Compensate J. T. Bailey HB 487. Relating to entering and stealing HB 488. Time shad may be taken HB 492. Amend Adoption laws HR 177-499. Georgia Mental Health Center, name HB 509. Probation Act, amend HB 525. Senatorial Districts, change HB 527. School laws, 12th grade HB 535. Relating to debt due by garnishee HR 184-535. Assess license fees, county authorities
1320
JOURNAL OF THE HOUSE,
HR 186-535. Compensate Robert Norquist HR 187-542. Transfer property, Floyd County HB 563. Criminal trials, jury
HR 190-565. Compensate Bowles & Tillinghast, for services
HB 602. Consolidating schools, county board, certain authority
SB
7. School Superintendents, qualifications (postponed)
SB
14. Inspection of motor vehicles
SR
24. Election Laws Study Committee, create
SB
39. Safety belts, automobiles
SB
82. Citrus fruit, grades, standards (postponed 3/7/63)
SB
98. Uniform Commercial Code, define public sale (postponed
3/8/63)
SB 107. Publication, divorce action
HB 497. Law Enforcement officers, compensation
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham,
Secretary
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referrred to the Committees:
HB 632. By Mr. Brantley of Candler:
A Bill to be entitled an Act to amend an Act providing that the author ities of any municipal corporation shall not levy or collect any tax or license from a traveling salesman engaged in taking orders for the sale of goods where no delivery of goods is made at the time of taking such orders; and for other purposes.
Referred to the Committee on State of Republic.
HR 216-632. By Messrs. Matthews and Newton of Colquitt:
A Resolution compensating Mr. George Rufus Hanna; and for other purposes.
Referred to the Committee on Appropriations.
FRIDAY, MARCH 8, 1963
1321
HB 633. By Messrs. Shea, Richardson and Funk of Chatham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Pooler; and for other purposes.
Referred to the Committee on Local Affairs.
HB 634. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Henry County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 635. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act to consolidate, amend and codify the various Act incorporating the Town of McDonough, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Local Affairs.
HR 218-635. By Mr. Wilson of Brantley:
A Resolution to compensate Mr. Garbriel Strickland; and for other purposes.
Referred to the Committee on Appropriations.
HB 636. By Messrs. Towson of Laurens and Spikes of Troup:
A Bill to be entitled an Act to amend an Act relating to the imposition, rate of computation and exemptions from income taxation, so as to clarify the taxation of distributions from a trust exempted from tax ation by Code Section 92-3105; and for other purposes.
Referred to the Committee on Ways and Means.
HB 637. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to include pulpwood in the exclusion from load length requirements; and for other purposes.
Referred to the Committee on Motor Vehicles:
HB 638. By Messrs. Floyd of Chattooga, Bedgood of Clarke, Richardson, and Shea of Chatham, Groover of Bibb, Horton of Putnam and others: A Bill to be entitled an Act to amend an Act relating to the reports
1322
JOURNAL OP THE HOUSE,
of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.
HB 639. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of McDonough, now the City of McDonough; and for other purposes.
Referred to the Committee on Local Affairs.
HB 640. By Messrs. Rutland, Harris and Mackay from DeKalb:
A Bill to be entitled an Act to amend an Act providing for the purposes for which County taxes may be levied and collected so as to add to such purposes slum clearance and redevelopment work, including the acqui sition and clearance of areas which are predominantly slum or blighted areas and the preparation of such areas for reuse and sale; and for other purposes.
Referred to the Committee on Local Affairs.
HB 641. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to create a Georgia State Board of Denturistry; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 642. By Mr. Smith of Forsyth:
A Bill to be entitled an Act to create a one member Commissioner of Roads and Revenues for Forsyth County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 643. By Mr. Smith of Habersham:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Habersham County, so as to change the compensation of the Board of Commissioners; and for other purposes.
Referred to the Committee on Local Affairs.
HB 644. By Mr. Smith of Habersham:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector into the Office of Tax Commission, so as to change the compensation of the Clerk; and for other purposes.
Referred to the Committee on Local Affairs.
FRIDAY, MARCH 8, 1963
1323
HB 645. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend an Act providing a penalty con tributing to conditions which render certain children delinquent, so as to require that any person contributing to delinquency shall be guilty of a misdemeanor; and for other purposes.
Referred to the Committee on Judiciary.
HB 646. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and for other purposes.
Referred to the Committee on Local Affairs.
HB 647. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County, so as to authorize the Board to construct roads; and for other purposes.
Referred to the Committee on Local Affairs.
HB 648. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to author ize the Board to construct sanitary sewers within any unincorporated areas of the county under certain conditions; and for other purposes.
Referred to the Committee on Local Affairs.
HB 649. By Messrs. Fleming, Hull and Bell 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 for the City Council of Augusta; and for other purposes.
Referred to the Committee on Local Affairs.
HB 650. By Messrs. Hale of Dade, Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act regulating professional fund raising; and for other purposes.
Referred to the Committee on State of Republic.
HR 219-650. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Resolution to create for the Citizens of DeKalb County a Commission to study the administration of justice; and for other purposes.
Referred to the Committee on Local Affairs.
1324
JOURNAL OP THE HOUSE,
HB 651. By Messrs. Bagby of Paulding and Cullens of Bartow:
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, shall be deemed to impart certain implied warranties to ultimate consumer; and for other purposes.
Referred to the Committee on Judiciary.
HB 652. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Dooly, so as to change the salary of the Tax Commissioner; and for other purposes.
Referred to the Committee on Local Affairs.
HB 653. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, relating to the Commissioners salary; and for other purposes.
Referred to the Committee on Local Affairs.
HB 654. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce; and for other purposes.
Referred to the Committee on Local Affairs.
HB 655. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Hoschton, so as to remove certain property from the corporate limits of said City; and for other purposes.
Referred to the Committee on Local Affairs.
HB 656. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Jackson, relating to the distribution of U.S. Department of Agriculture surplus commodities; and for other purposes.
Referred to the Committee on Local Affairs.
HB 657. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to authorize the leasing of State Parks and related facilities to public authorities; and for other purposes.
Referred to the Committee on State Institutions and Property.
FRIDAY, MARCH 8, 1963
1325
HB 658. By Mr. Flournoy of Cobb:
A Bill to be entitled an Act to create a Court to be known as the "Civil Court of Cobb County"; to define its jurisdiction and powers; to abolish the Justice Court for the 898th District, to abolish the office of Justice of the Peace and Notary Public, Ex Officio Justice of the Peace and the office of Constable; and for other purposes.
Referred to the Committee on Local Affairs.
HB 659. By Messrs. Teague and Flournoy of Cobb:
A Bill to be entitled an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.
Mr. Flournoy of Cobb asked unanimous consent that the rules be suspended in order that the following Bills of the House can be given a first reading due to urgency of same:
HB 658. By Mr. Flournoy of Cobb:
A Bill to be entitled an Act to create a Court to be known as the "Civil Court of Cobb County", to define its jurisdiction and powers; to abolish the Justice Court for the 898th District, to abolish the office of Justice of the Peace and Notary Public, Ex Officio Justice of the Peace and the office of Constable; and for other purposes.
HB 659. By Messrs. Teague and Flournoy of Cobb:
A Bill to be entitled an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 604. By Mr. Singer of Stewart:
A Bill to be entitled an Act to consolidate all of the laws chartering the Town of Omaha in the County of Stewart; and for other purposes.
HB 605. By Mr. Knight of Berrien:
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia so as to require that where an adopted child is not specifically mentioned in an instrument of testamentary gift, said child shall be excluded therefrom; and for other purposes.
1326
JOURNAL OF THE HOUSE,
HB 606. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act in corporating the City of LaPayette in the County of Walker, so as to provide for the power of eminent domain; and for other purposes.
HB 607. By Messrs. Williams and Overby of Hall:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues in Hall County; and for other purposes.
HB 608. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating the Clayton County Water Authority, so as to change the composition of the mem bership of the Authority; and for other purposes.
HR 205-608. By Mr. Houston of Pierce:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Pierce County; and for other purposes.
HB 609. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act providing for the com pensation of the county Treasurer in counties having a population of not less than 17,600 and not more than 17,700; and for other purposes.
HB 610. By Messrs. Williams and Overby of Hall, Ware of Troup, Morgan of Gwinnett, Lambert of Morgan, Paris of Barrow and Kelly of Jasper:
A Bill to be entitled an Act to create in each county and municipal corporation of the State a body corporate and politic to be known as the Library Authority of the county or municipal corporation; and for other purposes.
HB 611. By Messrs. Killian and Isenberg of Glynn:
A Bill to be entitled an Act to create a Court to be known as the "Magistrate's Court of Glynn County," and for other purposes.
HB 612. By Messrs. Odom of Dougherty and Wilkes of Cook:
A Bill to be entitled an Act to amend an Act which superseded and revised the laws relating to the Game and Fish Commission; so as to provide for the purchase of aircraft by the Game and Fish Commission; and for other purposes.
FRIDAY, MARCH 8, 1963
1327
HB 613. By Messrs. Bolton of Spalding, Killian of Glynn, Fulford of Terrell, Ware of Troup, Wilkes of Cook, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission, so as to provide for the trapping of rabbits; and for other purposes.
HB 614. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be enttiled an Act to create the Albany High School Stadium Authority and to authorize such Authority to acquire, construct, equip, an athletic stadium and the usual facilities related thereto; and for other purposes.
HB 615. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to authorize the City of Albany and the County of Dougherty to jointly acquire, either by donation, purchase or eminent domain, such lands and buildings as the City of Albany and the County of Dougherty may from time to time determine is necessary for the joint use of the City of Albany and the County of Dougherty; and for other purposes.
HB 616. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act providing for the merger of the thenexisting independent school system of the City of Albany and the thenexisting school district of the County of Dougherty lying outside the corporate limits of said city; and for other purposes.
HB 617. By Messrs. Busbee, Odom and Lee of Dougherty: A Bill to be entitled an Act to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Education of Dougherty County; and for other purposes.
HB 618. By Mr. Busbee of Dougherty: A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany by providing that upon the petition of the owners of 75% of the property adjacent to any alley within the fire zone, the draining may be done and costs assessed against the owners of adjacent lands; and for other purposes.
HB 619. By Messrs. Busbee, Odom and Lee of Dougherty: A Bill to be entitled an Act to provide for official bonds of the Marshal or Chief and other personnel of the City of Albany Police Department; and for other purposes.
1328
JOURNAL OF THE HOUSE,
HB 620. By Messrs. Odom, Lee and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, relating to wards; and for other purposes.
HB 621. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to amend an Act creating the new charter for the City of Albany, so as to change the corporate limits; and for other purposes.
HB 622. By Messrs. Laite of Bibb, Towson of Laurens, Meeks of Union, Groover of Bibb, Chandler of Baldwin, Raulerson of Echols and others:
A Bill to be entitled an Act to regulate the sale of firearms of less than fifteen inches in length by any person, so as to provide who shall be required to purchase a license; and for other purposes.
HB 623. By Messrs. Bowen of Toombs, Fowler of Treutlen, Simpson of Wheeler, Perry of Evans, Nessmith and Lane of Bulloch and Newton of Colquitt:
A Bill to be entitled an Act to amend an Act entitled the "Georgia Securities Act", so as to exempt the regulation of sales of certificates of interest in any exploratory oil or gas well enterprise; and for other purposes.
HB 624. By Messrs McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act abolishing all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, to create the position of Judge Emeritus of the Civil Court of Fulton County; and for other purposes.
HB 625. By Mr. Singer of Stewart:
A Bill to be entitled an Act to authorize counties having a population between 7,367 and 7,377 to elect county officials and the member of the House of Representatives to the General Assembly by a majority of the popular votes in the county; and for other purposes.
HB 626. By Messrs. Story and Morgan of Gwinnett and House of Bibb:
A Bill to be entitled an Act to amend an Act entitled The Georgia Retailers' and Consumers' Sales and Use Tax, so as to provide for brackets of prices for the collection of the tax imposed when fractional parts of dollars are taxed; and for other purposes.
FRIDAY, MARCH 8, 1963
1329
HB 627. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend Title 92 ("Public Revenue") Divi sion I, Part IX, Chapters 92-31 and 92-33 of the 1933 Code of Georgia, so as as clarify Code Section 92-3303 (f) extending the time within which additional tax may be assessed; and for other purposes.
HB 628. By Messrs. Knight of Berrien, Wilkes of Cook, Henderson of Atkinson and Lee of Clinch:
A Bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Alapaha Judicial Circuit, so as to provide for the payment of expenses to the Solicitor-General; and for other purposes.
HB 629. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of Brantley County, so as to change the compen sation of the Commissioners; and for other purposes.
HR 215-629. By Mr. Causby of Gordon:
A Resolution authorizing the conveyance of two lots belonging to the State of Georgia to Gordon County; and for other purposes.
HB 630. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide a method of detaching territory from the corporate limits of a municipality when a parcel or tract of land is under a single ownership and lies partially within the limits of a municipality and partially within an unincorporated area contiguous thereto, upon the written request of the proprty owner in the affected area; and for other purposes.
HB 631. By Mr. Deen of Bacon:
A Bill to be entitled an Act creating a new charter for the City of Alma; to extend corporate limits; and for other purposes.
SB 55. By Senator Puqua of the 22nd:
A Bill to be entitled an Act to amend an Act regulating advertising, as amended, so as to provide that no person, firm, corporation, or asso ciation may place deceptive advertising before the public; and for other purposes.
SB 108. By Senator Fuqua of the 22nd:
A Bill to be entitled an Act to amend an Act concerning the definition of "trustee" in Public Law No. 256 of Ga, Laws 1949, so as to amend Section II (d) of said Act with respect to designation of trust companies; and for other purposes.
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JOURNAL OP THE HOUSE,
SB 31. By Senator Downing of the 1st:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia, relating to Workman's Compensation, as amended, so as to provide a time limitation for investigating and entering into agreements to pay compensation; and for other purposes.
Mr. Mackay of DeKalb 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 and Resolutions of the Senate and House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 86-157. Do Pass.
HR 87-157. Do Pass.
HR 88-157. Do Pass.
SB
70. Do Pass.
Respectfully submitted, Mackay of DeKalb, Chairman.
Mr. Melton of Spalding County, Chairman of the Committee on Education, submitted 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 486. Do Pass.
HB 100. Do Pass, by Substitute.
Respectfully submitted, Melton of Spalding, 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
FRIDAY, MARCH 8, 1963
1331
of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 464. Do Pass. HB 581. Do Pass. HB 630. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Hall of Dade County, Chairman of the Committee on Local Affairs, sub mitted 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 520. Do Pass, as Amended. HB 566. Do Pass. HB 571. Do Pass. HB 574. Do Pass. HB 575. Do Pass. HB 579. Do Pass. HB 580. Do Pass. HB 582. Do Pass. HB 583. Do Pass. HB 584. Do Pass. HB 585. Do Pass. HB 586. Do Pass. HB 587. Do Pass. HB 588. Do Pass. HB 591. Do Pass. HB 592. Do Pass. HB 593. Do Pass. HB 598. Do Pass. SR 41. Do Pass.
SB 112. Do Pass.
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JOURNAL OF THE HOUSE,
HB 396. Do Pass, as Amended. HB 470. Do Pass, as Amended.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Williams of Hall 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 270. Do Pass.
HB 271. Do Pass.
HB 272. Do Pass.
Respectfully submitted,
Williams of Hall, Chairman.
Mr. Williams of Hall 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 91. Do Pass.
SB 93. Do Pass.
SB 90. Do Pass.
SB 23. Do Pass.
HB 392. Do Pass, as Amended.
Respectfully submitted, Williams of Hall,
Chairman.
FRIDAY, MARCH 8, 1963
1333
Mr. Dorminy of Ben Hill 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 613. Do Pass, as Amended.
HB 397. Do Pass, by Substitute. HB 511. Do Pass. HB 512. Do Pass.
Respectfully submitted, Dorminy of Ben Hill, Chairman.
Mr. Bolton of Spalding County, Vice-Chairman of the Committee on Rules submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 628. Do Pass. SB 121. Do Pass.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
Mr. Branch of Tift 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 191-575. Do Pass. Respectfully submitted, Branch of Tift, Chairman.
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JOURNAL OF THE HOUSE,
Mr. Ware of Troup 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 418. Do Pass.
HB 443. Do Pass, by Substitute as Amended.
HB 548. Do Pass.
HB 638. Do Pass.
HB 650. Do Pass.
Respectfully submitted, Smith of Whitfield, 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 of the follow ing Bills and Resolutions of the House to wit:
HB 476. By Mr. Etheridge of Fulton: A Bill to amend an Act abolishing the fee syetem in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral; and for other purposes.
HB 480. By Messrs. Matthews and Newton of Colquitt: A Bill to amend an Act creating and incorporating the Town of River side, so as to provide for the power and authority of Mayor and Alder men in connection with public parks, streets, alleys, etc.; and for other purposes.
HB 482. By Mr. Perry of Evans: A Bill to amend an Act entitled "An Act to incorporate the City of Hagan, in the County of Evans," and for other purposes.
HB 483. By Mr. Lindsey of Wilkes: A Bill to place the Sheriff and other officers of Wilkes County on an annual salary in lieu of the fee system; and for other purposes.
FRIDAY, MARCH 8, 1963
1335
HB 484. By Mr. Lindsey of Wilkes:
A Bill to amend an Act abolishing the offices of the Tax Collector and the Tax Receiver of Wilkes County and creating in lieu thereof the office of Tax Commissioner; and for other purposes.
HR 34-68. By Messrs. Fleming, Bell and Hull of Richmond:
A Resolution providing for and authorizing the conveyance of certain State Property located in Richmond County; and for other purposes.
HR 134-346. By Messrs. McClelland and Etheridge of Fulton:
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.
HR 212. By Messrs. Gibbons and Walker of Lowndes:
A Resolution commemorating the 50th Anniversary of Valdosta State College; and for other purposes.
HR 214. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A Resolution expressing regrets at the passing of Hon. Robert F. Pennington; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to wit:
HB 215. By Mr. Logan of Gilmer:
A Bill to amend an Act creating the office of County Commissioner and an Advisory Board of Gilmer County, so as to provide for an annual audit of the office of County Commissioner; and for other purposes.
HB 455. By Messrs. Blair and Sewell of Sumter:
A Bill to provide that the Coroner of Sumter County shall be compen sated on a fee basis supplemented by a salary; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 137. By Senator Scott of the 23rd:
A Bill to amend Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, so as to provide that aliens may be committed; and for other purposes.
1336
JOURNAL OP THE HOUSE,
SB 138. By Senator Scott of the 23rd:
A Bill to amend an Act providing for observation of mentally ill persons and their hospitalization, approved March 17, 1960 (Ga. Laws 1960, p. 837), to provide that psychiatric hospitals owned by the State shall receive aliens; and for other purposes.
SB 139. By Senator Scott of the 23rd: A Bill to amend Code Chapter 35-2 relating to the administration of the Milledgeville State Hospital in Baldwin County, Georgia; and for other purposes.
SB 120. By Senator Carlton of the 21st: A Bill to amend an Act incorporating the City of Swainsboro, approved Dec. 6, 1900 (Ga. Laws 1900, p. 427), as amended, so as to increase the corporate limits of said city; and for other purposes.
SB 126. By Senator Yancey of the 33rd: A Bill to amend an Act to create the Cobb County-Marietta Water Authority; to authorize acquisition; construction, operation, etc.; to repeal conflicting laws; and for other purposes.
SB 129. By Senator Owens of the 49th: A Bill to create a City Court in certain Counties in this State; to pro vide the place and times of holding said Court; to define its jurisdiction; and for other purposes.
SB 134. By Senators Johnson of the 38th, Brown of the 34th and others:
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.
SB 135. By Senators Brown of the 34th, Brewer of the 39th and others:
A Bill to provide in all counties of 500,000 or more population according to the U. S. Census of 1960 or any future U. S. Census; and for other purposes.
SB 136. By Senators Brown of the 34th, Brewer of the 39th and others:
A Bill applying to counties having a population of 500,000 or more by the U. S. Census of 1960 or any future U. S. Census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen; and for other purposes.
FRIDAY, MARCH 8, 1963
1337
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 35. By Messrs. Brooks, Etheridge and McClelland of Pulton:
A Bill 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 and relating to the State Board of Education; and for other purposes.
HB 171. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill relating to the City Court of Savannah, so as to authorize and empower the Judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial; and for other purposes.
HB 174. By Mr. Simmons of Banks:
A Bill to amend an Act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other purposes.
HB 228. By Mr. Jones of Worth: A Bill to establish a small Claims Court in counties having a population of not less than 15,900 and not more than 16,700; and for other purposes.
HB 241. By Mr. McCracken of Jefferson:
A Bill to amend an Act establishing a new charter for the City of Louisville, so as to expand and to define the corporate limits of the City of Louisville; and for other purposes.
HB 242. By Mr. McCracken of Jefferson:
A Bill to amend an Act to incorporate the Town of Avera; and for other purposes.
HB 294. By Messrs. Bell, Fleming and Hull of Richmond:
A Bill providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission and a county board of zoning appeals; and for other purposes.
HB 328. By Messrs. Gibbons and Walker of Lowndes:
A Bill to provide a method for the registration of voters and for their examination in counties having a population of not more than 49,300 and not less than 49,200; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 347. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act to establish the Criminal Court of Atlanta, so as to provide for a Clerk of said Court; and for other purposes.
HB 350. By Mr. Johnson of Warren:
A Bill to place the Clerk of the Superior Court of Warren County on a salary in lieu of a fee system; and for other purposes.
HB 351. By Mr. Johnson of Warren:
A Bill to amend an Act providing for the compensation of the Ordinary of Warren County; so as to place the compensation of the Ordinary of Warren County on a salary basis in lieu of a fee basis; and for other purposes.
HB 354. By Messrs. Matthews and Bedgood and others: A Bill to amend an Act relating to the larceny of motor vehicles and punishment therefor; and for other purposes.
HB 356. By Messrs. McClelland, Etheridge and Brooks of Fulton: A Bill to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits of said city; and for other purposes.
HB 358. By Messrs. McClelland and Etheridge of Fulton: A Bill to amend an Act to fix the salary of the Judges of the Juvenile Courts in counties having a population of more than 500,000; and for other purposes.
HB 359. By Messrs. Etheridge and McClelland of Fulton: A Bill to fix the compensation of Ordinaries in counties having a population of 500,000 or more; and for other purposes.
HB 360. By Messrs. McClelland and Etheridge of Fulton: A Bill to amend an Act relating to the salaries of the Judges and Solicitors Generals of the Criminal Court of Fulton County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Resolution of the Senate to wit:
FRIDAY, MARCH 8, 1963
1339
SR 64. By Senators Conway of the 41st and Jackson of the 16th:
A Resolution creating the Governor's Commission for Scientific Research and Development; to provide for the appointment of the members thereof; to prescribe their term of office and compensation; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 361. By Messrs. Clark and Tucker of Catoosa: A Bill to repeal certain laws relating to duties of Clerks of Superior Court and compensation paid for such duties; and for other purposes.
HB 366. By Messrs. Alien and Branch of Tift: A Bill to further define and prescribe the purposes, powers and duties of the Tift County Development Authority; and for other purposes.
HB 369. By Mr. Rodgers of Charlton: A Bill to change the terms of the Superior Court of Charlton County of the Waycross Judicial Circuit; and for other purposes.
HB 403. By Mr. Duncan of Carroll: A Bill to amend an Act creating a charter for the City of Carrollton, so as to provide for the rate of taxation for school purposes not to exceed 1.50 per centum per annum; and for other purposes.
HB 405. By Mr. Singer of Stewart: A Bill to amend an Act creating a new charter for the City of Lumpkin; and for other purposes.
HB 407. By Messrs. Lee and Blalock of Clayton: A Bill to authoi'ize any counties in this State having a population of between 46,000 and 47,000 to establish a law library; and for other purposes.
HB 408. By Messrs. Lee and Blalock of Clayton: A Bill to authorize the establishment of a Civil Service System in Clayton County for employees of Clayton County; and for other purposes.
1340
JOURNAL OF THE HOUSE,
HB 414. By Messrs. Branch and Alien of Tift:
A Bill to amend an Act repealing the Charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years; and for other purposes.
HB 416. By Messrs. Waldrop and Duncan of Carroll:
A Bill to amend an Act creating a charter for the City of Bowdon; and for other purposes.
HB 430. By Mr. King of Chattahoochee:
A Bill to amend an Act reincorporating the Town of Cusseta; and for other purposes.
HB 436. By Mr. Tucker of Burke:
A Bill to amend an Act establishing the City Court of Waynesboro, so as to increase the pay of the Stenographer of the City Court; and for for other purposes.
HB 439. By Mr. Carr of Washington:
A Bill to consolidate all of the laws chartering the Town of Oconee to grant a new charter; to provide that the Town of Oconee shall be known as the City of Oconee; and for other purposes.
HB 440. By Mr. Hill of Meriwether:
A Bill to amend the charter of the City of Manchester relating to the Commissioners; and for other purposes.
HB 447. By Mr. Kirkland of Tattnall:
A Bill to amend an Act establishing the City Court of Reidsville, to provide for the disposition of all monies arising from fines, forfeitures, forfeited recognizances and convict hire over and above cost in each case; and for other purposes.
HB 465. By Mr. King of Chattahoochee:
A Bill to amend an Act abolishing the office of Tax Collector and Tax Receiver and creating the office of Tax Commissioner of Chattahoochee County; and for other purposes.
FRIDAY, MARCH 8, 1963
1341
HB 474. By Messrs. Teague, Flournoy and Wilson of Cobb and others:
A Bill to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell so as to change the corporate limits of the City of Austell; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committes:
SR 64. By Senators Conway of the 41st and Jackson of the 16th: A Resolution creating the Governor's Commission for Scientific Research and Development; to provide for the appointment of the members thereof; to prescribe their term of office and compensation; and for other purposes.
Referred to the Committee on Rules.
SB 120. By Senator Carlton of the 21st: A Bill to be entitled an Act incorporating the City of Swainsboro, so as to increase the corporate limits of said city; and for other purposes.
Referred to the Committee on Local Affairs.
SB 126. By Senator Yancey of the 33rd: A Bill to be entitled an Act to amend an Act to create the Cobb CountyMarietta Water Authority; and for other purposes.
Referred to the Committee on Local Affairs.
SB 129. By Senator Owens of the 49th: A Bill to be entitled an Act to create a City Court in certain counties in this State; to provide the place and times of holding said court; and for other purposes.
Referred to the Committee on Local Affairs.
SB 134. By Senators Johnson of the 38th, Brown of the 34th and Wesberry of the 37th and others: 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 State of Republic.
SB 135. By Senators Brown of the 34th, Brewer of the 39th and Maclntyre of the 40th: A Bill to be entitled an Act to provide in all counties of 500,000 or more population according to the U.S. Census of 1960 or any future U.S.
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JOURNAL OF THE HOUSE,
Census that the Pension Board of the Board of Education shall recom pute the pension paid to those teachers and employees who had retired prior to April 1, 1955 and who had been awarded a basic pension for twenty years of service; and for other purposes.
Referred to the Committee on Local Affairs.
SB 136. By Senators Brown of the 34th, Brewer of the 39th, and Maclntyre of the 40th and others:
A Bill to be entitled an Act applying to counties having a population of 500,000 or more by the U.S. Census of 1960 or any future U.S. Census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen; and for other purposes.
Referred to the Committee on Local Affairs.
SB 137. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hos pital, so as to provide that aliens may be committed; and for other purposes.
Referred to the Committee on State of Republic.
SB 138. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend an Act providing for observation of mentally ill persons and their hospitalization, to provide that psychi atric hospitals owned by the State shall receive aliens; and for other purposes.
Referred to the Committee on State of Republic.
SB 139. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 35-2, relating to the administration of the Milledgeville State Hospital in Baldwin County; and for other purposes.
Referred to the Committee on State of Republic.
The following Resolution of the House was read and referred to the Com mittee on Education:
HR 227. By Mr. Fowler of Douglas:
A RESOLUTION
Requesting the State Board of Education to study the problem of corporal punishment in public schools; and for other purposes.
FRIDAY, MARCH 8, 1963
1343
WHEREAS, recent instances have been publicized where corporal punishment has been used to maintain discipline in public schools; and
WHEREAS, in some instances the use of corporal punishment by teachers has resulted in damage suits being filed against teachers who have employed corporal punishment on their students.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that the State Board of Education is requested to conduct a study and investigation into the problems related to the use of corporal punishment as a disciplinary measure. The State Board of Education is requested to establish a policy as to whether or not the use of corporal punishment is an effective means of maintaining dis cipline within the classroom and whether its use should be sanctioned. The State Board of Education is further requested to study means whereby teachers using corporal punishment as a disciplinary measure may be protected from civil liability as a result of its use. It is further requested that the Board make such study as is necessary to provide an effective means to provide remedies through the various local boards of education for parents who feel an abuse of the teacher's prerogative to employ corporal punishment as a disciplinary measure has occurred.
BE IT FURTHER RESOLVED, that the State Board of Education is requested to report its findings and recommendations back to the 1964 Session of the General Assembly if they feel legislation upon this particular subject matter is necessary.
The following Resolutions of the House were read and adopted:
HR 206. By Messrs. Deen of Bacon, Todd of Glascock, Kelly of Jasper, Bynum of Rabun, Knight of Laurens, Mixon of Irwin, Lee of Dougherty, and many others:
A RESOLUTION
Urging the Governor of the State of Georgia and the Georgia Con gressional Delegation to resist any changes in the present capital gains tax laws, relating to the cutting or disposal of timber; and for other purposes.
WHEREAS, forest land comprises 25,772,200 acres, 69% of the total land area of the State; and
WHEREAS, 23,931,100 acres are in private ownership and con stitute 93% of the total forest land; and
WHEREAS, these forest lands are providing approximately a gross return of one billion dollars to the State's economy through forest in dustries; and
WHEREAS, forest industry represents the third laregst dollar volume of industry and supports 200,000 or more persons annually; and
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JOURNAL OF THE HOUSE,
WHEREAS, Georgia has led the nation in reforestation for many years, having converted almost 700,000 acres from crop land to trees under the Soil Bank Program in recent years; and
WHEREAS, investments are made for long periods of time during which they are continuously subject to many hazards, such as fire, in sects, disease, and market fluctuations; and
WHEREAS, the State and Federal Governments have encouraged forest land owners to develop previously unproductive lands for timber products; and
WHEREAS, Georgia leads the nations in the number of acres under the Tree Farm Program; and
WHEREAS, an incentive must exist to encourage the production of crops that must be produced over two or more decades before any substantial financial return is realized; and
WHEREAS, the capital gains tax treatment on long term timber gains recognizes these various factors; and
WHEREAS, this type of tax treatment has been effective in stimu lating private forest owners to adopt management plans and programs to produce timber to meet the national needs; and
WHEREAS, private forest land is in a wide variety of ownerships with 197,000 owners in Georgia; and
WHEREAS, the repeal of capital gains taxation will materially reduce the ability of private individuals and industry to continue re forestation and will accelerate the cutting of present timber growths; and
WHEREAS, forestry has made its greatest advances during the last 20 years as the result of stimulus of capital gains;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Governor of the State of Georgia and all members of the Georgia Congressional Delegation are urged to do everything in their power to maintain the present capital gains tax treatment regarding the cutting or disposal of timber.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Reso lution to the Governor of the State of Georgia and to each member of the Georgia Congressional Delegation.
HR 225. By Messrs. Baughman of Early, Peterson of Houston, Stalnaker of Houston; and others:
A RESOLUTION
Expressing and extending sincerest best wishes to Honorable James
FRIDAY, MARCH 8, 1963
1345
R. Mullis, Representative of Bleckley County, Georgia for a speedy recovery; and for other purposes.
WHEREAS, Honorable James R. Mullis, the distinguished member of the House of Representatives from Bleckley County is ill and now confined in the hospital at Macon, Georgia; and
WHEREAS, Mr. Mullis has been a member of the House of Repre sentatives of Georgia since 1961 and has served his State and County with dignity and has at all times been conscious of Bleckley County
and the State of Georgia; and
WHEREAS, Mr. Mullis is prominent in the seed, feed, fertilizer and cotton business and specializes in the breeding of livestock par ticularly Poland China hogs; and
WHEREAS, Mr. Mullis is active in the religious, civic and govern mental activities of his community and State; and
WHEREAS, Mr. Mullis is married to a very fine lady, the former Claudia Faye Lamb of Twiggs County; and
WHEREAS, the absence of this distinguished member of the House of Representatives has been felt by the other members of said Body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the sincerest best wishes for a speedy re covery are hereby expressed and extended to Honorable James R. (Jim) Mullis and the members of this Body do further express their sincerest wishes and hope that Mr. Mullis will be able to favor this Body with his presence and assistance at the earliest possible time.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable James R. Mullis, the distinguished Representative from Bleckley County, Georgia.
HR 226. By Mr. Melton of Spalding:
A RESOLUTION
Extending congratulations to Honorable Arthur K. Bolton; and for other purposes.
WHEREAS, Honorable Arthur K. Bolton, Representative from Spalding County and distinguished Administration Floor Leader in the House of Representatives, has been honored by his fellow citizens in Griffin, Georgia by being named "Man of the Year" for the City of Griffin; and
WHEREAS, his devotion to his ideals, his complete honesty and integrity, his sense of fairness and impartiality, his superior sense of
1346
JOURNAL OF THE HOUSE,
humor, and all his many other outstanding characteristics have made him one of the most popular members ever to serve in this Body; and
WHEREAS, his long and devoted service to his City, his County and his State have been recognized by his fellow citizens of the City of Griffin as evidenced by his recent selection as "Man of the Year."
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that all the members of this Body do hereby extend their most sincere and heartfelt congratulations to Honorable Arthur K. Bolton upon his designation as "Man of the Year" in the City of Griffin, Georgia, and hereby express best wishes for a most successful and rewarding future.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to Honorable Arthur K. Bolton.
HR 228. By Mr. Dean of Polk:
A RESOLUTION
Commending the Georgia Tech basketball team; and for other purposes.
WHEREAS, the Georgia Tech basketball team has just concluded its most successful basketball season in the long and distinguished history of the school having won the Gator Bowl basketball tournament in Jacksonville, Florida, having compiled a most commendable record of twenty-one (21) wins and only five (5) losses in these modern days of basketball upsets where no major team succeeds in going an entire season without defeat, and having completed the season in second place in the Southeastern Conference which is nationally recognized as one of the toughest conferences in the country; and
WHEREAS, the most notable factor contributing to this outstand ing record has been the display of superior teamwork on the part of all the members of the team which is evidenced by the fact that only two men averaged ten points or more per game; and
WHEREAS, the remarkable success achieved by this team becomes even more commendable and the outlook for the future brightens con siderably when notice is taken of the fact that three of the usual five starting members are sophomores engaging in their first season of major varsity action; and
WHEREAS, this team has established a reputation for battling down to the last minute of every game never admitting defeat or accept ing victory until the last whistle has blown, this fact being emphasized by their numerous overtime and narrow point margin victories; and
FRIDAY, MARCH 8, 1963
1347
WHEREAS, the Honorable John "Whack" Hyder as Head Coach and the Honorable Byron Gilbreath as his able assistant have exhibited unparallelled coaching skill as evidenced by their ability to instill the winning spirit into their team and by their uncanny knowledge of the individual talents of each member of their team and how best to utilize those talents under varying game conditions; and
WHEREAS, among numerous other honors, the Georgia Tech basketball team has been included among the top ten teams in the county for the better part of the season by both the Associated Press and United Press International weekly ratings; has been recognized as the South eastern Conference Team of the Week on several occasions, has com manded a full page article in The Sporting News, perhaps the most outstanding weekly sports newspaper in the country; has had its coach, the Honorable John "Whack" Hyder acclaimed "Coach of the Year"; and
WHEREAS, this team has cast honor upon the State of Georgia both in the quality of their play and in the sportsmanship they have exhibited while on the basketball court; and
WHEREAS, all the citizens of Georgia are proud of these young men and wish to express their appreciation for what they as a team have achieved.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Georgia Tech basketball team who are Captain Alan Nass, Mike Tomasovich, Keith Weekly, Jim Caldwell, Jimmy Tumlin, R. D. Craddock, Ronnie Scharf, Bill Eidson, Charlie Spooner, John Herbert, Bill Nigg, and Phil Randall; its Head Coach, John "Whack" Hyder; and his able assistant Byron Gilbreath are hereby commended for their outstanding record of achieve ment, and sincerest congratulations are hereby conferred upon all of them for the name they have made for themselves and 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 the above mentioned persons, and to the Honorable Doctor Edwin D. Harrison, President of the Georgia Institute of Technology; and to the Honorable Robert L. Dodd, Athletic Director at the Georgia Institute of Technology.
HR 229. By Messrs. Brooks, McClelland and Etheridge of Fulton:
A RESOLUTION
Expressing sympathy at the passing of Honorable Sam A. Goldberg; and for other purposes.
WHEREAS, Honorable Sam A. Goldberg was born in Atlanta, Georgia, January 1, 1902, and passed away on September 11, 1962; and
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JOURNAL OF THE HOUSE,
WHEREAS, Mr. Goldberg was educated in Atlanta public schools; and
WHEREAS, Mr. Goldberg was active in the real estate business having began his career as an associate of Mr. Ben J. Massell in 1925 and founded his own business in 1932 which now survives him under the name of Allan-Grayson Realty Company; and
WHEREAS, he was President of this company until 1962, at which time he assumed responsibilities as Chairman of the Board; and
WHEREAS, he was a member of many fraternal organizations in cluding the Masons, the Standard Town and Country Club and the Commerce Club and he devoted a great amount of his time, energy and finances to many charitable activities; and
WHEREAS, the loss of this distinguished citizen will be greatly felt by the City of Atlanta, Pulton County and the State of Georgia and he will be greatly missed;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby officially express its appreciation for the endeavors of Honorable Sam A. Goldberg.
BE IT FURTHER RESOLVED that this Body extends its regrets and sincerest sympathy to the family of Sam A. Goldberg.
BE IT FURTHER RESOLVED that as a token of our common grief, the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the family of Honorable Sam A. Goldberg.
HR 230. By Messrs. Smith of Habersham, Parker of Screven and Lane of Bulloch:
A RESOLUTION
Expressing sympathy at the passing of Dr. C. S. Hubbard; and for other purposes.
WHEREAS, on the morning of March 8, 1963, Dr. C. S. Hubbard, a long time resident of Baldwin, Habersham County, Georgia, passed away; and
WHEREAS, he was the Assistant State Superintendent of Schools for the State of Georgia; and
WHEREAS, he was a graduate of Piedmont College in the State of Georgia and holds an Honorary Doctors Degree from that educational institution; and
FRIDAY, MARCH 8, 1963
1349
WHEREAS, he is a former member of the General Assembly, having served both in the House of Representatives and the Senate; and
WHEREAS, he has rendered outstanding services to the citizens of his community and his State and was respected, admired and loved by all his colleagues.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that deepest regrets are hereby expressed at the passing of the Honorable Doctor C. S. Hubbard and the sympathy of each indi vidual member of the House of Representatives and the Senate is hereby extended to 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 Doctor C. S. Hubbard.
HR 231. By Messrs. Blair of Sumter, Sewell of Sumter and Steis of Harris:
A RESOLUTION
Expressing regrets at the passing of Honorable Herbert Watson Moon, Sr.; and for other purposes.
WHEREAS, Honorable Herbert Watson Moon, Sr. passed away on March 5, 1963, at the age of 69; and
WHEREAS, Mr. Moon was a prominent South Georgia political figure and civic leader; and
WHEREAS, Mr. Moon was a former member of the General As sembly of Georgia having served in the Senate in 1953-54; and
WHEREAS, he was the former State Commander of the American Legion, the former Assistant State Director of Selective Service and the former Director of the Georgia-Florida basketball league and active in numerous other religious, fraternal and civic organizations; and
WHEREAS, Mr. Moon was married to the former Anne Ruth Britton; and
WHEREAS, this Body is indebted to the Honorable Herbert Watson Moon, Sr. for his many achievements and endeavors on behalf of the City of America, Sumter County and the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest regrets and sorrow at the passing of Honorable Herbert Watson Moon, Sr. and the sympathy of all the members of this Body is hereby extended to the family of Mr. Moon.
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JOURNAL OF THE HOUSE,
BE IT FURTHER RESOLVED that as a token of our common grief, the clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the family of Honorable Herbert Watson Moon, Sr.
HR 232. By Mr. House of Bibb:
A RESOLUTION
Expressing regrets at the passing of Honorable Cleveland Manning White; and for other purposes.
WHEREAS, Honorable Cleveland Manning White of Macon, Geor gia, passed away on Monday, March 4, 1963; and
WHEREAS, he was a native of Bibb County and lived there all his life; and
WHEREAS, he was elected Alderman for the Second Ward of Macon, Georgia, in 1959 and was Chairman of the Utilities Committee; and
WHEREAS, he had been in failing health during the past two years but remained active in city affairs until recently; and
WHEREAS, this able public servant will be sorely missed by the citizens of the City of Macon, especially the Second Ward, and by all other citizens of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are expressed upon the passing of Honorable Cleveland Manning White and the sympathy of each member 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 bereaved widow of the late Cleveland Manning White and to the Mayor and Board of Aldermen of the City of Macon.
HR 233. By Messrs. McClelland, Etheridge and Brooks of Fulton:
A RESOLUTION
Proposing the designation of a "Ryder Cup Golf Matches Week"; and for other purposes.
WHEREAS, once every two weeks, one of the most colorful com petitive exhibitions in all international golf, the Ryder Cup Matches, is played between teams representing Great Britain and the United States; and
FRIDAY, MARCH 8, 1963
1351
WHEREAS, these matches were started and have been continuously played since 1927 under a deed of trust from the late Samuel A. Ryder, the donor of the solid gold trophy commemorative of the event and awarded to the winner thereof; and
WHEREAS, each two years these matches are played alternately in Great Britain and the United States and in this year of 1963, the same are to be played in the United States and the site selected therefor is the East Lake Country Club, Atlanta, DeKalb County, Georgia; and
WHEREAS, the selection of the East Lake Country Club as the site for the playing of these matches this year is primarily in recog nition of the fact that Atlanta is oftentimes referred to as the "Golfing Capital of the World" and, further, to pay justifiable tribute and honor to the Honorable Robert Tyre ("Bobby") Jones, Jr., the only golfer ever, who in one year has been the winner of the "Grand Slam" in golf--the open and amateur championships of both Great Britain and the United States; the Honorable Harold Sargent, present professional at East Lake Country Club and Immediate Past President of the Pro fessional Golfers Association of America; and a host of other nationally and internationally famous golfers through the years who have dis tinguished themselves while playing as representatives of the City of Atlanta and other cities throughout all Georgia; and
WHEREAS, the participants in the Ryder Cup Matches will con stitute a majority of the greatest golfers and most outstanding and well known personalities in the world of golf at the present time; and said even will be one of international significance, attracting worldwide attention and attendance of golfing enthusiasts and personages from all parts of the United States and abroad; and
WHEREAS, the holding of said event in Atlanta will be an occasion for City and Statewide civic pride and should be recognized and com memorated in some appropriate and significant way; and
WHEREAS, the matches themselves will be played during the period of October 8-13, 1963, but the members of both the American and British teams will be the guests of the City of Atlanta and the State of Georgia the entire week of October 6-13, 1963;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that said Body should and does hereby take due note of the playing of said Ryder Cup Matches at the time and place aforesaid and takes this means of welcoming the participants therein and of expressing its pleasure in the opportunity afforded to sponsor said event and to entertain the members of the Ryder Cup teams of both Great Britain and the United States; and
BE IT FURTHER RESOLVED that His Excellency the Governor of Georgia be called upon and requested to designate by appropriate Executive Proclamation the week of October 6-13, 1963 as "Ryder Cup Golf Matches Week" and that such action and the contents of this Resolution be given the wide dissemination and extensive publicity which such an occasion demands.
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JOURNAL OF THE HOUSE,
Mr. Twitty of Mitchell 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 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Stalnaker of Houston; and others:
A Bill to be entitled an Act to provide for a Sheriff's Retirement Fund of Georgia, to create a Board of Commissioners to administer such retirement fund; and for other purposes.
The consent was granted, and HB 348 was placed at the foot of the calendar.
Mr. Odom of Dougherty asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:
HR 167-477. By Messrs. Odom and Lee of Dougherty:
A Resolution to amend a Resolution providing that the Judges of the Superior Court of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of traveling expenses, so as to change the amount of traveling expenses; and for other purposes.
The consent was granted and HR 167-477 was placed at the foot of the calendar.
Mr. Hull of Richmond moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:
HR 175-494. By Messrs. Fleming, Hull and Bell of Richmond, Phillips of Columbia, House of Bibb and others:
A Resolution relating to the creation of a dental college in conjunction with the Medical College of Georgia; and for other purposes.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Andrews Ballard Bell
Black Bowen of Toombs Brantley
Busbee Byrd Chandler
FRIDAY, MARCH 8, 1963
Clarke of Monroe Dicus Funk Gibbons Hill Horton Hull Isenberg Johnson of Warren Jones of Worth Jones of Muscogee Kelly Keyton Killian Laite
Lee of Clayton Lee of Dougherty Lewis Matthews of Clarke
McCracken McGarity Mixon Morgan of Newton Murphy Nessmith Newton of Colquitt
Paris Partridge Perry of Marion
Phillips
1353
Richardson Roper Russell Shea Smith of Habersham Spikes Steis Todd Towson Twitty Walker Ware Watson Wells of Oconee Williams of Coffee
Those voting in the negative were Messrs.:
Alien Anderson Bedgood Blair Blalock of Coweta Bowen of Dawson Carr Causby Chance Clark of Catoosa Coker of Cherokee Coker of Turner Davis Dean of Polk DeVane Duncan of Fannin Echols Etheridge Fowler of Douglas Fowler of Treutlen
Fulford Greene Groover Harrell Harris Henderson Herndon Houston Johnson of Elbert Keadle King Lee of Clinch Lindsey Meeks Milford Mitchell Moore Overby Pafford Peterson
Ponsell Poole Pope Poss Rainey Raulerson Reaves Roberts Scarborough Sewell Shaw Sinclair Smith of Forsyth Smith of Telfair Stalnaker Story Underwood of
Montgomery Warren
Those not voting were Messrs.:
Abney Acree Arnsdorff Bagby Barber Baughman Blalock of Clayton Bolton Bowen of Randolph Brackin Branch Brooks of Oglethorpe
Brooks of Fulton Brown Bynum Caldwell Conger Conner Crummey Cullens Deen of Bacon Dixon Dorminy Duncan of Carroll
Fleming Flournoy Floyd Flynt Griffin Hale Hall Harrington House Hurst Jones of Liberty Jones of Lumpkin
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JOURNAL OF THE HOUSE,
Jordan of Ployd Jordan of Calhoun Kirkland Knight of Laurens Knight of Berrien Lambert Lane Leonard Logan Lokey Lowrey Mackay Matthews of Colquitt McClelland McDonald McKemie Melton Milhollin Moate
Morgan of Gwinnett Mullis Newton of Jenkins Odom Parker Payton Perry of Marion Pickard Rhodes Rodgers Rowland Rutland Sangster Shuman Simmons Simpson Singer Smith of Emanuel Smith of Whitfield
Snow Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Waldrop Watts Wells of Peach Wells of Camden White Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the motion to reconsider, the ayes were 54, nays 58.
The motion was lost and HR 175-494 was not reconsidered.
The Speaker asked unanimous consent that the following Bill of the House be added to the Rules Calendar due to being omitted through error:
HB 497. By Messrs. Matthews and Bedgood of Clarke: A Bill to be entitled an Act to provide that no municipality shall employ law enforcement officers and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests; and for other purposes.
The consent was granted and HB 497 was added to the Rules Calendar.
Mr. Lindsey of Wilkes moved that the following Bill of the House be with drawn from the Committee on State of Republic and recommitted to the Com mittee on Industry:
HB 505. By Messrs. Lindsey of Wilkes, Roberts of Jones, Mitchell of Whitfield, Underwood of Taylor, Moate of Hancock, Hull of Richmond and others: A Bill to be entitled an Act to be known as "The State Employees Minimum Wage Bill" establishing a minimum wage for all employees of the State of Georgia; and for other purposes.
FRIDAY, MARCH 8, 1963
1355
The motion was lost and HB 505 was not recommitted.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 520. By Mr. Dixon of Ware: A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Ware County; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 520 as follows:
By striking from Section 14 after the words "Sheriff of Ware County" and before the word "the" the word "and" and inserting in lieu thereof a comma ", ", and by adding after the words "Ordinary of Ware County" and before the word "as" the following language:
", the office of Tax Receiver of Ware County, the office of Tax Collector of Ware County and the office of Tax Commissioner of Ware County in the event the office of Tax Commissioner is created"
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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 396. By Messrs. Rutland, Mackay and Harris 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 shall be elected; and for other purposes.
The following Committee amendment was read and adopted: The Local Affairs Committee moves to amend HB 396 as follows: By striking from Section 1. the legal descriptions defining District
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JOURNAL OP THE HOUSE,
No. 1, District No. 2, District No. 3 and District No. 4 and inserting in lieu thereof the following:
"District No. 1. District No. 1 shall comprise that part of DeKalb County bounded on the west by the boundary line between Pulton and DeKalb Counties; on the north and east by the boundary lines of DeKalb, Pulton and Gwinnett Counties from the northwest corner of DeKalb County to a point on the east boundary line, which point is where the south Land Lot line of Land Lot 280 of the 6th District intersects said boundary line; on the southeast by a straight line drawn from a point where the south Land Lot line of Land Lot 280 intersects said boundary line southwesterly to the southwest corner of Land Lot 106 of the 18th District and on the south by the south Land Lot line of Land Lot 107 of the 18th District.
District No. 2. District No. 2 shall comprise that part of DeKalb County bounded on the northwest by a straight line drawn from the southwest corner of Land Lot 106 of the 18th District of DeKalb County northeasterly to the boundary line between DeKalb and Gwinnett Counties to a point on said boundary line where the south Land Lot line of Land Lot 280 of the 6th District intersects said boundary line; on the northeast by the boundary line of DeKalb and Gwinnett Counties; on the southeast by a straight line drawn from a point on the west Land Lot line of Land Lot 50 of the 18th District of DeKalb County where the north line of the City Limits of the City of Decatur intersects said west Land Lot line north easterly through the intersection of Land Lots Nos. 318, 317, 314 and 315 of the 18th District to a point on said boundary line; on the south by the city limits of the Cities of Decatur and Atlanta, and on the west partly by the boundary line between Pulton and DeKalb Counties and all together by the city limits of Atlanta.
District No. 3. District No. 3 shall comprise that part of DeKalb County bounded on the northwest by a straight line drawn from a point on the west Land Lot line of Land Lot 50 where the same is intersected by the north line of the City of Decatur through the intersections of Land Lots 318, 317, 314 and 315 of the 18th District to the boundary line between DeKalb and Gwinnett Coun ties; on the northeast by the boundary line between DeKalb and Gwinnett Counties; on the southwest by a straight line drawn from a point on the boundary line between DeKalb and Gwinnett Counties where the east Land Lot line of Land Lot 179 of the 18th District intersects said boundary line southwesterly to the south line of Land Lot 49 of the 18th District at a point where the northesast corner of the City liimts of the City of Decatur intersects said south line; on the southwest by the boundary line of the City of Decatur.
District No. 4. District No. 4 shall comprise that part of DeKalb County bounded on the northwest by a straight line drawn from a point on the south Land Lot line of Land Lot 49 of the 18th District of DeKalb County where same is intersected by the north east corner of the City limits of Decatur and running northeasterly
FRIDAY, MARCH 8, 1963
1357
to a point on the boundary line between DeKalb and Gwinnett Counties, which point is where the east Land Lot line of Land Lot 179 of the 18th District of DeKalb County intersects said boundary line; on the northeast by the boundary line between DeKalb and Gwinnett Counties from the last named point to the point where the north line of and Lot 258 and the south line of Land Lot 257 of the 16th District intersect said boundary line; on the southeast by a straight line drawn from the next above named point to the southwest corner of Land Lot 8 of the 18th District at the City Limits of the City of Decatur; on the southwest by the City Limits of the City of Decatur."
By striking Section 3. in its entirety and substituting in lieu thereof new Section 3, as follows:
"Section 3. Said members shall be elected as set out in Section 2. hereinabove at a special Board of Education election, held under the supervision of the Ordinary of DeKalb County, at the same time and in the same polling places as general elections are held, except that voters living within the limits of the Cities of Atlanta and Decatur shall not be eligible to vote for said members of said Board. All candidates shall qualify with the Ordinary of said County by filing a notice of their candidacy with said Ordinary at least 30 days prior to the election date and shall publish a notice thereof in the official gazette of said County at least one time in a period of 30 days prior to said election date."
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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 470. By Messrs. Harris, Mackay and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act to provide for the exami nation for qualified electricians in certain counties; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 470 as follows:
By striking from Section 3. the phrase "so that Section VII, when so amended shall read as follows:" and all the remainder of the section and substituting in lieu thereof the following:
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JOURNAL OF THE HOUSE,
"and substituting in lieu thereof the following language:
"Provided further, that the provisions of this Act shall not apply to persons installing wiring for a public utility rendering services and required by it to be utilized directly in the rendition thereof."
so that Section VII, when so amended shall read as follows:
"None of the provisions of this Act shall apply within the limits of any municipality in this State lying within counties which have a population of not less than 250,000 and not more than 500,000 according to the United States census of 1960 or any future census, except where municipalities do not now have electrical inspections departments, and request through councilmanic resolution that the county electrical inspector inspect all work in their respective city, said work shall meet with the prescribed rules of the county and all qualified electricians shall be qualified through the same board of examiners as provided for in this Act. Provided further, that the provisions of this Act shall not apply to persons installing wiring for a public utility rendering services and required by it to be utilized directly in the rendition 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 ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 566. By Messrs. Isenberg and Killian of Glynn:
A Bill to be entitled an Act to amend an Act incorporating the City of Brunswick, so as to provide that the Commissioner at Large elected shall be designated as 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 8, 1963
1359
HB 571. By Mr. Lambert of Morgan:
A Bill to be entitled an Act to create the Morgan County Development Authority; to provide the powers, authority, funds, purposes connected therewith; and for other purposes.
The report 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 574. By Messrs. Caldwell and Echols of Upson:
A Bill to be entitled an Act creating and establishing a Small Claims Court in counties having a population of not less than 23,500 and not more than 24,100; and for other purposes.
The report 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 575. By Mr. Black of Webster: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Webster, so as to change the compensation and traveling expenses for the Sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 579. By Messrs. Towson and Knight of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of Dudley, 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 580. By Messrs. Lee and Blalock of Clayton: A Bill to be entitled an Act to create a Court to be known as the "Civil and Criminal Court of Clayton County"; to provide for election, quali fications, oath, duties, powers and terms of the Judge and Solicitor; and for other purposes.
The report 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 582. By Mr. Bowen of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of County Tax Commissioner of Dawson 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 116, nays 0. The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, MARCH 8, 1963
1361
HB 583. By Mr. Bowen of Dawson:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of the County 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 584. By Mr. Bell of Richmond:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in counties having a population of 135,000, so as to change the compensation of the Clerk, Sheriff and other 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 ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A Bill to be entitled an Act to amend an Act to abolish justice courts and establish a Municipal Court for the City of Augusta; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 586. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to establish the City Court of Richmond 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 587. By Messrs. Fleming, Hull and Bell of Richmond: A Bill to be entitled an Act to provide for the appointment of an assist ant solicitor-general, an investigator and three stenographer-clerks in the office of the Solicitor-General in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 588. By Messrs. Fleming, Bell and Hull of Richmond: A Bill to be entitled an Act to provide for the appointment of an assist ant solicitor of the city court of all counties having a population between 135,000 and 140,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 591. By Messrs. Fleming, Hull and Bell of Richmond: A Bill to be entitled an Act to amend an Act relating to coroner's fees, in certain counties; and for other purposes.
FRIDAY, MARCH 8, 1963
1363
The report 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 592. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of a Clerk for the office of the Solicitor of the City Court in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 593. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to be entitled an Act to amend an Act to establish the City Court of Richmond County; to provide for appointment of a Judge and Solicitor; and for other purposes.
The report 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 598. By Mr. Coker of Turner:
A Bill to be entitled an Act to further define and prescribe the purposes, powers and duties of the Turner County Development Authority; 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 41. By Senator Downing of the 1st:
A Resolution relating to the 52nd Street Extended 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 112. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jasper, 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 596. By Messrs. Mackay of DeKalb, McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act providing for election precincts, so as to provide that in counties having a population of 250,000, or more as many election precincts as convenient may be established; and for other purposes.
FRIDAY, MARCH 8, 1963
1365
The report 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.
Mr. Twitty of Mitchell moved that the following Bills of the House be re committed to the Committee on Hygiene and Sanitation:
HB 162. By Messrs. Keyton of Thomas and Greene of Bartow:
A Bill to be entitled an Act comprehensively and exhaustively to revise, supersede, consolidate, and codify the laws relating to public health, the Dept. of Public Health, the State Board of Health, county board of health, sanitary districts, and district health commissioners; and for other purposes.
HB 163. By Messrs. Keyton of Thomas and Greene of Bartow:
A Bill to be entitled an Act to provide for the payment of the cost of care of persons admitted or committed to State institutions which now or hereafter come under the management and control of the State Board of Health, or Ga. Dept. of Public Health, or any facility operated in con junction therewith; and for other purposes.
The consent was granted and HB 162 and 163 were recommitted to the Com mittee on Hygiene and Sanitation.
Mr. Killian of Glynn asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on Judiciary and recommitted to the Committee on Local Affairs:
SB 100. By Senator Gaynor of the 5th:
A Bill to be entitled an Act to provide for a secretary for the Judge of the Superior Court of the Brunswick Judicial Circuit, to provide for the method of payment of such secretary by the counties of said circuit; and for other purposes.
The consent was granted and SB 100 was recommitted to the Committee on Local Affairs.
1366
JOURNAL OF THE HOUSE,
Mr. Busbee of Dougherty asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Local Affairs and recom mitted to the Committee on Judiciary:
HB 630. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to provide a method of detaching territory from the corporate limits of a municipality when a parcel or tract of land is under a single ownership and lies partially within the limits of a municipality and partially within an unincorporated area contiguous thereto, upon the written request of the property owner in the affected area; and for other purposes.
The consent was granted and HB 630 was recommitted to the Committee on Judiciary.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments or substitutes thereto:
HB 226. By Messrs. Stuckey of Dodge, Lowrey of Floyd and others: A Bill to be entitled an Act to provide for a Georgia State Board of Barbers; and for other purposes.
The following Senate amendment were read:
Senator Ellis of 44th, moves to amend HB 226 as follows: By striking from Section 6 the following language:
"and each year at least such amount shall be appropriated to the Secretary of the State of Georgia, for the purpose of carrying out the provisions of this Chapter. Out of the monies in the hands of the State Treasurer to the credit of the Board at the time of making such report, the Treasurer shall set aside a fund of one thousand five hundred ($1,500.00) dollars, or such portion thereof as the funds in his hands from this source will permit, which funds shall be kept and used by him for the future maintenance of the Georgia State Board of Barbers".
so that when so amended Section 6 shall read as follows:
"Section 6. Said Code Chapter is further amended by striking Section 84-406, as amended, in its entirety and inserting in lieu thereof a new Section 84-406 to read as follows:
"84-406. Report of Board. Disposition of money.--Said Board shall on the first day of July of each year report to the Governor
FRIDAY, MARCH 8, 1963
1367
a full statement of the receipts and disbursements of the Board for the preceding year. All funds resulting from the operation of the Georgia State Board of Barbers and from the administration of the rules and regulations pertaining to barbers, teachers, barber shops, barber schools, barber colleges and to the State Board of Barbers, excluding all fines, but including all license fees and other income, shall be paid into the General Fund of the State Treasury."
Senator Ellis of the 44th moves to amend the Ellis amendment to HB 226 by inserting a comma after the word income in the last sentence of Section 6.
Senator Salome of the 36th moves to amend HB 226 by adding at the end of Section 11 the following:
Provided further, those now serving as apprentices or enrolled in schools shall not be required to have 1500 hours but only 1200 hours.
Mr. Smith of Habersham 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 Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair
Blalock of Coweta Bowen of Randolph Busbee Byrd Carr Chance Chandler Clarke of Monroe Coker of Cherokee
Coker of Turner Conner Davis
Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Flournoy Floyd Flynt Funk
Griffin Groover Hale Harrington Harris Henderson Herndon Hill Horton
House Houston Isenberg
Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Keadle Keyton Killian King Kirkland
Lane Lee of Clinch Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt
McKemie Meeks Milford
1368
JOURNAL OF THE HOUSE,
Milhollin Mitchell Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Overby Pafford Paris Parker Partridge Perry of Marion Peterson Phillips Ponsell Poole Pope
Poss Raulerson Reaves Rhodes Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Telfair Smith of Habersham
Smith of Whitfield Snow Spikes Stalnaker Steis Todd Towson Twitty Vaughn Walker Ware Warren Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee
Those not voting were Messrs.:
Acree Andrews Baughman Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Bynum Caldwell Causby Clark of Catoosa Conger Crummey Cullens Been of Bacon Dicus Etheridge Fleming Fowler of Douglas Fowler of Treutlen Fulford Gibbons
Greene Hall Harrell Hull Hurst Jones of Muscogee Jordan of Calhoun Kelly Knight of Laurens Knight of Berrien Lait Lambert Lee of Clayton Leonard Logan Lokey McClelland McCracken McDonald McGarity Melton Mixon Moate Morgan of Gwinnett Mullis Nessmith Odom Payton
Perry of Evans Pickard Rainey Rodgers Roper Rowland Rutland Singer Smith of Forsyth Smith of Emanuel Story Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Watson Wells of Camden Williams of Hall Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the motion to agree, the ayes were 123, nays 0.
FRIDAY, MARCH 8, 1963
1369
The Senate amendments to HB 226 were agreed to.
HB 386. By Messrs. Etheridge and McClelland of Fulton: A Bill to be entitled an Act to amend an Act relating to qualifications of applicants for admission to the practice of law; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Judiciary moves to amend HB 386 as follows:
By striking from the Title the words "Association of American Law Schools" and inserting in lieu thereof the following: "American Bar Association".
Mr. McClelland of Fulton 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 Alien Anderson Arnsdorff Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Busbee Bynum Byrd Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee
Coker of Turner Conner Davis Deen of Bacon DeVane Dixon Echols Etheridge Flournoy Floyd Flynt Fowler of Douglas Greene Groover Harrington Harris Henderson Herndon Horton House Houston Hurst Isenberg Johnson of Elbert
Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Kirkland Lambert Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Melton Milhollin Mitchell Mixon
1370
JOURNAL OF THE HOUSE,
Moate Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss
Raulerson Reaves Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow
Spikes Stalnaker Steis Todd Vaughn Waldrop Warren Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Andrews Bagby Baughman Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Chance Conger Crummey Cullens Dean of Polk Dicus Dorminy Duncan of Fannin Duncan of Carroll Fleming Fowler of Treutlen Fulford Funk Gibbons Griffin Hale Hall
Harrell Hill Hull Johnson of Warren Jones of Liberty Jordan of Calhoun Killian King Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Logan Lokey Mackay McCracken McDonald McGarity Milford Moore Morgan of Gwinnett Mullis Overby Payton Perry of Evans Phillips Pickard Rainey
Rhodes Rodgers Roper Rowland Rutland Shea Singer Smith of Emanuel Smith of Whitfield Story Stuckey Tabb Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Walker Ware Watson Wells of Camden Williams of Hall Woodward Mr. Speaker
On the adoption of the Senate amendment, the ayes were 121, nays 0.
The Senate amendment to HB 386 was agreed to.
FRIDAY, MARCH 8, 1963
1371
HB 215. By Mr. Logan of Gilmer:
A Bill to be entitled an Act to amend an Act so as to provide for an annual audit of the office of County Commissioner of Gilmer County; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating the office of County Commissioner and an Advisory Board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, so as to pro vide for an annual audit and publication thereof of certain offices of the county officials; to provide for penalty for failure to have such audit and publication thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of County Commissioner and and an Advisory Board of Gilmer County, approved February 13, 1943 (Ga. Laws 1943, p. 1021), as amended, is hereby amended by inserting between Sections 13 and 14 a Section 13A to read as follows:
"Section 13A. The Commissioner shall have prepared an nually, an all inclusive audit by a certified public accounting firm of his own office, and the offices of the Clerk of the Superior Court, the Sheriff, Ordinary, Tax Collector, and County School Superin tendent which shall reflect the financial condition of the county and such offices including outstanding debts. Such audits shall be filed in the office of the Commissioner and available for the in spection by any taxpayer during regular office hours. Financial statements based on said audits shall be published in the official organ of Gilmer County, with the statement in said paper that the detailed itemized warrants or checks and other accounts are on file in the respective offices subject to the inspection of any tax payer of said county during regular office hours. If the Commis sioner or any other county official shall fail or refuse to cause or permit an annual audit to be made or publish a financial statement as herein provided, he shall be guilty of malfeasance of office and subject to being removed from office upon petition to the Superior Court of Gilmer County by any citizen of Gilmer County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Logan of Gilmer moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 112, nays 0.
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JOURNAL OF THE HOUSE,
The Senate substitute to HB 215 was agreed to.
HB 455. By Messrs. Blair and Sewell of Sumter:
A Bill to be entitled an Act to provide that the Coroner of Sumter County shall be compensated on a fee basis supplemented by a salary; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to provide that the Coroner of Sumter County shall be compensated on a fee basis supplemented by a salary rather than a fee basis; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Governing Authority of Sumter County may sup plement the fees, costs, perquisites and emoluments of whatever kind and nature received each calendar month by the Coroner of Sumter County by a salary in an amount equal to the difference between the sum of such fees, costs, perquisites and emoluments of whatever kind and nature now or hereafter received by such Coroner for services as such during each calendar month, and a sum to be determined by said Governing Authority not to exceed seventy-five ($75.00) dollars. Such salary shall be paid from the funds of Sumter County.
In the event the fees, costs, perquisites and emoluments of whatever kind and nature received by such Coroner for services as such, equals seventy-five ($75.00) dollars or more, he shall not receive any salary supplement, and any such fees, costs, perquisites and emoluments re ceived by said Coroner in any one calendar month in excess of seventyfive ($75.00) dollars shall not be carried forward to the next or any succeeding month in calculating the amount of salary supplement that said Coroner may be entitled to receive.
Section 2. It shall be the duty of the Coroner of Sumter County to transmit to the Governing Authority of Sumter County each calendar month, a sworn statement of all fees, costs, perquisites and emoluments of whatever kind and nature received by such Coroner for services as such.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Blair of Sumter moved that the House agree to the Senate substitute.
FRIDAY, MARCH 8, 1963
1373
On the motion to agree, the ayes were 112, nays 0.
The Senate substitute to HB 455 was agreed to.
HB 319. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide additional pension benefits to certain former employees of Fulton County; and for other purposes.
The following Senate substitute was read:
A BILL
An Act to amend an Act entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees . . . and for other purposes", approved March 3, 1939 (Ga. L. 1939, pp. 571-579) and the several Acts amendatory thereof, so as to provide additional pension benefits to certain former officers and em ployees; to provide the option of continuing in the Fulton County pen sion plan to certain members who become employees of the State of Georgia or one of its agencies but who continue to perform duties in Fulton County or for the government or citizens of Fulton County; to provide alternate pension benefits to those members not choosing to exercise their option to continue in the pension plan; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME that the Act entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county em ployees . . . and for other purposes", approved March 3, 1939 (Ga. L. 1939, pp. 571-579) and the several Acts amendatory thereof, be further amended as follows:
SECTION I
A. Pension payments due to former officers and employees who have retired as a matter of right prior to April 1, 1955, and who have to their credit twenty-five years or more of active service with said county and have been awarded pensions under the terms of this Act as amended, shall have their pensions recomputed on the following basis:
(1) There shall be paid a basic pension of one-half the average monthly salary paid to such former officers and employees during the last three years of their active service not to exceed, however, the sum of $150.00 per month for such persons.
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JOURNAL OF THE HOUSE,
(2) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $5.00 per month for each full year's active service in excess of twenty-five years. The record kept in the office of the comptroller shall be conclusive as to the time served.
(3) The aggregate of all pension benefits payable to former officers and employees under the provisions of this Act shall be limited in that same shall not exceed seventy-five (75%) per cent of the average monthly salary paid to such officer or employee for the last year of employment in active service.
B. Former officers and employees who retired prior to April 1, 1955 but who had less than twenty-five years of active service with said county, but who have been awarded pensions under the terms of this Act as heretofore amended, shall be paid that proportion of the basic pension provided in paragraph 1 of subsection A of Section I above as the length of their service, measured in full years of service, bears to twenty-five years.
C. This section shall not be effective to, nor be construed to, confer eligibility for a pension upon any former officer or employee who was not eligible for a pension under the provisions of this Act in effect on the date of the retirement, resignation or other withdrawal from service of such former officer or employee.
D. This section shall be effective as of January 1, 1963.
SECTION II.
Any member of this Retirement System on the date of passage of this Act who shall hereafter be transferred to employment by the State of Georgia or one of its agencies and whose salary thereupon is paid in whole or in part by the State of Georgia, but who nevertheless con tinues to perform his duties in Fulton County or for the government or citizens of Fulton County, may at the election in writing, of such employee, remain a member of this retirement system, provided such employee shall pay monthly that sum, or permit to be deducted from any sums due him by Fulton County, an amount equal to that contribution which would be required of such employee had he remained an employee of Fulton County, based on the rate of compensation paid him by Fulton County at the end of the calendar year next preceding such transfer, and thereupon shall be eligible for and subject to the conditions, liabilities and benefits of this Act; provided further, that should such employee elect not to remain a member of the pension system provided by this Act and shall not make the contribution required of him under this amendment, all rights and interest of such employee under this Act and prior to this amendment shall remain to his credit until such "employee shall reach the age of retirement as provided in this Act and shall actually retire from employment by the State of Georgia, at which time such employee shall become eligible for such retirement pay as his credited service with Fulton County (but not with the State of Georgia) would entitle him to receive. Payment for such credit shall be made notwithstanding that the years of credit may be less than the minimum otherwise required for pension benefits.
FRIDAY, MARCH 8, 1963
1375
SECTION III.
All laws or parts of laws in conflict herewith be and the same are hereby repealed.
SECTION IV.
A copy of the Notice of Intention to Apply for Local Legislation is attached hereto and made a part of this Bill,
Mr. McClelland of Pulton 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 319 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 435. By Messrs. Bowen of Toombs, Fowler of Treutlen, and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Fertilizer Act of 1960," so as to redefine the term "Manufacturer"; and for other purposes.
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 Alien Anderson Arnsdorff Bagby Barber Bedgood
Bell Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley
Bynum Byrd Carr Causby Chance Chandler Clarke of Monroe
1376
JOURNAL OF THE HOUSE,
Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Fleming Flournoy Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Groover Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Keadle Kelly Keyton
Killian Lambert Lane Lee of Clinch Lee of Dougherty Lewis Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McCracken McKemie Meeks Melton Milford Mitchell Mixon Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Evans Overby Pafford Paris Parker Partridge Perry of Marion Peterson Phillips Ponsell Pope Poss Rainey Raulerson Reaves Rhodes
Richardson Roberts Russell Scarborough Sewell Shaw Shea Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Spikes Stalnaker Steis Story Stuckey Teague Todd Twitty Underwood of
Montgomery Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Black Blalock of Clayton Bolton Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Busbee Caldwell
Clark of Catoosa Conger Conner Crummey Dicus Duncan Etheridge Floyd Flynt Fulford Griffin Hale Hall Hurst
Johnson of Warren Jones of Muscogee Jordan of Floyd Jordan of Calhoun King Kirkland Knight of Laurens Knight of Berrien Laite Lee of Clayton Leonard Logan Lokey Mackay
FRIDAY, MARCH 8, 1963
McClelland
McDonald McGarity Milhollin Moate Moore Morgan of Gwinnett
Mullis Odom Payton Perry of Evans
Pickard
Poole Rodgers Roper Rowland Rutland Sangster
Shuman Simpson Singer Smith of Emanuel
1377
Smith of Whitfield Snow Tahb Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Wells of Oconee Wells of Camden Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 535. By Messrs. Towson of Laurens, McClelland of Fulton and others:
A Bill to be entitled an Act to amend Code Section 8-502 relating to Situs of Debt Due by Garnishee for the purpose of attachment to pro vide that the proceeds of insurance policies are not subject to garnish ment unless the property insured is located in this State or the insured is a resident of this State; and for other purposes.
Mr. Busbee of Dougherty moved that further consideration of this Bill be postponed until Monday, March 11, 1963, and the motion prevailed.
HB 535 was postponed until Monday, March 11, 1963.
HB 135. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend Code Section 6-805, relating to objections in connection with a motion for a new trial to be raised before the trial judge; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Chapter 6-8, as amended, relating to procedure to secure review in appellate courts, so as to pro vide that upon approval of a brief of evidence in any case by the trial court and ordered filed as part of the record in the case and transmitted to the appellate courts, the case shall not be subject to be dismissed by the appellate court for any extraneous matter or imperfections not
1378
JOURNAL OF THE HOUSE,
affecting the substance of the case; to provide that the said appellate court shall accept the said brief as approved by the trial judge and to hear and determine all questions raised, as shown by the record, in each respective case; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 6-8, as amended, relating to procedure to secure review in appellate courts, is hereby amended by adding thereto a new Section to be designated as Code Section 6-805A, which shall read as follows:
"6-805A. Upon approval by the trial court in any case of the brief of evidence in said court whereby said brief is ordered filed as part of the record in said case or is transmitted to an appellate court of this State, no extraneous matter appearing in said brief shall be deemed such as to render said brief subject to dismissal; nor shall any imperfection in said brief, not affecting the substance of the case, be grounds for dismissal by the appellate court, after the said brief shall have been approved by the trial court. The ap pellate courts of the State of Georgia shall accept such briefs of evidence as approved by the trial court in each case, and the appel late court shall thereafter hear and determine all questions raised as shown by the record in said case."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta
Bowen of Randolph
Bowen of Dawson Brantley Busbee Byrd Carr Causby Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner
Cullens
Davis Dean of Polk Deen of Bacon Dicus Dorminy Duncan of Fannin Fleming Flournoy Floyd Flynt Fulford
Gibbons
FRIDAY, MARCH 8, 1963
Greene Groover Hale Harrington Harris Henderson Hill Horton Houston Hull Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Ployd Keadle Kelly Keyton Killian Kirkland Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis
Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McGarity McKemie Milford Milhollin Mitchell Mixon Morgan of Newton
Murphy Nessmith Newton of Jenkins Newton of Colquitt
Odom Overby Pafford Paris Partridge Perry of Marion Peterson Phillips Ponsell Poole Pope
1379
Poss Raulerson Reaves Richardson Russell Sangster Scarborough Sewell Shaw Shuman Simmons Smith of Telfair Snow Stalnaker Story Todd Towson Vaughn Walker Warren Watson Wells of Peach Wells of Oconee White Williams of Coffee Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Alien Andrews Baughman Blalock of Clayton Bolton Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clarke of Monroe Conger Conner Crummey DeVane Dixon Duncan of Fannin Echols Etheridge
Fowler of Douglas Fowler of Treutlen Funk Griffin Hall Harrell Herndon House Hurst Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun King Knight of Laurens Knight of Berrien Lambert Logan Lokey Mackay McCracken McDonald Meeks
Melton Moate Moore Morgan of Gwinnett Mullis Parker Payton Perry of Evans Pickard Rainey Rhodes Roberts Rodgers Roper Rowland Rutland Shea Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Habersham
1380
JOURNAL OF THE HOUSE,
Smith of Whitfield Spikes Steis Stuckey Tabb Teague Tucker of Catoosa
Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Ware
Watts Wells of Camden Wilkes Williams of Hall Wilson of Cobb Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 602. By Messrs. Herndon of Appling, Sinclair of Macon, Deen of Bacon, and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program for Education Act", so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes.
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 Anderson Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Busbee Byrd Carr Causby
Chance Chandler Clark of Catoosa Coker of Turner Conner Cullens Davis Deen of Bacon DeVane Dicus Dorminy Duncan of Carroll Etheridge Fleming Flournoy Floyd Flynt
Fowler of Treutlen Fulford Gibbons Groover Hale Harrington Harris Henderson Herndon Hill Houston Hull Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee
FRIDAY, MARCH 8, 1963
Keadle Kelly Keyton Killian King Kirkland Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Milford Milhollin Mitchell Mixon Moore Morgan of Newton
Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Raulerson Reaves Richardson Russell Sangster Scarborough Shaw Shuman Simmons
Those not voting were Messrs. :
Acree Alien Andrews Baughman Blalock of Coweta Bolton Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clarke of Monroe Coker of Cherokee Conger Crummey Dean of Polk Dixon Duncan of Fannin Echols Fowler of Douglas Funk Greene Griffin
Hall Harrell Horton House Johnson of Warren Jones of Liberty Jones of Worth Jordan of Floyd Jordan of Calhoun Knight of Laurens Knight of Berrien Lambert Logan Lokey Lowrey McCracken McDonald McGarity Meeks Melton Moate Morgan of Gwinnett Mullis Pafford Parker Payton Pickard
1381
Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Stalnaker Steis Story Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Warren Watts Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Rainey Rhodes Roberts Rodgers Roper Rowland Rutland Sewell Shea Simpson Singer Smith of Emanuel Smith of Habersham Spikes Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Ware Watson Wells of Camden Wilkes Wilson of Cobb Mr. Speaker
1382
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Sinclair of Macon asked unanimous consent that HB 602 be immediately transmitted to the Senate and the consent was granted.
HB 602 was ordered immediately transmitted to the Senate.
SB 39. By Senator Miller of the 50th, Senator Kendrick of the 32nd and others: A Bill to be entitled an Act to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they shall be equipped with safety belts; and for other purposes.
The following amendment was read and adopted:
Mr. Jones of Lumpkin moves to amend SB 39 as follows:
By adding an additional sentence to Section 1 to read as follows: to-wit:
"That said safety belts shall be installed by the manufacturer prior to delivering to dealer."
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 Alien Anderson Arnsdorff Barber Bedgood Bell Blair Blalock of Coweta Bowen of Randolph
Bowen of Dawson Branch Brantley Busbee Byrd Carr Causby Chance Chandler Clark of Catoosa
Clarke of Monroe Coker of Cherokee Davis Dean of Polk Been of Bacon DeVane Dicus Dixon Dorminy Duncan of Carroll
FRIDAY, MARCH 8, 1963
Echols Fleming Flournoy Floyd Hale Harrington Harris Henderson Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Keadle Kelly Keyton Killian Kirkland Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis Lindsey Matthews of Clarke Matthews of Colquitt McGarity McKemie Melton Milhollin Morgan of Newton Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Raulerson Reaves Richardson Roberts Russell Sangster Scarborough
1383
Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Todd Towson Underwood of
Montgomery Vaughn Ware Warren Watson Watts Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Leonard Meeks
Partridge Rhodes
Woodward
Those not voting were Messrs.:
Acree Andrews Bagby Ballard Baughman Black Blalock of Clayton Bolton Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Brown Bynum
Caldwell Coker of Turner Conger Conner Crummey Cullens Duncan of Fannin Etheridge Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons
Greene Griffin Groover Hall Harrell Herndon Jones of Liberty Jones of Worth Jordan of Floyd Jordan of Calhoun King Knight of Laurens Knight of Berrien Logan
1384
JOURNAL OP THE HOUSE,
Lokey Lowrey Mackay McClelland McCracken McDonald Milford Mitchell Mixon Moate Moore Morgan of Gwinnett Mullis Murphy
Newton of Colquitt Payton Perry of Evans Pickard Rainey Rodgers Roper Rowland Rutland Singer Smith of Emanuel Smith of Whitfield Story Stuckey
Tabb Teague Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Walker Wells of Peach Wells of Camden Wilkes Wilson of Brantley Mr. Speaker
On the passage of the Bill, as amended, the ayes were 117, nays 5.
The Bill, having received the requisite constitutional majority, was passed as amended.
SB 107. By Senators Loggins of the 53rd, Pannell of the 54th and Downing of the 1st:
A Bill to be entitled an Act to amend Code Section 81-206, relating to service by publication in divorce actions, so as to provide that the clerk of the court in which such actions are pending may order service by publication; and for other purposes.
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 Alien Anderson Arnsdorff Ballard Barber Bedgood Bell Black Blair
Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Busbee Byrd Carr
Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk
FRIDAY, MARCH 8, 1963
Been of Bacon
DeVane Dixon Dorminy
Echols Fleming Flournoy
Floyd Flynt
Fowler of Treutlen Fulford
Greene Hale Harrington Harris Henderson
Hill Horton
House Houston Hull Hurst
Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Kelly Keyton Killian King Kirkland Laite Lambert
Lee of Clinch Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey
Matthews of Clarke Matthews of Colquitt McGarity
McKemie Meeks Melton Milford Milhollin
Mitchell Mixon Morgan of Newton
Nessmith Newton of Jenkins Odom
Overby Paris Parker
Partridge Perry of Marion
Perry of Evans Peterson Phillips
Poole Pope
Poss Raulerson Reaves Rhodes
Those not voting were Messrs.:
Acree Andrews
Bagby Baughman Brackin Brantley Brooks of Oglethorpe Brooks of Fulton
Brown Bynum
Caldwell Conger Conner Crummey
Dicus Duncan of Fannin
Duncan of Carroll
Etheridge Fowler of Douglas
Funk Gibbons Griffin Groover
Hall Harrell Herndon Jones of Liberty Jones of Worth Jones of Muscogee
Jordan of Calhoun
Keadle Knight of Laurens
Knight of Berrien Lane
1385
Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telf air Snow Spikes Stalnaker Todd Towson Underwood of
Montgomery Vaughn Walker Warren Watson Watts Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Logan Lokey Lowrey Mackay McClelland McCracken McDonald Moate Moore Morgan of Gwinnett Mullis Murphy Newton of Colquitt Pafford Payton Pickard Ponsell
1386
JOURNAL OP THE HOUSE,
Rainey Rodgers Roper Rowland Rutland Singer Smith of Emanuel Smith of Habersham
Smith of Whitfield Steis Story Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke
Twitty Underwood of Taylor Waldrop Ware Wells of Camden Wilkes Wilson of Brantey Mr. Speaker
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 202. By Messrs. Lane of Bulloch, Paris of Barrow, and others: A Bill to be entitled an Act to create a Georgia Recreation Commission, to provide for the members of the Commission, their term of office, to provide for an Advisory Council to the 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.:
Abney Alien Anderson Arnsdorff Ballard Barber Bedgood Bell Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Busbee
Byrd Carr
Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dorminy Etheridge Plournoy Floyd
Fowler of Douglas Greene
Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Ployd Keadle Kelly
Keyton Killian
FRIDAY, MARCH 8, 1963
King Kirkland Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Matthews of Clarke Matthews of Colquitt McClelland McKemie Melton Milford Milhollin Mitchell Mixon Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris
Parker Partridge Payton Perry of Marion Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Telfair
1387
Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Todd Towson Tucker of Burke Underwood of
Montgomery Vaughn Ware Warren Watson Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Bagby Baughman Black Blalock of Clayton Brackin Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Conger Conner Crummey Dixon Duncan of Fannin Duncan of Carroll Echols Fleming Flynt Fowler of Treutlen Fulford Funk Gibbons
Griffin Groover Hale Hall Harrell Hill Jones of Liberty Jones of Worth Jordan of Calhoun Knight of Laurens Knight of Berrien Laite Lee of Clinch Logan Lokey Lowrey Mackay McCracken McDonald McGarity Meeks Moate Moore Morgan of Gwinnett Mullis
Murphy Pafford Perry of Evans Phillips Pickard Rainey Rodgers Roper Rowland Rutland Singer Smith of Forsyth Smith of Emanuel Story Stuckey Tabb Teague Tucker of Catoosa Twitty Underwood of Taylor Waldrop Walker Wells of Caniden Williams of Hall Mr. Speaker
1388
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 39-77. By Mr. Williams of Hall: A Resolution compensating W. L. West, ST., 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 Alien Anderson Arnsdorff Bagby Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll
Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Groover Hale Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Flynt Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis Lindsey Mackay Matthews of Clarke McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Reaves Richardson Roberts Russell Sangster Scarborough
FRIDAY, MARCH 8, 1963
Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes
Stalnaker Steis Story Stuckey Todd Towson Twitty Underwood of
Montgomery Vaughn
1389
Walker Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs. :
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clark of Catoosa Conger Conner Crummey Cullens Dixon Dorminy Echols Etheridge Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Harrell
Hurst Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Lowrey Matthews of Colquitt McCracken McDonald Meeks Melton Milhollin Moate Morgan of Gwinnett Mullis Nessmith Pafford Parker Payton
Perry of Evans Pickard Rainey Raulerson Rhodes Rodgers Roper Rowland Rutland Shuman Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Tahb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Watts Wells of Camden Wilkes Wilson of Brantley 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 46-107. By Mr. McCracken of Jefferson: A Resolution compensating Edsel Scarboro; and for other purposes.
1390
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 Alien Anderson Arnsdorff Bagby Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Flynt
Fulford Funk
Gibbons
Groover
Hale Harrington
Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Mackay Matthews of Clarke McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins
Newton of Colquitt Odom
Overby Paris
Partridge
Perry of Marion
Peterson Phillips Ponsell Poole Pope Poss Reaves Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Watson Wells of Peach
Wells of Oconee White
Williams of Coffee
Williams of Hall Wilson of Cobb
Woodward
FRIDAY, MARCH 8, 1963
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clark of Catoosa Conger Conner Crunimey Cullens Dixon Dorminy Echols Etheridge Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Harrell
Hurst Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Lowrey Matthews of Colquitt McCracken McDonald Meeks Melton Milhollin Moate Morgan of Gwinnett Mullis Nessmith Pafford Parker Payton
1391
Perry of Evans Pickard Rainey Raulerson Rhodes Rodgers Roper Rowland Rutland Shuman Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Watts Wells of Camden Wilkes Wilson of Brantley 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 49-107. By Mr. Pickard of Muscogee:
A Resolution compensating Mrs. Richard L. Bell; 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 Alien
Anderson Arnsdorff
Bagby Barber
1392
JOURNAL OP THE HOUSE,
Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Pannin Duncan of Carroll Fleming Flournoy Floyd Flynt Fulford Punk Gibbons Groover Hale Harrington Harris Henderson Herndon Hill
Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Mackay Matthews of Clarke McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Marion Peterson Phillips
Ponsell Poole Pope Poss Reaves Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum
Caldwell Clark of Catoosa Conger Conner Crummey Cullens Dixon Dorminy Echols Etheridge Fowler of Douglas
Fowler of Treutlen Greene Griffin Hall Harrell Hurst Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun King
FRIDAY, MARCH 8, 1963
Knight of Laurens Knight of Berrien Laite
Lane Leonard Logan Lokey Lowrey
Matthews of Colquitt McCracken McDonald Meeks Melton Milhollin Moate Morgan of Gwinnett
Mullis
Nessmith
Pafford
Parker
Payton
Perry of Evans
Pickard
Rainey
Raulerson
Rhodes
Rodgers
Roper
Rowland
Rutland
Shuman
Singer
1393
Smith of Forsyth Smith of Habersham Smith of Whitfield Tabb league Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Watts Wells of Camden Wilkes Wilson of Brantley 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 95-188. By Mr. Duncan of Fannin: A Resolution compensating Luther Callihan; 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 Alien Anderson Arnsdorff Bagby Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton
Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee
Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Flynt
1394
JOURNAL OF THE HOUSE,
Fulford Funk Gibbons Groover Hale Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey
Mackay Matthews of Clarke McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Reaves Richardson Roberts Russell Sangster Scarborough
Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clark of Catoosa Conger Conner Crummey Cullens Dixon Dorminy Echols Etheridge
Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Harrell Hurst Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Lowrey Matthews of Colquitt
McCracken McDonald Meeks Melton Milhollin Moate Morgan of Gwinnett Mullis Nessmith Pafford Parker Payton Perry of Evans Pickard Rainey Raulerson Rhodes Rodgers Roper Rowland Rutland
FRIDAY, MARCH 8, 1963
Shuman Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Tabb
Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren
1395
Watts Wells of Camden Wilkes Wilson of Brantley 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 110-267. By Mr. Payton of Coweta:
A Resolution compensating Mrs. Elizabeth M. North; 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 Alien Anderson Arnsdorff Bagby Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance
Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Groover Hale Harrington
Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Clayton
1396
JOURNAL OF THE HOUSE,
Lee of Dougherty Lewis Lindsey Mackay Matthews of Clarke McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Marion
Peterson Phillips Ponsell Poole Pope Poss Eeaves Richardson Roberts Russell Sangster Scarborough
Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow
Spikes Stalnaker Steis Story Stuckey Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clark of Catoosa Conger Conner Crummey Cullens Dixon Dorminy Echols Etheridge Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Harrell
Hurst Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Lowrey Matthews of Colquitt McCracken McDonald Meeks Melton Milhollin Moate Morgan of Gwinnett Mullis Nessmith Pafford Parker Payton
Perry of Evans Pickard Rainey Raulerson Rhodes Rodgers Roper Rowland Rutland Shuman Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Watts Wells of Camden Wilkes Wilson of Brantley Mr. Speaker
On the adoption of the Resolution, the ayes were 125, nays 0.
FRIDAY, MARCH 8, 1963
1397
The Resolution, having received the requisite constitutional majority, was adopted.
HR 122-316. By Mr. Stuckey of Dodge: A Resolution compensating J. 0. Justice; and for other purposes.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 122-316 by removing the figures $1,356.66 and inserting in lieu thereof the figures $106.66.
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 Alien Anderson Arnsdorff Bagby Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk
Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Groover Hale Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin
Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Colquitt Lee of Dougherty Lewis Lindsey Mackay Matthews of Clarke McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby
1398
Paris Partridge Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Reaves Richardson Roberts Russell Sangster Scarborough
JOURNAL OF THE HOUSE,
Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Todd
Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clark of Catoosa Conger Conner Crummey Cullens Dixon Dorminy Echols Etheridge Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Harrell
Hurst Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Lowrey Matthews of Colquitt McCracken McDonald Meeks Melton Milhollin Moate Morgan of Gwinnett Mullis Nessmith Pafford Parker Payton
Perry of Evans Pickard Rainey Raulerson Rhodes Rodgers Roper Rowland Rutland Shuman Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Watts Wells of Camden Wilkes Wilson of Brantley Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
FRIDAY, MARCH 8, 1963
1399
HR 169-478. By Mr. Williams of Hall: A Resolution compensating Claubus E. Adams; 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 Alien Anderson Arnsdorff Bagby Barber Bedgood Bell Black Blair Blaloek of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Flynt Fulford Funk
Gibbons Groover Hale Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Mackay Matthews of Catoosa McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton
Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Marion Peterson Phillips Ponsell Poole Pope Poss Reaves Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Todd Towson Twitty Underwood of
1400
Montgomery Vaughn Walker Ware
JOURNAL OF THE HOUSE,
Watson Wells of Peach Wells of Oconee White
Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clark of Catoosa Conger Conner Crummey Cullens Dixon Dorminy Echols Etheridge Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Harrell
Hurst Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Lowrey Matthews of Clarke McCracken McDonald Meeks Melton Milhollin Moate Morgan of Gwinnett Mullis Nessmith Pafford Parker Payton
Perry of Evans Pickard Rainey Raulerson Rhodes Rodgers Roper Rowland Rutland Shuman Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Watts Wells of Camden Wilkes Wilson of Brantley Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 173-484. By Mr. Parker of Screven: A Resolution compensating J. T. Bailey; 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:
FRIDAY, MARCH 8, 1963
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Groover Hale Harrington
Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Mackay Matthews of Clarke McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Marion
1401
Peterson Phillips Ponsell Poole Pope Poss Reaves Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch
Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell Clark of Catoosa Conger
Conner Crummey Cullens Dixon Dorminy Echols Etheridge
1402
JOURNAL OF THE HOUSE,
Fowler of Douglas Fowler of Treutlen Greene Griffin
Hall Harrell Hurst Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Lowrey
Matthews of Colquitt McCracken McDonald Meeks
Melton Milhollin Moate Morgan of Gwinnett Mullis Nessmith Pafford Parker Payton Perry of Evans Pickard Rainey Raulerson Rhodes Rodgers Roper
Rowland Rutland Shuman Singer
Smith of Forsyth Smith of Emanuel Smith of Whitfield Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Watts Wells of Camden Wilkes Wilson of Cobb 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 186-535. By Messrs. Mackay and Harris of DeKalb: A Resolution compensating Robert L. Norquist; and for other purposes.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 186-535 by removing the figures $385.75 and inserting in lieu thereof the figures $250.00.
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 Alien Anderson
Arnsdorff Bagby Barber
Bedgood Bell Black
FRIDAY, MARCH 8, 1963
Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Brantley Busbee Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Groover Hale Harrington Harris Henderson Herndon Hill Horton House
Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Mackay Matthews of Clarke McClelland McGarity McKemie Milford Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Perry of Marion Peterson Phillips Ponsell
1403
Poole Pope Poss Reaves Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stain aker Steis Story Stuckey Todd Towson Twitty Underwood of
Montgomery Vaughn Walker Ware Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Bolton Bowen of Toombs Branch Brooks of Oglethorpe Brooks of Fulton Brown Bynum Caldwell
Clark of Catoosa Conger Conner Crummey Cullens Dixon Dorminy Echols Etheridge Fowler of Douglas Fowler of Treutlen Greene
Griffin Hall Harrell Hurst Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite
1404
JOURNAL OF THE HOUSE,
Lane Leonard Logan Lokey Lowrey Matthews of Colquitt McCracken McDonald Meeks Melton Milhollin Moate Morgan of Gwinnett Mullis Nessmith
Pafford Parker Payton Perry of Evans Pickard Eainey Raulerson Rhodes Rodgers Roper Rowland Rutland Shuman Singer Smith of Forsyth
Smith of Emanuel Smith of Whitfield Tabb Teague Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Watts Wells of Camden Wilkes Wilson of Brantley Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 497. By Messrs. Matthews and Bedgood of Clarke:
A Bill to be entitled an Act to provide that no municipality shall employ law enforcement officers and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests and for other purposes.
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 Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Bell Black
Blair Blalock of Coweta Bolton Bowen of Dawson Busbee Bynum Byrd Carr Causby Clarke of Monroe
Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Echols
FRIDAY, MARCH 8, 1963
Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Greene Groover Harris Herndon Hill Horton House Houston Hull Hurst Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Laite Lambert Lee of Clayton Lee of Dougherty
Lewis Lindsey Lowrey Matthews of Clarke McClelland McKemie Meeks Melton Milhollin Mitchell Mixon Moate Moore Morgan of Newton
Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss
1405
Raulerson Reaves Rhodes Richardson Roberts Russell Scarborough Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Todd Vaughn Waldrop Warren Watts Wells of Oconee White Wilkes Williams of Coffee Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Baughman Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Chance Chandler Clark of Catoosa Conger Crummey Dicus Dorminy Duncan of Fannin Duncan of Carroll
Fowler of Treutlen Fulford Funk Gibbons Griffin Hale Hall Harrell Harrington Henderson Isenberg Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun King Knight of Laurens Knight of Berrien Lane Lee of Clinch Leonard Logan
Lokey Mackay Matthews of Colquitt McCracken McDonald McGarity Milford Morgan of Gwinnett Mullis Overby Payton Perry of Evans Phillips Pickard Rainey Rodgers Roper Rowland Rutland Sangster Sewell Shaw
1406
JOURNAL OF THE HOUSE,
Shea Singer Smith of Emanual Steis Story Stuckey Tabb Teague
Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Walker
Ware Watson Wells of Peach Wells of Camden Williams of Hall Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HE 177-499. By Messrs. Twitty of Mitchell, Underwood of Montgomery, and others:
A Resolution to designate and name the "Georgia Mental Health Center" located on Briarcliff Road in DeKalb County, Georgia, as the "S. Ernest Vandiver Mental Health Center"; 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 Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Black Blair Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Branch Busbee Bynum Byrd
Caldwell Carr Causby Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Carroll Echols Etheridge
Flournoy Floyd Fowler of Treutlen Fulford Greene Hale Harris Henderson Herndon Hill Horton Houston Hurst Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd
FRIDAY, MARCH 8, 1963
Keadle Keyton Killian Kirkland Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke McGarity McKemie Milford Milhollin Mitchell Mixon Moate Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom
Overby Pafford Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Russell Sangster Scarborough Sewell Shea Shuman Simmons Singer
1407
Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Teague Todd Towson Underwood of
Montgomery Vaughn Waldrop Walker Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Baughman Bell Blalock of Coweta Bowen of Randolph Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Chandler Clark of Catoosa Conger Crummey Dicus Duncan of Fannin Fleming Flynt Fowler of Douglas Funk Gibbons Griffin Groover Hall Harrell Harrington
House Hull Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Calhoun Kelly King Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Leonard Logan Lokey Matthews of Colquitt McClelland McCracken McDonald Meeks Melton Moore Morgan of Gwinnett Mullis Murphy Payton
Perry of Evans Phillips Pickard Rainey Rodgers Roper Rowland Rutland Shaw Simpson Sinclair Smith of Forsyth Smith of Emanuel Smith of Whitfield Stuckey Tabb Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor
Ware Warren Watson Wells of Camden White Wilson of Brantley Mr. Speaker
1408
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 124, nays 0.
The Resolution, having received the requisite constitutional majority, was
HR 190-565. By Mr. Sangster of Dooly:
A Resolution to provide compensation for Bowles & Tillinghast, Inc., Actuaries and Employee Benefit Plan Consultants for services rendered for the Interim Legislative Committee to study matters relating to the retirement of employees of the Public Safety Department created by Resolution at the 1962 Session; 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 Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Busbee Bynum Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens
Deen of Bacon DeVane Dixon Dorminy Duncan of Carroll Etheridge Flournoy Floyd Fowler of Treutlen Fulford Gibbons Greene Groover Hale Harrington Harris Henderson Herndon House Houston Hurst Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle
Kelly Keyton Killian Kirkland Knight of Berrien Laite Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McGarity Meeks Milford Milhollin Mitchell Mixon Moate Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom
Overby Pafford Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts
FRIDAY, MARCH 8, 1963
Russell Sangster Scarborough Sewell Shea Shuman Simmons Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Teague
1409
Todd Towson Underwood of
Montgomery Waldrop Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Baughman Bell Black Blalock of Coweta Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Clark of Catoosa Conger Crummey Davis Dean of Polk Dicus Duncan of Fannin Echols Fleming Flynt Fowler of Douglas Funk Griffin Hale Harrell
Hill Horton Hull Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Calhoun King Knight of Laurens Lambert Lane Lee of Clinch Leonard Logan Lokey McClelland McCracken McDonald McKemie Melton Moore Morgan of Gwinnett Mullis Payton Perry of Evans Phillips Pickard
Rainey Rodgers Roper Rowland Rutland Shaw Simpson Sinclair Singer Smith of Emanuel Smith of Whitfield Stuckey Tabb Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Walker Ware Warren Wells of Camden White Wilson of Brantley Mr. Speaker
On the adoption of the Resolution, the ayes were 126, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
1410
JOURNAL OF THE HOUSE,
HB 488. By Messrs. Houston of Pierce, Herndon of Appling, and others:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide by law the time when shad may be taken from the waters of this State; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Natural Resources moves to amend HB 488, as follows:
By striking from Section 2 thereof the following language:
"sundown on Tuesday of each week, and extending until sunrise the following Friday, and beginning at sundown Saturday, and extending until sunrise on the following Monday.", wherever the same appears in said Section and inserting in lieu thereof the following language:
"noon on Wednesday of each week and extending to noon on Friday, and beginning again at midnight on Saturday and extending to noon on Monday."
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 Alien Anderson Arnsdorff Barber Bedgood Black Blalock of Coweta Bolton Bowen of Dawson Bowen of Toombs Brantley Busbee Bynum Byrd Carr Causby
Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Echols Etheridge Floyd Fulford Groover
Harrington Henderson Herndon Hill House Houston Johnson of Warren Jones of Muscogee Keadle Keyton Killian Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis
FRIDAY, MARCH 8, 1963
Lindsey Lowrey Matthews of Clarke McClelland Melton Milford Milhollin Mitchell Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Overby Paris Parker Partridge Perry of Evans
Peterson Ponsell Poole Pope Poss Rainey Reaves Richardson Roberts Roper Russell Sangster Scarborough Shea Simpson Singer Smith of Telf air Smith of Habersham Snow
1411
Spikes Stalnaker Story Stuckey Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Waldrop Ware Warren Watson Watts Wells of Peach Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Moate Shaw Shuman
Sinclair Smith of Forysth Steis
White
Those not voting were Messrs.:
Acree Andrews Bagby Ballard Baughman Bell Blair Blalock of Clayton Bowen of Randolph Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Coker of Turner Conger Crummey Dicus Dorminy Duncan of Fannin Duncan of Carroll Fleming Flournoy Flynt
Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Griffin Hale Hall Harrell Harris Horton Hull Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Kelly King Kirkland Knight of Laurens Knight of Berrien
Lambert Leonard Logan Lokey Mackay Matthews of Colquitt McCracken McDonald McGarity McKemie Meeks Morgan of Gwinnett Mullis Murphy Odom Pafford Pay ton Perry of Marion Phillips Pickard Raulerson Rhodes Rodgers Rowland Rutland
1412
JOURNAL OF THE HOUSE,
Sewell Simmons Smith of Emanuel Smith of Whitfield Tabb Teague
Towson Twitty Underwood of Taylor Vaughn Walker Wells of Oeonee
Wells of Camden Williams of Hall Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 107, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 340. By Messrs. Hill of Meriwether, Sinclair of Macon, Brown of Hart, and others:
A Bill to be entitled an Act to create an Area Redevelopment Finance Administrator, to provide for a short title; and for other purposes.
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 Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brown Busbee Byrd
Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Dean of Bacon DeVane Dorminy Echols Fulford Greene Groover Hale
Harrington Henderson Herndon Hill Horton House Houston Hurst Isenberg Johnson of Warren Jones of Muscogee Keadle Kelly Keyton Killian Kirkland Lane Lee of Clinch Lee of Colquitt Lee of Dougherty
FRIDAY, MARCH 8, 1963
Lewis Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McKemie Milford Milhollin Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Marion Peterson Phillips
Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Singer
1413
Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Todd Towson Waldrop Warren Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs. :
Acree Andrews Baughman Bell Blalock of Clayton Brackin Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Conger Crummey Dicus Dixon Duncan of Fannin Duncan of Carroll Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Hall
Harrell Harris Hull Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite Lambert Leonard Logan Lokey Mackay McClelland McCracken McDonald McGarity Meeks Melton Mitchell Mixon Morgan of Gwinnett
Mullis Newton of Colquitt Payton Perry of Evans Pickard Rodgers Rutland Smith of Emanuel Smith of Whitfield Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker Ware Wells of Camden White Wilson of Brantley Mr. Speaker
1414
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 187-542. By Mr. Lowrey of Floyd:
A Resolution transferring certain State property located in Ployd County, Georgia, to the trustees of the cemetery of the Oostanoula Church; 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 Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Dean of Polk
Deen of Bacon DeVane Dixon Dorminy Echols Flournoy Ployd Fowler of Treutlen Fulford Greene Hale Harrington Harris Henderson Herndon Hill Horton House Houston Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton Killian Kirkland Lane Lee of Dougherty
Lewis Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McKemie Meeks Melton Milford Milhollin Mixon Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Peterson Ponsell Poole Pope Poss Rainey Raulerson
Reaves Rhodes Richardson Roberts Russell Sangster Sewell Shaw Shea Simmons
FRIDAY, MARCH 8, 1963
Smith of Forsyth Smith of Telfair Smith of Habersham Spikes Stalnaker Steis Todd Towson Underwood of
Montgomery
1415
Waldrop Warren Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Andrews Baughman Bell Blalock of Clayton Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Conger Crummey Cullens Davis Dicus Duncan of Fannin Duncan of Carroll Etheridge Fleming Flynt Fowler of Douglas Funk Gibbons Griffin Groover Hall Harrell Hull Hurst
Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Calhoun Kelly King Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Colquitt Leonard Logan Loeky Mackay McClelland McCracken McDonald McGarity Mitchell Morgan of Gwinnett
Mullis Newton of Colquitt
Payton Perry of Marion Perry of Evans Phillips Pickard
Rodgers Roper Rowland Rutland Scarborough Shuman Simpson Sinclair Singer Smith of Emanuel Smith of Whitfield Snow Story Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Walker Ware Watson Wells of Camden White Williams of Hall Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 118, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 431. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, 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
1416
JOURNAL OF THE HOUSE,
the sale of tangible personal property to the University 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 Biill, the roll call was ordered and the vote was as
follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Busbee Bynum Byrd Caldwell Carr Causby Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon Dixon Echols Etheridge Plournoy Floyd Fowler of Treutlen Fulford Greene
Groover Hale Harrington Harris Henderson Herndon Hill House Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Knight of Berrien Laite Lee of Dawson Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McKemie Meeks Melton Milford Mitchell Mixon Moate Moore Morgan of Newton Murphy Nessmith
Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Russell Sangster Scarborough Sewell Shuman Simmons Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Todd Towson Underwood of
Montgomery Waldrop Ware Watts
Wells of Peach Wells of Oconee Wilkes
FRIDAY, MARCH 8, 1963
Williams of Coffee Williams of Hall Wilson of Brantley
1417 Wilson of Cobb
Those not voting were Messrs.:
Acree Andrews Baughman Bell Blalock of Clayton Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Chance Clark of Catoosa Conger Crummey DeVane Dicus Dorminy Duncan of Fannin Duncan of Carroll Fleming Flynt Fowler of Douglas Funk Gibbons Griffin Hall Harrell Horton
Houston Hull Hurst Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Calhoun King Knight of Laurens Lambert Lane Lee of Clinch Leonard Logan Lokey McClelland McCracken McDonald McGarity Milhollin Morgan of Gwinnett Mullis Newton of Colquitt Payton Perry of Evans Phillips Pickard Rhodes
Rodgers Roper Rowland Rutland Shaw Shea Simpson Sinclair Singer Smith of Emanuel Smith of Whitfield Stuckey Tabb Teague Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Walker Warren Watson Wells of Camden White 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.
HR 159-429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding and others:
A Resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Company, an easement for right-of-way purposes for petroleum products pipeline in Floyd and Barrow Counties; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Institutions and Property moves to amend HR 159-429 as follows:
1418
JOURNAL OF THE HOUSE,
By striking in its entirety the following "WHEREAS" paragraph which begins with line nineteen (19) on page 2 of said Resolution:
"WHEREAS, Colonial Pipeline Company is willing to pay to the State of Georgia one hundred and sixty-two ($162.00) dollars for said Battey State Hospital easement and right-of-way, and one thousand three hundred and fifty-eight ($1,358.00) dollars for any damages to property adjacent to said easement and right-of-way, and has previously paid to the Department of State Parks the sum of ten thousand ($10,000.00) dollars for the Fort Yargo easement, and these are fair and reasonable considerations for the granting of such easements and rights-of-way;"
and substituting in lieu thereof a new paragraph to read as follows:
"WHEREAS, Colonial Pipeline Company is willing to pay to the State of Georgia two thousand eight hundred and ninety-eight ($2,898.00) dollars for said Battey State Hospital easement and right-of-way, and has previously paid to the Department of State Parks the sum of ten thousand ($10,000.00) dollars for the Fort Yargo easement, and these are fair and reasonable considerations for the granting of such easements and rights-of-way;"
and further amends said Resolution by striking in its entirety the paragraph beginning with line four (4) on Page 3 of said Resolution as follows:
"BE IT FURTHER RESOLVED that upon ascertaining that the sum of $11,520.00 has been .paid into the State Treasury by the Colonial Pipeline Company as set forth in this Resolution, the Governor, acting for and on behalf of the State of Georgia, be and he is hereby further authorized and empowered to execute and deliver said easements and other written instruments that may be necessary for said petroleum pipeline rights-of-way purposes and said easements and other instruments shall be in such form as may be necessary to carry out the provisions of this Resolution and originate record chain of title to the easements herein authorized."
and substituting in lieu thereof a new paragraph to read as follows:
"BE IT FURTHER RESOLVED that upon ascertaining that the sum of twelve thousand eight hundred ninety-eight ($12,898.00) dollars has been paid into State Treasury by the Colonial Pipeline Company as set forth in this Resolution, the Governor, acting for and on behalf of the State of Georgia, be and he is hereby further authorized and empowered to execute and deliver said easements
and other written instruments that may be necessary for said petroleum pipeline rights-of-way purposes and said easements and other instruments shall be in such form as may be necessary to carry out the provisions of this Resolution and originate record chain of title to the easements herein authorized."
FRIDAY, MARCH 8, 1963
1419
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 Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Black Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clarke of Monroe Coker of Turner Conner
Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Carroll Echols Etheridge Flournoy Floyd Fulford Greene Groover Hale Harrington
Harris Henderson Herndon Hill Horton Houston Hurst Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Colquitt McKemie
Meeks Milford Milhollin Mitchell Mixon Moate Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker
Partridge Perry of Marion Peterson Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough Sewell Shea Shuman Simmons Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Teague
Todd Towson Underwood of
Montgomery Waldrop Walker Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Cobb Woodward
1420
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Acree Andrews Baughman Bell Blalock of Coweta Blalock of Clayton Brackin Brooks of Oglethorpe Brooks of Fulton Brown Clark of Catoosa Coker of Cherokee Conger Crummey Davis Dicus Duncan of Carroll Fleming Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Hall Harrell House
Hull Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Calhoun King Knight of Laurens Knight of Berrien Lambert Lee of Clinch Leonard Logan Lokey Matthews of Colquitt McClelland McCracken McDonald McGarity Melton Moore Morgan of Gwinnett Mullis Payton Perry of Evans Phillips Pickard Ponsell
Rainey Rodgers Rowland Rutland Shaw Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Stuckey Tabb Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Ware Warren Watson Wells of Camden White Wilson of Brantley Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 126, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 144. By Messrs. Chandler and Harrington of Baldwin, Simmons of Banks, and others:
A Bill to be entitled an Act to provide for the use of voting machines at all elections; and for other purposes.
The following substitute, offered by the Committee on Special Judiciary, was read and adopted:
A BILL
An Act to provide for the use of voting machines for casting, regis tering, recording and computing ballots or votes at all elections, including primaries in any and all counties and municipalities in the State of Georgia, by direct action of the governing authorities; prescribing regu-
FRIDAY, MARCH 8, 1963
1421
lations with reference to the adoption, requirements, purchase, leasing, renting or installing and custody; providing rules and regulations for the conduct of elections held with voting machines; providing for the purchase, lease or rental of voting machines, and payment therefor, and expenses incidental to the use of such machines; providing penalties for violation of the provisions of this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. That at all elections hereafter held in all counties and municipalities in the State of Georgia, whether regular, special, primary, or other elections, held under or by authority of any county or munici pality in this State, or any election held for the purpose of determining any question or matter which may be submitted to and referred to the vote of the people of any county, or any part thereof, or of any municipality, or any part thereof, ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the require ments of this Act as hereinafter provided, also at any and all other elections, hereafter held in any county, or in any part thereof, or in any municipality, or any part thereof, ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act.
Section 2. Be it further enacted by the authority aforesaid, that the governing authority of any county or municipality in the State of Georgia may, at any regular meeting or at a special meeting called for the purpose, vote to purchase, authorize, lease or otherwise procure and provide for the use of any voting machines meeting the requirements of this Act as hereinafter provided, in any one or more voting precincts within said County or municipality; and thereafter said machine and any requisite number of same may be used for voting at all primaries and elections for public officers and at all regular, special and other elections held by or under the authority of any such county or munici pality in the State of Georgia, and on all questions and matters that may be submitted thereat, and at any general and all other elections hereafter held in any such county or municipality; or in any part thereof, and for receiving, registering and recording and counting the votes of the electors in such election district or districts, precinct or precincts such governing authorities shall direct.
Section 3. Be it further enacted by the authority aforesaid, that no voting machine shall be accepted or used unless it shall, at the time, satisfy the following requirements: It shall afford each elector an opportunity to vote in absolute secrecy; it shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted; that it enables each voter to vote, at any election, for any person and for any office for whom and for which he is law fully entitled to vote; and from voting for any candidate for the same office or upon any question more than once; it shall permit each voter to deposit, write in, or affix upon receptacles or a device provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine, if such vote is within the law; it shall have voting devices for separate candidates
1422
JOURNAL OF THE HOUSE,
and questions, which shall be arranged in separate rows or columns, so that, at any primary election, one or more adjacent rows or columns may be assigned to the candidates of a party, and shall have parallel office columns or rows transverse thereto; it shall provide for register ing of the votes of at least six hundred voters at any one election; it shall be so constructed that votes may be cast thereon for constitutional
amendments or any other public measure or question; it shall have a public counter or other device, the register of which is visible from the outside of the machine, which shall show during the period of voting the total number of voters who have operated the machine during said period of voting; it shall have a protective counter, or other device, which shall record the cumulative total number of movements of the operating mechanism; it shall be provided with a lock or locks, by the use of which, immediately after the polls are closed, or the operation of the machine for an election is completed, so that all movement of the registering mechanism is absolutely prevented; it shall be provided with a screen, hood or curtain; it shall be constructed of material of good quality, in a neat and workmanlike manner; it shall, when prop erly operated, register or record correctly and accurately, every vote cast; it may be either manually or electrically operated; an electric machine must convert to manual operation and the alternate type of operation must be a standard function of the machine and not to be designed as an emergency or temporary device only; it shall be so constructed and controlled, that during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate, and from tampering with any of the registering mechanism; it shall be safely transportable, it shall be so constructed that a voter may readily learn the method of operating it; it shall have a key or keys for the aforementioned lock or locks.
Section 4. Be it further enacted by the authority aforesaid, that the governing authorities adopting a voting machine or machines shall provide machines for all precincts where same are to be used, in com plete working order, and shall preserve and keep in repair the same, and shall have custody thereof, and the furniture and equipment of the polling places when not in use at an election.
Section 5. Be it further enacted by the authority aforesaid, that any voter who may state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, he is unable to use the voting machine, may upon request have assistance in voting as provided in Section 34-3201 of the Code of Georgia of 1933.
Section 6. Be it enacted by the authority aforesaid, further, that in any election district or precinct in which voting machines are pro vided any voter, but only when required by his regular business and habitual duties to be absent from the county, municipality, ward, dis trict or precinct in which he is registered, may vote by complying with the provisions of the law of this State as contained in the Acts of the General Assembly of 1924, page 186, et. seq.
Section 7. Be it further enacted by the authority aforesaid, that the ballot-label shall be supplied by the official or officials charged
FRIDAY, MARCH 8, 1963
1423
by law with providing materials for the holding of an election or elec tions and shall be printed in black ink on clear material, of such size as will fit the machine and in plain, clear type, as large as the space will reasonably permit. The party name or other designation shall be prefixed to the list of candidates of such party. The order of the list of candidates of the several parties shall be arranged as is now provided by law, except that the lists may be arranged either horizontally or vertically but not horizontally and vertically, with the names of candi dates for office arranged transversely either under or opposite but not under and opposite the title of the office. The names of all candidates nominated or seeking nomination by a political party in accordance with law, shall appear either in adjacent rows or columns but not in adjacent rows and columns containing generally the names of candidates nomi nated or seeking nomination by such party. Except as herein provided, the form and arrangement of ballot-labels to be used at any election, shall be determined by the Ordinary of the county, or municipal execu tive committee or county executive committee, as the case may be, as nearly as may be in accordance with the provisions of the law pre scribing the form and arrangements of ballots at such election, and shall be furnished by him to the election managers of the respective voting or polling-places, who shall procure such further copies of the same, as may be necessary, at the cost of the county or party holding such election.
Section 8. Be it further enacted by the authority aforesaid, that the requisite number of ballot-labels for use in the voting machine or voting machines shall be provided for each polling-place for each elec tion district or precinct by the officer or officers now charged by law with furnishing such election districts or precincts with ballots, in such manner shall be furnished also all other necessary material for the use of voting machines in the case of all elections. The same officer or officers first referred to in this section shall, before the day of election, cause the proper ballot-labels to be put upon each machine corresponding with the sample ballot-labels herein provided for, and the machine or machines in every way to be put in order, set and adjusted, ready for use in voting when delivered at the polling-place. On the morning of the election, managers shall meet in said room before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters (except protective counters) are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be found that the voting machine has not been properly prepared for the election, or is not in perfect order, the said officer or officers charged in this Act with the duty of preparation of such machine shall be notified immediately; whereupon said officers shall make necessary corrections on the machines as will enable the managers of the election to properly conduct the same.
Section 9. Be it further enacted by the authority aforesaid, that ballots voted for any person whose name does not appear on the ballotlabel on the machine as a candidate for office are hereby referred to
1424
JOURNAL OF THE HOUSE,
as "Write-in" ballots. Such "write-in" ballots shall be deposited, written or affixed in or upon the receptacle or device for that purpose.
Section 10. Be it further enacted by the authority aforesaid, that as soon as the polls are closed, the voting machine or machines shall be locked against voting and the registering compartment opened in the presence of all the members of the election board of managers or super intendents or other persons who may be lawfully within the room, giving full view of the registering counters and one of said election managers shall announce in distinct tones the votes cast for each candidate and for and against the various constitutional amendments, questions and/or other propositions.
Section 11. Be it further enacted by the authority aforesaid, that the election managers shall then ascertain the number of votes which the candidates have received both by the machine and by the voting of irregular ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order of the officers as their titles are arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall sign a written certificate showing the results of such election. The transmis sion and delivery of said certificates by the managers of such election districts and all other papers of the election for the purpose of con solidation, the certifying of returns thereof, shall all be in compliance with the laws in force pertaining to election. When "write-in" ballots have been voted, they shall be returned, preserved and finally destroyed as is now provided by law in the case of other election ballots. The written certificate so made, after having been properly certified and signed, shall be distinctly and clearly read in the hearing of all persons present, and ample opportunity shall be given to compare the results so certified with the registering counters of the machine or machines. After such comparison and correction, if any is made, the election managers shall then close the registering compartment and lock same. Thereafter, the machine or machines shall remain locked and sealed for a period of at least 15 days; provided, however, that should the use of same be required at any subsequent election to be held within said 15 day period, the machine or machines may be opened at least 10 days prior to the date of such subsequent election: Provided, further, that same may be opened at any time upon order of a court of competent jurisdiction.
Section 12. Be it further enacted by the authority aforesaid, that if a method of election for any candidate, officers, or the voting on constitutional amendments or other questions or propositions is pre scribed by law, in which the use of voting machines is not possible or practicable, or in a case at any election, the number of candidates nomi nated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable at one or more precincts or districts, or if for any reason at any election the use of voting machines wholly or in part is not possible or practicable, the officer or officers now charged by law with furnishing such election districts or precincts with paper ballots may arrange to have the voting
FRIDAY, MARCH 8, 1963
1425
for any or all candidates or officers or on any or all constitutional amendments, questions, or propositions at such precincts or districts conducted by paper ballots. In such cases, ballots shall be printed for such candidates or officers, or for such constitutional amendments, questions or propositions, and the election conducted by the election officers as herein provided for, and the ballots counted and return thereof made in the manner required by law for such candidates or officers or for such constitutional amendments, questions, or proposi tions, in so far as paper ballots are used.
Section 13. Be it further enacted by the authority aforesaid, that when the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of election shall properly deliver to the Ordinary or others, as the case may be, or his duly authorized representative the keys of the machine or machines enclosed in a sealed envelope.
Section 14. Be it further enacted by the authority aforesaid, that the governing authorities shall designate a person or persons who shall have the custody of the voting machines of the county, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion by the county or municipality of the votes cast at any election, the govern ing authorities shall have the machines removed to the place of storage provided for in this section.
Section 15. Be it further enacted by the authority aforesaid, that the list of offices and candidates, and the statements of questions on the voting machines shall be deemed an "official ballot". And that as used in this Act:
1. The words "ballot-labels" shall mean the cards, paper or ma terial, containing the names of offices and candidates and statements of questions to be voted on;
2. The word "diagram" shall mean an illustration of the official ballot, when placed upon the machines, showing the names of the parties, offices, and candidates, and statements of the questions, in their proper places, together with the voting devices therefor, and shall be considered a specimen ballot;
3. The word "Question" shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election;
4. The words "write-in ballot" shall mean the paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot-labels;
5. The words "registering counters" shall mean the counters on which are registered numerically the votes cast for candidates, and on questions, respectively;
1426
JOURNAL OF THE HOUSE,
6. The words "public counter" shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at any election;
7. The words "protective counter" shall mean a counter or pro tective device or devices that will register each time the machine is oper ated, and shall be constructed and so connected that it cannot be reset, altered, or operated, except by operating the machine;
8. The word "custodian" shall mean the person charged with the duty of testing and preparing the voting machine for the election, and instructing the election officers in the use of the voting machine;
9. The words "election" and "elections", whenever used in this Act, shall be held to include and mean all regular, special, primary or other elections held under or by the authority of any county or municipality in the State of Georgia, also any general and all other elections here after held in such county, or in any part thereof, or in such municipality, or in any part thereof;
10. The words "registering compartment" shall mean that part of the voting machine containing the registering counters.
Section 16. Be it further enacted by the authority aforesaid, that any election officer, and manager, or other person who shall violate any of the provisions of this Act, or who shall tamper with, or injure, or attempt to injure, any voting machine to be used in or being used in any election, or who shall prevent or attempt to prevent, the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key or keys to a voting machine to be used or being used in an election, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to undergo imprisonment for not more than one year or to pay a fine not exceeding one thousand dollars ($1,000.00), or both, in the discretion of the court.
Section 17. Be it further enacted by the authority aforesaid, that except as modified by the provisions of this Act, the general laws regulating general, regular, special, primary, and other elections, where not inconsistent with this Act, shall apply to all such elections, held in counties adopting the use of machines under the provisions of this Act. Any provisions of law which conflict with the use of such machine or machines as herein set forth, shall not apply to the election district or districts, precinct or precincts, in which an election is to be conducted by the use of such machine or machines. The provisions of this Act shall apply to all counties and municipalities in this State hereafter holding any election or elections in which voting machines are used.
Section 18. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was
FRIDAY, MARCH 8, 1963
1427
not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 19. Be it further enacted by the authority aforesaid, that all Acts or parts of Acts of the General Assembly, in conflict with the provisions of this Act, are hereby repealed, so far as the conduct of elections in political subdivisions adopting the use of voting machines
is concerned.
The report of the Committe, 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 Anderson Arnsdorff Bagby Barber Bedgood Bell Blair Blalock of Coweta Bowen of Dawson Bowen of Toombs Brantley Bynum Byrd Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Dorminy Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Hale
Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Kirkland Laite Lambert Lane Lewis Lindsey Lowrey Matthews of Clarke McClelland McCracken Meeks Melton Milhollin Mitchell Mixon
Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Overby Pafford Paris Parker Partridge Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Russell Sangster Scarborough Sewell Shaw Shea Shuman Sinclair Singer Smith of Forsyth Smith of Telf air Smith of Habersham
1428
Snow Spikes Stalnaker Steis Teague Towson
JOURNAL OF THE HOUSE,
Vaughn Waldrop Warren Watson Watts Wells of Peach
Wells of Oconee White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Andrews Ballard Baughman Black Blalock of Clayton Bolton Bowen of Randolph Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Busbee
Caldwell Conger Conner Crummey Davis Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Flynt Fowler of Treutlen Fulford Funk Gibbons
Greene Griffin
Groover Hall Harrell Hurst Johnson of Elbert Jones of Liberty Jones of Lumpkin Jordan of Calhoun Killian King
Knight of Berrien Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Logan Lokey Mackay Matthews of Colquitt McDonald McGarity McKemie Milford Morgan of Gwinnett Mullis Newton of Colquitt Odom
Payton
Perry of Marion Perry of Evans Phillips Pickard Raulerson Roberts Rodgers Roper Rowland Rutland Simmons Simpson Smith of Emanuel Smith of Whitfield Story Stuckey Tabb Todd Tucker of Catoosa Tucker of Burke Twitty
Underwood of Montgomery
Underwood of Taylor Walker Ware Wells of Camden Williams of Hall Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 247. By Messrs. Paris of Barrow, Knight of Berrien, and others: A Bill to be entitled an Act to provide that an insurer who settles a claim on behalf of an insured shall do so in the capacity of an inde pendent contractor; and for other purposes.
FRIDAY, MARCH 8, 1963
1429
The following substitute, offered by the Committee on Judiciary, was read:
A BILL
To be entitled an Act to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an inde pendent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; to provide that an insured may sue for and collect damages against a third party; to provide that one who has executed a release in settlement shall not thereafter assert any action or cross-action as to the claim so released; to provide that manner in which such a settled claim so asserted may be stricken; to provide that the plea of such release shall not bar the action of the person so pleading it; to provide for the redrafting of pleadings relative to such release; to provide that evidence as to such release shall not be admissible; to provide that a release participated in as agreed to by the person for whose benefit the release was given shall bar the claims of both parties thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
From and after the passage of this Act, any provision in an auto mobile liability insurance policy, or any other policy of insurance that gives to the insurer the right to settle any claim or claims, suit or suits for damages against the insured or for which the insured may be held liable, shall be construed as conferring upon the insurer the authority to settle such claim or claims as an independent contractor only and not to in anywise affect the insured's right to suit for or collect damages from one with whom he is involved in an automobile collision.
SECTION 2
Any settlement by an insurer or agent of any insurer made in be half of the insured of any claim or suit for damages against the insured shall in no wise affect the right of the insured to claim or collect damages against a third party.
SECTION 3
Any settlement made by an insurer, whatever be the language of the policy, issued to an insured shall not affect any insured's right to sue for or collect damages against a party with whom such insured has an automobile collision.
SECTION 4
Any person who has executed a release in settlement of his tort claim shall be thereafter barred from asserting such tort claim by action or cross-action in any courts of this State against any party for whose benefit such release was executed. Should such a settled claim
1430
JOURNAL OF THE HOUSE,
be so asserted it may be defeated by a special or equitable plea, and the release may be pleaded and proved by the party for whose benefit the release was given without affecting in any manner the right of such party to maintain a cause of action against the party executing the release, and where such a special or equitable plea has been sustained, the court shall require a recasting of the pleadings to eliminate any reference to said release. Evidence as to such release shall not be ad missible on the jury trial between the parties to such an action and any reference to such release in the presence of the jury shall be ground for a mistrial. Provided, however, that where a release is given in settlement of a tort claim and the person for whose benefit the release was given has actively participated in or expressly agreed to such settlement, said release may be pleaded as a bar to any action brought by the person executing the release or the person for whose benefit the release was given.
SECTION 5
In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsec tions, 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 unconstitutional.
SECTION 6
All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment offered by Mr. Abney of Walker was read and withdrawn.
The following amendment to the Committee substitute was read and adopted:
Mr. Cullens of Bartow moves to amend the Committee substitute to HB 247 by striking in its entirety the last sentence of Section 4 of said Bill.
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:
FRIDAY, MARCH 8, 1963
Those voting in the affirmative were Messrs.:
Abney Alien Arnsdorff Bagby Barber Bell Black Blair Blalock of Coweta Bowen of Dawson Branch Brantley Busbee Bynum Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Da vis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Etheridge Fleming Flournoy Floyd Fowler of Douglas Greene Hale Harrington Harris Henderson
Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Kirkland Knight of Berrien Laite Lane Lee of Clinch Lee of Dougherty Lewis Lindsey Lowrey Matthews of Colquitt Meeks Melton Milford Mitchell Mixon Moate Moore Morgan of Newton
Murphy Nessmith Newton of Jenkins Newton of Colquitt
Odom Overby
Those not voting were Messrs.:
Acree Anderson Andrews Ballard Baughman Bedgood Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Brackin
Brooks of Oglethorpe Brooks of Fulton Brown Byrd Caldwell Conger Conner Crummey Dicus Duncan of Fannin Duncan of Carroll
1431
Pafford Paris Parker Partridge Perry of Marion Peterson Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Sangster Scarborough Sewell Shaw Shea Shuman Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Stalnaker Steis Story Waldrop Warren Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson of Brantley
Echols Flynt Fowler of Treutlen Fulford Funk Gibbons Griffin Groover Hall Harrell Johnson of Elbert
1432
JOURNAL OF THE HOUSE,
Jones of Liberty Jones of Lumpkin Jordan of Calhoun Killian King Knight of Laurens Lambert Lee of Clayton Leonard Logan Lokey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Milhollin Morgan of Gwinnett
Mullis Payton Perry of Evans Phillips Pickard Ponsell Rhodes Rodgers Roper Rowland Russell Rutland Simmons Simpson Singer Smith of Emanuel Smith of Whitfield Spikes Stuckey Tabb
Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker Ware Watts Wells of Camden Williams of Hall Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed,
The Clerk was directed to correct a typographical error in Sec. 4 of HB 247 to change 'banned' to 'be barred'.
HB 477. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to prohibit the hunting of certain birds; and for other purposes.
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 Alien Arnsdorff
Bagby Barber Bedgood
Black Blair Blalock of Coweta
FRIDAY, MARCH 8, 1963
Bowen of Dawson Branch Brantley Busbee Bynum Byrd Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Deen of Bacon Dixon Dorminy Fleming Flournoy Floyd Fowler of Douglas Fulford Greene Groover Hale Harrington Harris Henderson Herndon Hill Horton Houston Hull Hurst Isenberg
Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton King Kirkland Knight of Berrien Lane Lee of Dougherty Lewis Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McClelland Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore
Murphy Nessmith Newton of Colquitt Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Marion Peterson
1433
Phillips Ponsell Poole Pope Poss Rainey Raulerson Richardson Roberts Roper Russell Sangster Scarborough Sewell Shaw Shea Shuman Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Teague Waldrop Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Anderson Andrews Ballard Baughman Bell Blalock of Clayton
Bolton Bowen of Randolph Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton
Brown Caldwell Conger Crummey Dean of Polk
DeVane Dicus Duncan of Fannin Duncan of Carroll Echols
Etheridge Flynt Fowler of Treutlen
Funk Gibbons Griffin Hall Harrell House Johnson of Elbert Jones of Liberty Jones of Lumpkin Jordan of Calhoun
Killian Knight of Laurens Laite
1434
JOURNAL OP THE HOUSE,
Lambert Lee of Clinch Lee of Clayton Leonard Logan Lokey Mackay McCracken McDonald McGarity McKemie Morgan of Gwinnett Morgan of Newton Mullis Payton
Perry of Evans Pickard Reaves Rhodes Rodgers Rowland Rutland Simmons Simpson Smith of Emanuel Smith of Whitfield Stuckey Tabb Todd Towson
Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker Ware Warren Watts Wells of Camden Williams of Hall Woodward Mr. Speaker
On the passage of the Bill, the ayes were 122, 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 and Senate were again taken up for considera tion:
HB 320. By Messrs. Chandler of Baldwin, Dorminy of Ben Hill, and others: A Bill to be entitled an Act to amend the Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gasoline used on navigable waters; and for other purposes.
the following amendment was read and adopted:
Mr. Isenberg of Glynn moves to amend HB 320 as follows:
By adding at the end of Section 2 the following:
"Provided, however, that nothing contained herein shall apply to the purchase of gasoline by any operators of water craft which contains a gasoline storage capacity in excess of 35 gallons and purchases by such operators are made at any facility located upon any part of what is commonly known as the Intercoastal Waterway. The tax on such purchases shall be refundable."
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:
FRIDAY, MARCH 8, 1963
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Barber Bedgood Black Blair Blalock of Coweta Bolton Bowen of Randolph Branch Busbee Bynum Byrd Carr Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Deen of Bacon DeVane Dixon Dorminy Echols Etheridge Flournoy Flynt Fowler of Douglas Harrington Harris Henderson Herndon Horton House Houston
Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Keadle Kelly Kirkland Lambert Lane Lee of Clinch Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Colquitt McClelland Meeks Melton Milhollin Mitchell Mixon Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Overby Pafford Paris Parker Partridge Perry of Marion Peterson Ponsell
Those not voting were Messrs.:
Acree Andrews Bagby Ballard Baughman Bell Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Brantley
Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Causby Chance Conger Conner Crummey Dean of Polk Dicus
1435
Poole Pope Poss Raulerson Reaves Roberts Russell Sangster Scarborough Sewell Shaw Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Teague Towson Underwood of
Montgomery Vaughn Waldrop Warren Watts Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Dune an of Fannin Duncan of Carroll Fleming Floyd Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover
1436
JOURNAL OF THE HOUSE,
Hale Hall Harrell Hill Hull Jones of Liberty Jones of Lumpkin Jordan of Ployd Jordan of Calhoun Keyton Killian King Knight of Laurens Knight of Berrien
Laite Lee of Clayton Leonard
Logan Lokey Matthews of Clarke
McCracken McDonald McGarity McKemie Milford Morgan of Gwinnett Mullis Odom Payton Perry of Marion Phillips Pickard Rainey Rhodes
Richardson Rodgers Roper
Rowland Rutland Shea
Singer Smith of Emanuel Smith of Whitfield Story Stuckey Tabb Todd Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Walker Ware Watson
Wells of Camden Williams of Hall Woodward
Mr. Speaker
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.
SB 82. By Senator Harrison of the 48th:
A Bill to be entitled an Act to authorize the Commissioner of Agriculture to determine, establish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; and for other purposes.
The following amendments were read and adopted :
Mr. Newton of Colquitt moves to amend SB 82 by adding at the end of Section 3, the words "such certificate shall be issued without charge and shall be issued upon request to the Commissioner."
Mr. Newton of Colquitt moves to amend SB 82 as follows:
By striking Section 2 (a) in its entirety and inserting in lieu thereof the following:
"It shall be unlawful for any dealer or broker to sell, offer for sale or hold for the purpose of sale in this State any citrus fruit without clearly imprinting thereon or attaching thereto a label or other marking of such size or such form as the Commissioner may specify which shall plainly and legibly show the classification,
FRIDAY, MARCH 8, 1963
1437
grade and standard to which the same belongs. It shall further be unlawful to sell, offer for sale or hold for the purpose of sale any citrus fruit not labeled as required by this Act or as shall be prescribed by the Commissioner. Whenever citrus fruit are offered for sale or held for the purpose of sale packed in a container other than an airtight container, such container shall have affixed a label of such size as may be prescribed by the Commissioner on which shall be plainly and legibly printed the classification, grade and standard to which the contents of such container belong."
By amending Section 2 (c) as follows:
By striking from the first sentence thereof the words "not less than two (2) inches in diameter or of such other size" and
By striking from the second sentence thereof the words "not less than two (2) inches by four (4) inches or of such other size."
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 Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brown Byrd Carr Causby Chance Chandler
Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Been of Bacon DeVane Dorminy Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Greene Harrington Henderson Herndon Hill Houston Hull Hurst Isenberg
Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton Killian King Lambert Lane Lee of Clayton Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Melton Milford Milhollin Mitchell
1438
JOURNAL OP THE HOUSE,
Mixon Moate Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Overby Pafford Paris Parker Partridge Perry of Marion Peterson Ponsell Poole Pope Poss
Raulerson Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Forsyth Smith of Telf air Smith of Habersham Snow
Stalnaker Steis Stuckey Teague Todd Tucker of Burke Underwood of
Montgomery Vaughn Warren Watson Watts Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Dean of Polk Harris
House
Lee of Dougherty
Those not voting were Messrs.:
Acree Andrews Baughman Blalock of Clayton Brooks of Oglethorpe Brooks of Fulton Busbee Bynum Caldwell Clarke of Monroe Conger Conner Crummey Davis Dicus Dixon Duncan of Fannin Duncan of Carroll Funk Gibbons Griffin Groover Hale Hall
Harrell Horton Jones of Liberty Jones of Worth Jordan of Calhoun Keadle Kelly Kirkland Knight of Laurens Knight of Berrien Laite Lee of Clinch Logan Lokey McCracken McDonald McGarity Morgan of Gwinnett Mullis Odom Payton Perry of Evans Phillips Pickard
Rainey Rodgers Rowland Rutland Shuman Singer Smith of Emanuel Smith of Whitfield Spikes Story Tabb Towson Tucker of Catoosa Twitty Underwood of Taylor Waldrop Walker Ware Wells of Peach Wells of Camden Wilson of Brantley Mr. Speaker
On the passage of the Bill, as amended, the ayes were 131, nays 4.
FRIDAY, MARCH 8, 1963
1439
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 98. By Senator Fuqua of the 22nd: A Bill to be entitled an Act to amend Code Title 109A, "Known as the Uniform Commercial Code", so as to define a public sale; and for other purposes.
The following amendments were read and adopted:
Messrs. Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens move to amend SB 98 as follows:
By striking the last two phrases of Code Section 109A-9-310, which Code Section is quoted in Section 29 of said Bill, which read as follows:
"and if record thereof is made prior to the perfection of the subject security interest, and if the subject security interest is not a purchase money security interest."
and substituting in lieu thereof the following:
"and if record thereof is made prior to the filing of the subject security interest."
Mr. Bowen of Randolph moves to amend SB 98 by striking the date of August 1, 1963 in Section 37 and substituting in lieu thereof the date January 1, 1964.
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 Alien Anderson Arnsdorff Bagby Barber Bedgood Bell Black
Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brown Busbee
Bynum Byrd Carr Causby Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Davis
1440
JOURNAL OF THE HOUSE,
Dean of Polk Been of Bacon DeVane Dixon Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Greene Groover Harrington Harris Herndon Hill Horton House Houston Hull Hurst Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clayton
Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Payton Perry of Marion Peterson Ponsell Poole Pope Poss Raulerson Reaves
Rhodes Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Shumans Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Todd Underwood of
Montgomery Vaughn Waldrop Warren Watts Wells of Oconee White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Voting in the negative was Mr. Murphy
Those not voting were Messrs.:
Acree Andrews Ballard Baughman Blalock of Clayton Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Caldwell Chance Clarke of Monroe
Conger Conner Crummey Cullens Dicus Dorminy Duncan of Fannin Duncan of Carroll Fulford Funk Gibbons Griffin
Hale Hall Harrell Henderson Isenberg Johnson of Warren Jones of Liberty Jordan of Calhoun King Knight of Laurens Knight of Berrien Laite
FRIDAY, MARCH 8, 1963
Lane Lee of Clinch Leonard Logan Lokey McCracken McDonald McGarity Morgan of Gwinnett Mullis Overby Perry of Evans Phillips
Pickard Rainey Rodgers Roper Rowland Rutland Smith of Emanuel Smith of Whitfield Story Stuckey Tabb Teague Towson
1441
Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Walker Ware Watson Wells of Peach Wells of Camden Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed as amended.
Mr. Bolton of Spalding moved that the House do now adjourn until 10:00 o'clock A.M., Monday, March 11, 1963, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock A.M., Monday, March 11, 1963.
1442
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, March 11, 1963
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 Reverend L. Y. Lewis, Pastor, Midway Baptist Church, Cairo, Ga.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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 day 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 Rules of the House were suspended for the pur pose of permitting the first reading of all House Bills and Resolutions introduced today.
MONDAY, MARCH 11, 1963
1443
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, March 11, 1963, and submits the following:
HB
87. Highway Director, negotiate contracts
HB 100. Educational television
HB 127. Injure property, electrical system
HB 140. Old Age & Survivors insurance, certain officers
HR 86-157. Retirement systems, invest in home loan
HR 87-157. Home building industry, own insuring
HB 272. Drivers' license, fee'
HR 120-307. Surrender of sovereignty by States
HB 348. Sheriff's Retirement Bill
HB 355. Employment Security Agency, offices
HB 392. Protective coverings, trucks
HB 398. Provisions concerning banks
HB 401. Voting by mail, amend
HB 418. Qualification fee, general election
HB 429. Board of Health, duties
HB 432. Applied psychologists, license
HB 443. Georgia Ports Authority, amend
HB 444. Create new Judicial Circuit
HB 445. Timber, action in trover
HR 163-445. Scholarships for dental students
HB 452. Make public name of child, change age limit
HR 166-470. Designate Alva Hopkins Bridge
HR 167-477. Judge Superior Court Mileage
HB 487. Relating to entering and stealing
HB 492. Amend adoption laws
HB 500. Trust funds, invest in real estate loans
HB 509. Probation Act, amend
HB 511. Registration of boats
HB 512. Agreement with other States, taking waterfowl
1444
JOURNAL OF THE HOUSE,
HB 517. Public Service Commission, salaries (postponed 3-11-6)
HB 527. School laws, 12th grade
HB 535. Relating to debt due by garnishee (postponed 3-11-63)
HR 184-535. Assess license fees, county authorities
HR 185-535. Forward Georgia Commission, create
HB 556. Fees of an auditor
HB 557. Fees of an auditor, taxed by judge
HB 563. Criminal trials, jury
HB 601. Constitutional officers, salary
HB 613. Rabbit bill
HB 628. Alapaha Judicial Circuit, amend
HB 630. Detaching territory, municipality
SR
7. Four year term, State Senators
SR
24. Election Laws Study Committee, create
SB
83. Survivors' Benefits, retirement system
SB
84. Survivors' Benefits, alternate method
HB 421. Industrial Loan Business, study commission
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham,
Secretary
By unanimous consent, the following Bills and Resolutions of the House were read for the first time and referred to the Committees:
HB 660. By Messrs. Bell, Fleming and Hull of Richmond:
A Bill to be entitled an Act to amend an Act relating to additional duties of the Clerks of the Superior Courts, so as to provide that said Clerk may provide a suitable cross-reference card-index system for the records; and for other purposes.
Referred to the Committee on Judiciary.
HB 661. By Messrs. Dicus and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners in certain counties; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, MARCH 11, 1963
1445
HB 662. By Mr. Wilson of Cobb:
A Bill to be entitled an Act to create a Chairman and Board of Com missioners of Roads and Revenues for Cobb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 663. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Brooks County relating to the compensation of the Clerk; and for other purposes.
Referred to the Committee on Local Affairs.
HB 664. By Mr. Snow of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville; to authorize the mayor and council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value of all property; and for other purposes.
Referred to the Committee on Local Affairs.
HB 665. By Mr. Snow of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville, so as to authorize the Mayor and Council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property; and for other purposes.
Referred to the Committee on Local Affairs.
HB 666. By Messrs. Mackay, Harris and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to provide for the suspension of certain re quirements when an urban redevelopment area has been designated a disaster area; and for other purposes.
Referred to the Committee on Judiciary.
HB 667. By Messrs. Groover, Laite and House of Bibb: A Bill to be entitled an Act to amend an Act to establish a Board of Commissioners for Bibb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 668. By Messrs. Groover, Laite and House of Bibb: A Bill to be entitled an Act to amend an Act codifying all former Acts relating to and dealing with the Municipal Court of the City of Macon,
1446
JOURNAL OP THE HOUSE,
so as to establish and create in lieu thereof a Civil Court of Bibb County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 669. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as the Urban Redevelopment Law in counties having a population of 250,000 and not more than 500,000; and for other purposes.
Referred to the Committee on Local Affairs.
HR 234-669. By Messrs. Mackay, Harris and Rutland of DeKalb: A Resolution to create for the citizens of DeKalb County a Commission to study public safety; and for other purposes.
Referred to the Committee on Local Affairs.
HB 670. By Messrs. Groover and House of Bibb: A Bill to be entitled an Act to authorize municipalities to enact ordi nances making it unlawful to sell or possess non-tax paid alcoholic beverages; and for other purposes.
Referred to the Committee on Judiciary.
HB 671. By Mr. Williams of Hall: A Bill to be entitled an Act to amend an Act providing for the posting and returning of bonds to employers relative to Workman's Compensa tion, so as to provide for the return of bonds to self-insurers; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 672. By Mr. Williams of Hall: A Bill to be entitled an Act to amend Code Section 114-107, relating to workman's compensation, so as to provide that Code Title 114 shall not apply to certain employers and employees unless such employers volun tarily elect to be bound by said Code Title; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 673. By Mr. Byrd of Walton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton County, so as to pro vide that the Board may employ persons to conduct a tax equalization program for Walton County; and for other purposes.
Referred to the Committee on Local Affairs.
MONDAY, MARCH 11, 1963
1447
HB 674. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Irwin County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 675. By Messrs. House, Groover and Laite of Bibb:
A Bill to be entitled an Act directing the City of Macon to close vacate, abandon land discontinue the use of a portion of the Old City Cemetery, located in and adjacent to Square 35, Old City, in the City of Macon, for cemetery purposes; and for other purposes. Referred to the Committee on Local Affairs.
HR 235-675. By Mr. McDonald of White:
A Resolution authorizing the transfer of certain real property located in White County; and for other purposes.
Referred to the Committee on State Institutions and Property.
HB 676. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester; and for other purposes.
Referred to the Committee on Local Affairs.
HB 677. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to amend the charter of the City of Valdosta, relating to elections; and for other purposes.
Referred to the Committee on Local Affairs.
HB 678. By Messrs. Lowndes and Gibbons of Lowndes:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Valdosta; and for other purposes.
Referred to the Committee on Local Affairs.
HB 679. By Mr. Roper of Greene:
A Bill to be entitled an Act to create the Greene County Development Authority; and for other purposes.
Referred to the Committee on Local Affairs.
1448
JOURNAL OF THE HOUSE,
HR 236-679. By Mr. Acree of Towns:
A Resolution creating a interim legislative committee to study the operation and facilities at Battey State Hospital; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 680. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act which provides for the retirement and payment of pensions to the Judges and Solicitor General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 681. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Bill to be entitled an Act to authorize the solicitor-general of the Superior Court in certain counties to appoint certain investigators; and for other purposes.
Referred to the Committee on Local Affairs.
HB 682. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Newton County; and for other purposes.
Referred to the Committee on Local Affairs.
HB 683. By Messrs. Mackay, Rutland and Harris of DeKalb: A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to delete the provision excepting businesses subject to regulation by the State Public Service Commission from the assessment of license fees, charges or taxes on such businesses; and for other purposes.
Referred to the Committee on Local Affairs.
HR 238-683. By Mr. Smith of Habersham: A Resolution to compensate Ed. Lonzo Smith; 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:
MONDAY, MARCH 11, 1963
1449
HB 632. By Mr. Brantley of Candler:
A Bill to be entitled an Act to amend an Act providing that the authorities of any municipal corporation shall not levy or collect any tax or license from a traveling salesman engaged in taking orders for the sale of goods where no delivery of goods is made at the time of taking such orders; and for other purposes.
HR 216-632. By Messrs. Matthews and Newton of Colquitt:
A Resolution compensating Mr. George Rufus Hanna; and for other purposes.
HB 633. By Messrs. Shea, Richardson and Funk of Chatham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Pooler; and for other purposes.
HB 634. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Henry County; and for other purposes.
HB 635. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend an Act to consolidate, amend and codify the various Acts incorporating the Town of McDonough, so as to change the corporate limits; and for other purposes.
HR 218-635. By Mr. Wilson of Brantley: A Resolution to compensate Mr. Gabriel Strickland; and for other purposes.
HB 636. By Messrs. Towson of Laurens and Spikes of Troup: A Bill to be entitled an Act to amend an Act relating to the imposition, rate of computation and exemptions from income taxation, so as to clarify the taxation of distributions from a trust exempted from tax ation by Code Sections 92-3105; and for other purposes.
HB 637. By Mr. Conner of Jeff Davis: A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to include pulpwood in the exclusion from load length requirements; and for other purposes.
1450
JOURNAL OF THE HOUSE,
HB 638. By Messrs. Floyd of Chattooga, Bedgood of Clarke, Richardson, and Shea of Chatham, Groover of Bibb, Horton of Putnam and others:
A Bill to be entitled an Act to amend an Act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes.
HB 639. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act incorporating the Town of McDonough, now the City of McDonough; and for other purposes.
HB 640. By Messrs. Rutland, Harris and Mackay from DeKalb:
A Bill to be entitled an Act to amend an Act providing for the purposes for which County taxes may be levied and collected so as to add to such purposes slum clearance and redevelopment work, including the acqui sition and clearance of areas which are predominantly slum or blighted areas and the preparation of such areas for reuse and sale; and for other purposes.
HB 641. By Mr. Underwood of Taylor:
A Bill to be entitled an Act to create a Georgia State Board of Dent istry; and for other purposes.
HB 642. By Mr. Smith of Forsyth:
A Bill to be entitled an Act to create a one member Commissioner of Roads and Revenues for Foryth County; and for other purposes.
HB 643. By Mr. Smith of Habersham:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Habersham County, so as to change the compensation of the Board of Commissioners; and for other purposes.
HB 644. By Mr. Smith of Habersham:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector into the Office of Tax Commission, so as to change the compensation of the Clerk; and for other purposes.
HB 645. By Mr. Jones of Muscogee:
A Bill to be entitled an Act to amend an Act providing a penalty con tributing to conditions which render certain children delinquent, so as to require that any person contributing to delinquency shall be guilty of a misdemeanor; and for other purposes.
MONDAY, MARCH 11, 1963
1451
HB 646. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and for other purposes.
HB 647. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to construct roads; and for other purposes.
HB 648. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to construct sanitary sewers within any unincorpo rated areas of the county under certain conditions; and for other purposes.
HB 649. By Messrs. Fleming, Hull and Bell 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 for the City Council of Augusta; and for other purposes.
HB 650. By Messrs. Hale of Bade, Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act regulating professional fund raising; and for other purposes.
HR 219-650. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Resolution to create for the Citizens of DeKalb County a Commission to study the administration of justice; and for other purposes.
HB 651. By Messrs. Bagby of Paulding and Cullens of Bartow:
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, shall be deemed to impart certain implied warranties to ultimate consumer; and for other purposes.
HB 652. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Dooly, so as to change the salary of the Tax Commissioner; and for other purposes.
1452
JOURNAL OP THE HOUSE,
HB 653. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, relating to the Commissioners salary; and for other purposes.
HB 654. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Commerce; and for other purposes.
HB 655. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act incorporating the City of Hoschton, so as to remove certain property from the corporate limits of said City; and for other purposes.
HB 656. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Jackson, relating to the dis tribution of U.S. Department of Agriculture surplus commodities; and for other purposes.
HB 657. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to authorize the leasing of State Parks and related facilities to public authorities; and for other purposes.
HB 658. By Mr. Flournoy of Cobb:
A Bill to be entitled an Act to create a Court to be known as the "Civil Court of Cobb County"; to define its jurisdiction and powers; to abolish the Justice Court for the 898th District, to abolish the office of Justice of the Peace and Notary Public, Ex Officio Justice of the Peace and the office of Constable; and for other purposes.
HB 659. By Messrs. Teague and Flournoy of Cobb:
A Bill to be entitled an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County; and for other purposes.
SR 64. By Senators Conway of the 41st and Jackson of the 16th:
A Resolution creating the Governor's Commission for Scientific Research and Development; to provide for the appointment of the members thereof; to prescribe their term of office and compensation; and for other purposes.
MONDAY, MARCH 11, 1963
1453
SB 120. By Senator Carlton of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, so as to increase the corporate limits of said city; and for other purposes.
SB 126. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to amend an Act to create the Cobb CountyMarietta Water Authority; and for other purposes.
SB 129. By Senator Owens of the 49th:
A Bill to be entitled an Act to create a City Court in certain counties in this State; to provide the place and times of holding said court; and for other purposes.
SB 134. By Senators Johnson of the 38th, Brown of the 34th and Wesberry of the 37th and others:
A Bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes.
SB 135. By Senators Brown of the 34th, Brewer of the 39th and Maclntyre of the 40th:
A Bill to be entitled an Act to provide in all counties of 500,000 or more population according to the U.S. Census of 1960 or any future U.S. Census that the Pension Board of the Board of Education shall re compute the pension paid to those teachers and employees who had retired prior to April 1, 1955 and who had been awarded a basic pension for twenty years of service; and for other purposes.
SB 136. By Senators Brown of the 34th, Brewer of the 39th, and Maclntyre of the 40th and others:
A Bill to be entitled an Act applying to counties having a population of 500,000 or more by the U.S. Census of 1960 or any future U.S. Census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and fire men; and for other purposes.
SB 137. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hos pital, so as to provide that aliens may be committed; and for other purposes.
1454
JOURNAL OF THE HOUSE,
SB 138. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend an Act providing for observation of mentally ill persons and their hospitalization, to provide that psychi atric hospitals owned by the State shall receive aliens; and for other purposes.
SB 139. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 35-2, relating to the administration of the Milledgeville State Hospital in Baldwin County; and for other purposes.
Mr. Murphy of Haralson 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 recommendation:
HB 498. Do Pass, by Substitute. Respectfully submitted,
Murphy of Haralson, Chairman.
Mr. Hale of Bade 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:
SB 104. Do Pass. HR 205-608. Do Pass. HB 502. Do Pass. HB 569. Do Pass. HB 570. Do Pass. HB 603. Do Pass. HB 604. Do Pass. HB 606. Do Pass.
MONDAY, MARCH 11, 1963
1455
HB 607. Do Pass. HB 608. Do Pass. HB 611. Do Pass. HB 614. Do Pass. HB 615. Do Pass. HB 616. Do Pass. HB 617. Do Pass. HB 618. Do Pass. HB 619. Do Pass. HB 620. Do Pass. HB 621. Do Pass. HB 624. Do Pass. HB 469. Do Pass. HB 629. Do Pass. HB 124. Do Pass, as Amended. HB 625. Do Pass, as Amended.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Williams of Hall 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 637. Do Pass.
Respectfully submitted,
Williams of Hall, Chairman.
Mr. Bolton of Spalding 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-
1456
JOURNAL OF 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 64. Do Pass. Respectfully submitted, Bolton of Spalding, Vice-Chairman.
Mr. Towson of Laurens 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 572. Do Pass. HB 636. Do Pass.
Respectfully submitted, Towson of Laurens, 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 Bills of the House, and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 561. Do Pass.
HB 562. 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 requests that the following Bill of the House be returned to the Senate:
MONDAY, MARCH 11, 1963
1457
HB 174. By Mr. Simmons of Banks:
A Bill to be entitled an Act to amend an Act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; 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 Substitute to the following Bill of the Senate:
SB 45. By Senators Zorn of the 6th, McKinnon of the 7th and others:
A Bill to amend Code Section 24-2720, relating to the authority of clerks of the superior courts, so as to authorize the clerks to collect recording fees in advance; and for other purposes.
The Senate has agreed to the House amendment to the following Resolution of the Senate:
SR 22. By Senators Wesberry of the 37th, Salome of the 36th and others: A Resolution proposing an amendment to Article XI of the Constitution of the State of Georgia.
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 143. By Messrs. Shea, Punk and Richardson of Chatham: A Bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of Savannah; and for other purposes.
HB 213. By Mr. Shaw of Long: A Bill to amend an Act establishing a City Court of Ludowici; and for other purposes.
1458
JOURNAL OF THE HOUSE,
HB 312. By Messrs. Hull and Bell of Richmond and others:
A Bill to be known as the "Apartment Ownership Act"; and for other purposes.
HB 434. By Mr. Herndon of Appling:
A Bill to establish the number of votes necessary for the Board of Education of Appling County to take official action; and for other purposes.
HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House to-wit:
HB 255. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to amend an Act relating to the charter of the City of Columbus, providing a pension system for retired officers and employees and the dependents of officers and employees of said city; and for other purposes.
HB 257. By Messrs. Pickard, Jones and Dicus of Muscogee:
A Bill to amend the charter of the City of Columbus, establishing pensions for certain officers and employees who are not disabled on the basis of period of service and age; and for other purposes.
HB 433. By Mr. Herndon of Appling:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling; and for other purposes.
HB 441. By Messrs. Vaughn of Rockdale and Rutland of DeKalb:
A Bill to provide security officers of the Stone Mountain Memorial Association; and for other purposes.
HB 448. By Mr. Anderson of Pulaski:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Pulaski County into the office of Tax Commissioner of Pulaski County; and for other purposes.
MONDAY, MARCH 11, 1963
1459
HB 457. By Messrs. Gibbons and Walker of Lowndes:
A Bill to amend an Act providing for a supplement to the compensation of the Judge of the Superior Courts of the Southern Judicial Circuit; so as to change the proportionate share paid by Lowndes County; and for other purposes.
HB 494. By Messrs. Land and Nessmith of Bulloch:
A Bill to amend an Act creating a new charter for the City of Statesboro; and for other purposes.
HB 503. By Mr. Conner of Jeff Davis:
A Bill to amend an Act re-incorporating the City of Hazelhurst, so as to re-define the corporate limits of said city; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to-wit:
SR 79. By Senator Wesberry of the 37th:
A Resolution commending the Georgia Winners and runners-up in the National Council of Teachers of English Achievement Awards; and for other purposes.
SB 124. By Senators Coggin of the 35th, Miller of the 50th and others:
A Bill to provide that each employee in the State of Georgia shall be permitted by his employer to have sufficient time off to vote in primaries and elections for which such employee is qualified and registered to vote; and for other purposes.
SB 114. By Senator Kidd of the 25th:
A Bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; to define its jurisdiction and powers; and for other purposes.
SB 140. By Senator Noble of the 19th:
A Bill to amend an Act creating a new charter for the City of Rochelle, Wilcox County, Georgia, approved March 3, 1962 (Ga. L. 1962, p. 2791) so as to provide for the payment of a salary for the mayor and alder man of the City of Rochelle, Wilcox County, Georgia; and for other purposes.
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SB 144. By Senator Noble of the 19th:
A Bill to amend an Act incorporating the Town of Cochran under the corporate name and style "City of Cochran"., approved Aug. 15, 1904 (Ga. L. 1904, p. 407), as amended, so as to create a Zoning Commission for said City; and for other purposes.
SR 73. By Senators Pannell of the 54th, Jackson of the 16th and others:
A Resolution abolishing the Government Operations Committee of the Senate; and for other purposes.
SB 131. By Senator Pannell of the 54th:
A Bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved Feb. 1, 1950 (Ga. Laws 1950, p. 50), as amended, so as to provide for the filing of a notice in connection with disability benefits; and for other purposes.
SB 145. By Senator Miller of the 50th:
A Bill to provide the Governor-Elect with certain information and facilities from the time of his election until the time of his inauguration; to repeal conflicting laws; and for other purposes.
SR 65. By Senators Conway of the 41st and Broun of the 46th:
A Resolution providing for a study of subsidies offered to attract new industry and other matters relative thereto; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 24. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill creating in each county, city and town an Industrial Development Authority; and for other purposes.
HB 330. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act providing for the holding of Bar Examinations, so as to authorize the Justices of the Supreme Court to fix the dates for holding two examinations each calendar year; and for other purposes.
HR 28. By Messrs. Walker and Gibbons of Lowndes:
A Resolution to compensate Wainer Construction Company, Inc., (High way Dept.); and for other purposes.
MONDAY, MARCH 11, 1963
1461
HR 35. By Mr. Kirkland of Tattnall: A Resolution to compensate Henry C. Kennedy; and for other purposes.
HR 37. By Mr. Williams of Hall: A Resolution to compensate Mr. Tex Jones; and for other purposes.
HR 45. By Messrs. Teague, Flournoy and Wilson of Cobb: A Resolution compensating Mrs. Mollie B. Lane; and for other purposes.
HR 61. By Mr. Knight of Berrien: A Resolution to compensate Irvin David Suggs; and for other purposes.
HR 105. By Mr. Laite of Bibb: A Resolution to compensate Emory E. Griffin; and for other purposes.
HR 107. By Mr. Rainey of Crisp:
A Resolution to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the U.S.; and for other purposes.
HR 116. By Mr. Wilson of Cobb: A Resolution to compensate Alien J. Faulkner; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 305. By Messrs. Fleming, Bell and Huff of Richmond:
A Bill to amend an Act to provide methods of service upon persons where service of notice is required; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to-wit:
SB 148. By Senator Pannell of the 54th:
A Bill to amend an Act creating the Jekyll Island State Park Authority (Ga. Laws 1950, pp. 152-162), as amended, so that the Authority may be known as the "Jekyll Island-State Park Authority"; and for other purposes.
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The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to-wit:
SR 85. By Senator Coggin of the 35th:
A Resolution to commemorate the centennial of the birth of Henry Ford, founder of Ford Motor Company, and to acknowledge his pro found and lasting contributions to this nation's progress; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 5. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill creating the Georgia Department of Youth; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read and referred to the Committees:
SR 65. By Senators Conway of the 41st and Broun of the 46th:
A Resolution providing for a study of subsidies offered to attract new industry and other matters relative thereto; and for other purposes.
Referred to the Committee on Rules.
SR 73. By Senators Pannell of the 54th, Jackson of the 16th and Gayner of the 5th:
A Resolution abolishing the Government Operations Committee of the Senate; and for other purposes.
Referred to the Committee on Rules.
SB 114. By Senator Kidd of the 25th:
A Bill to be entitled an Act to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; and for other purposes.
Referred to the Committee on Local Affairs.
SB 124. By Senators Coggin of the 35th, Miller of the 50th, Downing of the 1st and Searcey of the 2nd:
A Bill to be entitled an Act to provide that each employee in the State of Georgia shall be permitted by his employer to have sufficient time
MONDAY, MARCH 11, 1963
1463
off to vote in primaries and elections for which such employee is qualified and registered to vote; and for other purposes.
Referred to the Committee on Rules.
SB 131. By Senator Pannell of the 54th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide for the filing of a notice in connection with disability benefits; and for other purposes.
Referred to the Committee on Rules.
SB 140. By Senator Noble of the 19th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rochelle, Wilcox County, Georgia, so as to provide for the payment of a salary for the mayor and aldermen of the City of Rochelle; and for other purposes.
Referred to the Committee on Local Affairs.
SB 144. By Senator Noble of the 19th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Cochran under the corporate name and style "City of Cochran", as amended, so as to create a Zoning Commission for said City; and for other purposes.
Referred to the Committee on Local Affairs.
SB 145. By Senator Miller of the 50th:
A Bill to be entitled an Act to provide the Governor-Elect with certain information and facilities from the time of his election until the time of his inauguration; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
SB 148. By Senator Pannell of the 54th:
A Bill to be entitled an Act to amend an Act creating the Jekyll Island State Park Authority, as amended, so that the Authority may be known as the "Jekyll Island-State Park Authority"; and for other purposes.
Referred to the Committee on Rules.
The following Resolution of the House was read and adopted:
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HR 237. By Messrs. Cullens of Bartow, Bagby of Paulding, Bolton of Spalding, Conger of Decatur, and Moate of Hancock:
A RESOLUTION
Commending Honorable D. B. Blalock; and for other purposes.
WHEREAS, Honorable D. B. Blalock, the gentleman from Coweta, has served with distinction as the dignified Chairman of the House Appropriations Committee; and
WHEREAS, he has exhibited a superior degree of fairness and impartiality in presiding over such an important committee, particularly in this year of a new Appropriations Act; and
WHEREAS, he rendered a great service in presiding over the Committee of the Whole House when it considered the General Appro priations Bill and his rulings and wit served to lessen the tension of the members at that particular session; and
WHEREAS, he is a veteran legislator and highly respected and loved by his fellow members.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable D. B. Blalock is hereby com mended for his excellent service as Chairman of the House Appropri ations Committee, and for his fairness and impartiality in presiding over the Committee of the Whole House when considering the General Appropriations Bill.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable D. B. Blalock.
The following Resolution of the House was read and referred to the Com mittee on Special Judiciary:
HR 239. By Messrs. Brooks of Oglethorpe, Matthews of Clarke, Walker of Lowndes; 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 1959, 1960, 1961, and 1962 accomplished outstanding results in the educational field giving to the Legislature much vital and needed information to improve operation of the educational system; and
MONDAY, MARCH 11, 1963
1465
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 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 Chairman of said Committee shall have authority to assign individual members 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 as authorized by the Speaker of the House of Representatives and incur necessary expense for sup plies, 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 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 Com mittee 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.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 240. By Messrs. Melton and Bolton of Spalding:
A RESOLUTION
Urging the Budget Bureau to make available funds for the restora tion and repair of Elijah Clark's grave and monument; and for other purposes.
WHEREAS, Elijah Clark was one of Georgia's greatest revolu tionary heroes; and
WHEREAS, the present resting place of Elijah Clark in the National Cemetery of Marietta, Georgia, is deteriorating and in great need of care and repair; and
WHEREAS, the Daughters of the American Revolution estimate that $200.00 is needed for necessary repair and maintenance of the monument and grave of this great Georgian; and
WHEREAS, it is only befitting that a suitable resting place be provided for this great historical figure.
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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the Budget Bureau is hereby author ized and requested to make available to the Georgia Historical Commis sion the sum of $200.00 in order to repair and beautify the present grave and monument of Elijah Clark.
HR 241. By Messrs. Conner of Jeff Davis, Echols of Upson, Jones of Worth, Lee of Dougherty, and Bowen of Dawson:
A RESOLUTION
Creating an interim study committee; and for other purposes.
WHEREAS, Chapter 56-18 of the Insurance Code of Georgia pro vides for nonprofit medical service corporations; and
WHEREAS, the rates for services provided by insurers organized under said Chapter are not subject to regulation by the Insurance Commissioner; and
WHEREAS, it is desirable to review the entire area of nonprofit medical corporations as authorized by said Code Chapter; and
WHEREAS, only the General Assembly of Georgia has the authority to conduct such investigation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that there is hereby created an interim study committee to be composed of five members of the House to be appointed by the Speaker. The committee shall be authorized to make studies into and investigate the rate structure, expenses, expenditures, receipts and the general operation of insurers organized pursuant to Code Chapter 56-8.
The members shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim committees, not in excess of 15 days for each member. The funds necessary to carry out the provisions herein shall come from the funds appropriated to or available to the legislative branch of the government.
The Committee shall make their report to the Governor, President of the Senate, Speaker of the House, and General Assembly by the second Monday in January, 1964, at which time the Committee shall stand abolished.
The following Resolution of the House and Senate were read and adopted:
HR 242. By Messrs. Walker and Gibbons of Lowndes:
A RESOLUTION
Commending the Valdosta High School "Wildcats" football team; and for other purposes.
MONDAY, MARCH 11, 1963
1467
WHEREAS, Honorable Wright Bazemore is head coach at the Valdosta High School and as such coaches the Valdosta High School "Wildcats" football team; and
WHEREAS, the Valdosta High School "Wildcats" football team won the State football championship in 1940, 1947, 1951, 1952, 1953, 1956 and 1957; and
WHEREAS, the Valdosta High School "Wildcats" football team won the State football championship of Class AAA high schools in 1960, 1961 and 1962; and
WHEREAS, said football team won the National High School Football Championship in 1962 making said team the United States Champions in their class; and
WHEREAS, because of the fine and able coaching by Honorable Wright Bazemore and his outstanding ability to demand and get team cooperation, the Valdosta High School "Wildcats" football team has received many local, State and National honors; and
WHEREAS, all Georgians are proud and delighted because of the recognition that this football team has bestowed upon the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Honorable Wright Bazemore, head coach of the Valdosta High School and members of the Valdosta High School "Wildcats" football team their sincerest congratulations.
BE IT FURTHER RESOLVED that the Valdosta High School "Wildcats" football team did, by their great ability, sportsmanship and conduct, reflect credit and honor on Valdosta, Lowndes County and the State of Georgia.
BE IT FURTHER RESOLVED that the faculty and students of Valdosta High School and the parents of the members of the football team are hereby commended for their cooperation and assistance to said football team.
BE IT FURTHER RESOLVED that as a token of their esteem and gratitude the House of Representatives does hereby bestow its commendation upon the Valdosta High School "Wildcats" football team and Honorable Wright Bazemore, coach of said team.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish to Honor able Fred H. Walker and Honorable W. J. Gibbons, Representatives from Lowndes County, appropriate copies of this Resolution in sufficient number to be personally presented to the persons named in this Reso lution.
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HR 243. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A RESOLUTION
Expressing regrets at the passing of Honorable Roy M. (Mose) George; and for other purposes.
WHEREAS, Honorable Roy M. George, a distinguished lawyer, passed away on December 1, 1962, at the age of 66 years; and
WHEREAS, for over twenty (20) years prior to his death, Mr. George had been Assistant Solicitor of the Criminal Court of Fulton County and for the past eighteen (18) years had been First Assistant Solicitor of said court; and
WHEREAS, Mr. George in his capacity as such Assistant Solicitor vigorously prosecuted those charged with crimes in said court, but at all times protected the rights of every citizen that came within the jurisdiction of said court; and
WHEREAS, Mr. George was a devoted public official with great ability and courage; and
WHEREAS, Mr. George was a member of numerous religious, civic and fraternal organizations; and
WHEREAS, Mr. George was a resident of Fulton County; and
WHEREAS, the loss of this distinguished citizen will be felt by Fulton County and the State of Georgia and his participation in the governmental functions of Fulton County will be greatly missed;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby express its deepest regrets and sorrow at the passing of Honorable Roy M. (Mose) George and the sympathy of all the members of this Body is hereby extended to the members of his family.
BE IT FURTHER RESOLVED that as a token of our common grief, the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the family of Roy M. (Mose) George.
HR 244. By Mr. Brown of Hart:
A RESOLUTION
Extending congratulations to Honorable Denver W. Cleveland, Superintendent of the Hart County public schools, Honorable Dan W. Bramlett, Principal of the Hart County High School, Honorable Bill
MONDAY, MARCH 11, 1963
1469
Ensley, Coach of the Hart County High School "Bulldogs", girls basket ball team and Hart County High School "Bulldogs" boys basketball team and others; and for other purposes.
WHEREAS, the Hart County High School "Bulldogs" girls basket ball team has won the 1963 Class AA High School State Basketball Tournament; and
WHEREAS, the Hart County High School "Bulldogs" boys basket ball team has won the 1963 Class AA High School State Basketball Tournament; and
WHEREAS, it is the first time in Georgia history that a girls team and a boys team from the same high school have won the State Basket ball Tournament of Class AA high schools; and
WHEREAS, both of said teams were ably coached by Honorable Bill Ensley, coach of the Hart County High School; and
. WHEREAS, Coach Ensley had the complete cooperation of Honor able Denver W. Cleveland, Superintendent of the Hart County public schools, Honorable Dan W. Bramlett, Principal of the Hart County High School, the faculty of Hart County High School, the students of Hart County High School and the parents of said students; and
WHEREAS, the Class AA State Tournament is an outstanding and universally popular sports event of interest to all Georgians; and
WHEREAS, the Hart County High School "Bulldogs" by their outstanding ability, fine coaching, team cooperation and
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Honorable Denver W. Cleveland, Superintendent of the Hart County public schools, Honorable Dan W. Bramlett, Principal of the Hart County High School, Honorable Bill Ensley, Coach of the Hart County High School "Bull dogs" (both the boys team and the girls team) and the members of the Hart County High School "Bulldogs" boys basketball team and girls basketball team, their sincerest congratulations.
BE IT FURTHER RESOLVED that the Hart County High School "Bulldogs" basketball teams, did by their great ability, wonderful sportsmanship and excellent conduct, reflect great credit on Hart County, the State of Georgia and the faculty of Hart County High School.
BE IT FURTHER RESOLVED that the students and faculty of Hart County High School and the parents of the boys basketball team and girls basketball team are hereby commended for their cooperation and assistance to said school and basketball teams.
BE IT FURTHER RESOLVED that as a token of their esteem, the House of Representatives of the State of Georgia does hereby
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bestow its commendation upon the Hart County High School "Bulldogs" girls basketball team and boys basketball team and its coach, Honorable Bill Ensley.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish to Honor able Parks Brown, Representative from Hart County, appropriate copies of this Resolution in sufficient number to be personally presented to the persons named in this Resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to place the seal of the House of Representatives upon said Resolution.
SR 79. By Senator Wesberry of the 37th:
A RESOLUTION
Commending the Georgia winners and runners-up in the National Council of Teachers of English Achievement Awards; and for other purposes.
WHEREAS, annually the National Council of Teachers of English receive nominations for the selection of outstanding high school English students throughout the country; and
WHEREAS, over 6,200 students were nominated for achievement award citations; and
WHEREAS, the following students were selected for receipt of achievement awards in this State:
Anderton, Donna Kyle, Cross Keys H.S., Atlanta Beijer, Donna Irene, Avondale H.S., Avondale Estates Dixon, Douglas Stephen, Darlington School, Rome Duncan, Mary Katherine, Franklin Delano Roosevelt H.S., Atlanta Ehrensperger, Elaine, College Park H. S. Haydock, John Spahr, Southwest H.S., Atlanta Henderson, Sarah Lynn, John McEachern H.S. Powder Springs Kohn, Judy, North Fulton H.S., Atlanta Parvis, Paul Merrill, Druid Hills H.S., Atlanta Storck, Jean Anne, William A. Bass H. S., Atlanta
and
WHEREAS, the following runners-up were selected for recogni tion by the National Council of Teachers of English:
Antonopoulos, Constance Anthony, Richmond Academy, Augusta Byers, Ralph Monroe, Avondale H. S., Avondale
MONDAY, MARCH 11, 1963
1471
Echols, Thomas Ewell, The Lovett School, Atlanta Hinds, Isabella Lee, The Westminster Girls' School, Atlanta Hood, William Rogers, Glynn Academy, Brunswick Hornsby, Walter Cevera, Marietta H. S. Simmons, Tina Catherine Christine, Decatur H. S. Singletary, Diana Kay, Glynn Academy, Brunswick Stembridge, Willard Deese, Jr., Moultrie Sr., H. S. White, Zelda Gene, Decatur H. S.
and
WHEREAS, there is a high correlation between competence in English and general academic success achieved in college; and
WHEREAS, it is befitting that these outstanding students be recognized and commended for their accomplishments and achievements in achieving a high degreee of proficiency in their academic studies.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that this body does hereby extend con gratulations to each and every one of the above listed students and does hereby commend them for their achievements and does hereby express its great pride in them for so ably demonstrating the educational po tential possessed by this State's school population.
BE IT FURTHER RESOLVED, that the Secretary of the Senate is hereby authorized and instructed to transmit a suitable copy of this Resolution to each of the above listed students.
SR 85. By Senator Coggin of the 35th:
A RESOLUTION
To commemorate the centennial of the birth of Henry Ford, founder of Ford Motor Company, and to acknowledge his profound and lasting contributions to this nation's social, economic and cultural progress; and for other purposes.
WHEREAS, the members of the General Assembly of the State of Georgia have learned that as Henry Ford was born July 30, 1863, the company he founded is, throughout this year, celebrating the centennial of his birth; and
WHEREAS, Mr. Ford effectively put the world on wheels by bringing to realization his dream of building "a motor car for the great multitudes," the storied Model T, thereby freeing the farmer from his isolation, bringing closer together the most distance parts of the country and giving unprecedented mobility to the American people; and
WHEREAS, Mr. Ford, as father of the moving assembly line, showed the way to mass production techniques which have enabled this
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nation to become the most productive nation in the history of the world and which have raised the living standards of the American people by making available to all a rich variety of useful and time-saving products; and
WHEREAS, by his introduction of the $5-a-day wage and the 8-hour day, Mr. Ford enabled employees to become customers for the products that industry manufactures, thus creating mass markets and, more importantly, starting a peaceful social revolution that has resulted in the American worker's achieving a stature and standard of living unequaled throughout the world; and
WHEREAS, the company that Mr. Ford founded continues to give employment to many thousands of people and to contribute substantially to the economy of this country and specifically the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the General Assembly of the State of Georgia adopt this tribute to the memory of Henry Ford in recognition of his enduring contributions to the social, economic and cultural values of our times.
BE IT FURTHER RESOLVED that a properly authenticated copy of this Resolution be sent to Mr. Henry Ford II, grandson of Mr. Ford and present Chairman of the Board of Directors of Ford Motor Company, as a message of congratulations to the company on the centennial of the birth of its founder.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 312. By Messrs. Hull and Bell of Richmond, Kelly of Jasper and others: A Bill to be entitled an Act to be known as the "Apartment Ownership Act", and for other purposes.
The following Senate amendment was read: The Senate Banking and Finance Committee moves to amend HB
312 by renumbering Sections 26, 27 and 28 as Sections 25, 26 and 27, respectively.
Mr. Hull of Richmond moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 120, nays 0.
The Senate amendment to HB 312 was agreed to.
MONDAY, MARCH 11, 1963
1473
HB 305. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to be entitled an Act to amend an Act to provide methods of service upon persons where service of notice is required; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend Code Chapter 38-21, relating to depositions and discovery as provided in an Act approved March 25, 1959 (Ga. Laws 1959, p. 425), and as amended by an Act approved March 6, 1962 (Ga. Laws 1962, p. 684), so as to provide methods of service where service of notice is required under said Chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 38-21, relating to depositions and dis covery as provided in an Act approved March 25, 1959 (Ga. Laws 1959, p. 425), and as amended by an Act approved March 6, 1962 (Ga. Laws 1962, p. 684), is hereby amended by adding a new Section to said Code Chapter to be numbered as Code Section 38-2115 to read as follows:
"38-2115. Methods of Service of Notice where Notice is Re quired. Wherever service of notice is required on any person or party under the terms and provisions of any Section of this Chap ter, service of such notice may be perfected in one of the following ways:
"(a) Any person upon whose service of notice is required by any Section of this Chapter may acknowledge or waive such service of notice.
"(b) Service may be perfected upon any person upon whom service of notice is required by any Section of this Chapter by serv ing the prescribed notice upon such person, personality or, where such person has filed responsive pleadings in the proceedings in connection with which depositions or interrogatories are to be taken, service of notice may be perfected by service upon the Attorney of record for such person.
"(c) Where the whereabouts of the person upon whom service of notice is required under any Section of this Chapter is known, and there is no Attorney of record representing such person, whether a resident or non-resident of this State, service of notice may be perfected upon such person in the manner prescribed for service of subpoenas in an Act relating to the service of subpoenas, and notices by registered mail, approved February 13, 1956 (Ga.. Laws 1956, p. 63).
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"(d) Where the whereabouts of the person upon whom service of notice is required under any Section of this Chapter is not known, such service of notice upon such person may be perfected by posting the notice required for service upon such person before the courthouse door of the county of the court in which such action was instituted for ten days next preceding the date of the taking of the testimony, whether by deposition or interrogatories. Where service of notice is perfected in this manner, the person for whose benefit such testimony is taken, or his Attorney at Law, shall make affidavit of the fact of such publication, which affidavit, together with the notice published, shall accompany and be filed with the testimony so taken."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Fleming of Richmond moved that the House agree to the Senate sub stitute to HB 305.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Andersen Arnsdorff Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Causby Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner
Conner Cullens Da vis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Fleming Flynt Fowler of Douglas Fulford Funk Greene Groover Hall Harrell Harrington Harris Henderson Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren
Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Meeks Melton Milford Mitchell Mixon Moore
MONDAY, MARCH 11, 1963
Morgan of Gwinnett Morgan of Newton Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson Phillips Pickard Ponsell Poole Pope Poss Raulerson
Reaves Richardson Roberts Rodgers Roper Rowland Russell Scarborough Sewell Shaw Shea Shuman Simmons Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker
1475
Steis Story Todd Toweson Tucker of Catoosa Underwood of
Montgomery Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs.:
Abney Acree Andrews Bagby Black Bolton Branch Brooks of Fulton Caldwell Carr Clarke of Monroe Conger Crummey Dicus Dorminy Duncan of Carroll Echols Etheridge Flournoy Floyd Fowler of Treutlen Gibbons Griffin
Hale Herndon Hill Hurst Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Calhoun King Kirkland Knight of Laurens Laite Lane Leonard Logan Matthews of Colquitt McCracken Milhollin Moate Mullis Murphy Nessmith Pafford
Perry of Evans Rainey Rhodes Rutland Sangster Simpson Sinclair Singer Smith of Telfair Smith of Emanuel Stuckey Tabb Teague Tucker of Burke Twitty Underwood of Taylor Vaughn Watts Wilkes Wilson of Brantley Woodward Mr. Speaker
On the motion to agree, the ayes were 137, nays 0.
The Senate substitute to HB 305 was agreed to.
HB 442. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.
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The following Senate amendment was read:
Senate Yancey of the 33rd moves to amend HB 442:
By striking from Section 25 thereof the words and figures, "third Wednesday in April, 1964" and inserting in lieu thereof the words and figures "second Wednesday in January, 1964" so that said Section 25 when so amended shall read as follows:
"Referendum election on Act. This Act shall become effective as provided in the preceding Section 24 hereof only after the same shall have been ratified and approved by the qualified voters of Cobb County at a special election to be held for that purpose on the second Wednesday in January, 1964. At said election the quali fication of voters shall be the same as now fixed by law for the qualifications of voters at special elections called to fill a vacancy occurring in a County office and shall be held under all laws of this State applicable to special elections. Ballots shall be submitted to the voters at said election which shall have printed thereon the words:
'For ratification of the Act of the General Assembly of Geor gia creating the multiple Commission form of government for Cobb County, Georgia, and for abolishing the one-man Commissioner form of government.'
'Against ratification of the Act of the General Assembly of Georgia creating the multiple Commission form of government for Cobb County, Georgia, and against abolishing the one-man Com missioner form of government.'
The ballot shall be prepared so that the voter may enter a check or cross-mark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his or her choice. If a majority of those voting at said election shall vote "For ratifi cation of the Act of the General Assembly of Georgia creating the multiple commission form of government in Cobb County, Georgia, and for abolishing the one-man Commissioner form of government" this Act shall become effective as provided herein, and the Ordinary of Cobb County shall so declare and certify same to the Secretary of State as required by law. If a majority of those voting in said election shall vote "Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia and against abolishing the one-man Commissioner form of Government" this Act shall be null, void and of no effect, and the Ordinary of Cobb County shall so declare and certify the same to the Secretary of State as required by law."
Mr. Flournoy of Cobb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 112, nays 0.
MONDAY, MARCH 11, 1963
1477
The Senate amendment to HB 442 was agreed to.
HB 213. By Mr. Shaw of Long:
A Bill to be entitled an Act to amend an Act establishing a City Court of Ludowici; and for other purposes.
The following Senate amendment was read:
Senator Gayner of 5th moves to amend HB 213 as follows:
By striking from Section 1 the second sentence which reads as follows:
"If there shall be a vacancy in either of said offices, the Board of Commissioners of Roads and Revenues shall, by appointment, fill the same until the next General Eelection.",
and substituting in lieu thereof the sentence:
"If there shall be a vacancy in either of said offices, the Gov ernor shall, by appointment, fill the same until the next General Election."
Mr. Shaw of Long moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 112, nays 0.
The Senate amendment to HB 213 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 570. By Mr. Tucker of Catoosa: A Bill to be entitled an Act to amend an Act relating to the Mayor and Alderman of the Town of Fort Oglethorpe; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
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JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 603. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to give credit for prior service rendered as a teacher in any public school 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 604. By Mr. Singer of Stewart:
A Bill to be entitled an Act to consolidate all of the laws chartering the Town of Omaha in the County of Stewart; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 606. By Messrs. Snow and Abney of Walker:
A Bill to be entitled an Act incorporating the City of LaFayette in the County of Walker, so as to provide for the power of eminent domain; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
MONDAY, MARCH 11, 1963
1479
The Bill, having received the requisite constitutional majority, was passed.
HB 607. By Messrs. Williams and Overby of Hall:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 608. By Messrs. Lee and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating the Clayton County Water Authority, so as to change the composition of the member ship of the 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 611. By Messrs. Killian and Isenberg of Glynn: A Bill to be entitled an Act to create a Court to be known as the "Magistrate's 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OP THE HOUSE,
HB 614. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to create the Albany High School Stadium Authority and to authorize such Authority to acquire, construct, equip, an athletic stadium and the usual facilities related 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 615. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to authorize the City of Albany and the County of Dougherty to jointly acquire, either by donation, purchase or eminent domain, such lands and buildings as the City of Albany and the County of Dougherty may from time to time determine is necessary for the joint use of the City of Albany and the County of Dougherty; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 616. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act providing for the merger of the then-existing independent school system of the City of Albany and the then-existing school district of the County of Dougherty lying outside 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 119, nays 0.
MONDAY, MARCH 11, 1963
1481
The Bill, having received the requisite constitutional majority, was passed.
HB 617. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Education of Dougherty 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 618. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany by providing that upon the petition of the owners of 75% of the property adjacent to any alley within the fire zone, the draining may be done and costs assessed against the owners of adjacent lands; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 619. By Messrs. Busbee, Odom and Lee of Dougherty: A Bill to be entitled an Act to provide for official bonds of the Marshal or Chief and other personnel of the City of Albany Police Department; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
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JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 620. By Messrs. Odom, Lee and Busbee of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, relating to wards; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 621. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to be entitled an Act to amend an Act creating the new charter for the City of Albany, 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 624. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act abolishing all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, to create the position of Judge Emeritus of the Civil 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 119, nays 0.
MONDAY, MARCH 11, 1963
1483
The Bill, having received the requisite constitutional majority, was passed.
HB 464. By Messrs. Lane and Nessmith of Bulloch:
A Bill to be enttiled an Act to amend an Act relating to fees paid to coroner, so as to change the compensation for 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 629. By Mr. Wilson of Brantley:
A Bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of Brantley County, so as to change the compensa tion of the Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HR 205-608. By Mr. Houston of Pierce:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Pierce 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 502. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to fix the salary of the Sheriff in counties having a population of 500,000 or more; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 569. By Mr. Tucker of Catoosa:
A Bill to be entitled an Act to amend an Act creating the Town of Fort Oglethorpe, in the counties of Walker and Catoosa, so as to pro vide for the division of the town into wards; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 197-583. By Messrs. Flournoy, Teague and Wilson of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia, so as to authorize the General Assembly to empower the Governing Authority of Cobb County, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm, or corporation including taxicabs and cars for hire who may engage in any type of business in Cobb County outside the municipalities, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the Governing Authority to exercise police powers within unincorporated areas over any businesses in the interest of the public welfare, health and security of the people of Cobb County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be
MONDAY, MARCH 11, 1963
1485
punishable as a misdemeanor; to provide for submission of this amend ment for ratification or rejection; and for other purposes.
BE IT EESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
Article VII, Section IV, Paragraph I (Code 2-5701) of the Con stitution of the State of Georgia is amended by adding thereto the fol lowing new paragraph, to-wit:
"The General Assembly of the State of Georgia is hereby authorized: To empower the Governing Authority of Cobb County, Georgia with the right and power, for regulatory and revenue pur poses to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations, including taxicabs and cars for hire (excepting from regulations those persons, firms or corporations subject to regulation by the State Public Service Com mission) who may maintain a place of business in any area of Cobb County outside the incorporated limits of municipalities; and to levy and assess such license fees and occupational taxes, the said Governing Authority shall have the right and power to classify businesses and to assess different license fees and taxes against dif ferent classes of business. To provide for public welfare, health and security of the people of Cobb County, the said Governing Authority shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said County (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, in cluding the right to enforce payment of the license fees and occu pational taxes by the issuance and levy of executions, and to pro vide that a violation of any such regulations adopted by the Govern ing Authority of Cobb County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws 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 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 IV, Paragraph I of the Constitution authorizing the Governing Author ity of Cobb County to assess and collect license fees and occupa-
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JOURNAL OP THE HOUSE,
tional taxes upon businesses in Cobb County outside the incorporated limits of municipalities and to regulate same.
"Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Governing Author ity of Cobb County to assess and collect license fees and occupa tional taxes upon businesses in Cobb County outside the incorpo rated limits of municipalities and to regulate same."
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 Acree Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawsori* Bowen of Toombs Brantley Brown Busbee
Bynum Byrd Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Plynt
Fowler of Treutlen Pulford Punk Greene Griffin Groover Hale Hall Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin
MONDAY, MARCH 11, 1963
Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian Kirkland Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore
Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Roper Rowland Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson
1487
Sinclair Smith of Telf air Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Williams of Hall.
Those not voting were Messrs.:
Alien Baughman Brackin Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Chandler Coker of Turner Conger Crummey Dicus Dorminy Echols
Etheridge Fowler of Douglas Gibbons Harrell Harrington Hurst Jones of Worth Keadle King Laite Leonard Logan Mullis Pafford
Partridge Pickard Raulerson Rodgers Rutland Shuman Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Towson Walker Mr. Speaker
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JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 163, nays 1.
The Resolution, having received the requisite constitutional two-thirds ma jority, was adopted.
HB 469. By Messrs. Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing a method of fixing salaries of Court Bailiffs in certain counties, so as to change the population requirements from 200,000 to 500,000 inhabitants or more; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 104. By Senators Brown of the 34th, Coggin of the 35th, Salome of the 36th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to estab lish a method for providing fire prevention systems in the unincorporated portion 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 625. By Mr. Singer of Stewart:
A Bill to be entitled an Act to authorize counties having a population between 7,367 and 7,377 to elect county officials and the member of the House of Representatives to the General Assembly by a majority of the popular votes in the county; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 625 as follows:
By adding to the title in the third line after the word "to" the words "nominate and".
MONDAY, MARCH 11, 1963
1489
By adding to the title in the seventh line after the word "be" the words "nominated and".
By adding to Section 1, line three, after the word "shall" the words "nominate and".
By adding to Section 2, line three, after the word "shall" the words "nominate and".
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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 124. 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 following amendment was read and adopted:
Mr. Smith of Grady moves to amend HB 124 as follows:
"By striking Section 10 in its entirety and renumbering Section 11 as Section 10."
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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Ware of Troup asked unanimous consent that the following Bill of the Senate be withdrawn from the Committee on State of Republic and recommitted to the Committee on Local Affairs:
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JOURNAL OF THE HOUSE,
SB 134. By Senators Johnson of the 38th, Brown of the 34th, Wesberry of the 37th and others:
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 consent was granted and SB 134 was recommitted to the Committee on Local Affairs.
Mr. Busbee of Dougherty asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Local Affairs:
HB 469. By Messrs. Harris, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing a method of fixing salaries of Court Bailiffs in certain counties so as to change the population requirements from 200,000 to 500,000 inhabitants or more; and for other purposes.
The consent was granted and HB 469 was recommitted to the Committee on Local Affairs.
Mr. Hale of Bade asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Local Affairs and recommitted to the Committee on Judiciary:
HB 640. By Messrs. Rutland, Harris and Mackay of DeKalk:
A Bill to be entitled an Act to amend an Act providing for the purposes for which County taxes may be levied and collected so as to add to such purposes slum clearance and redevelopment work, including the acqui sition and clearance of areas which are predominantly slum or blighted areas and the preparation of such areas for reuse and sale; and for other purposes.
The consent was granted and HB 640 was recommitted to the Committee on Judiciary.
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 100. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing a State Board of Education, so as to authorize the State Board of Education to make available instructional courses through the medium of educa tional television; and for other purposes.
MONDAY, MARCH 11, 1963
1491
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act entitled "An Act to estab lish a State Board of Education, prescribe the qualifications of the members of said Board, fix their terms of office, define their duties, to provide penalties for the violation of this Act and to repeal certain sections of the Code of Georgia of 1933, as follows: Section 32-401, Section 32-402, Section 32-403, Section 32-404, Section 32-405, Section 32-406 and Section 32-407; and for other purposes", approved February 10, 1937 (Ga. Laws 1937, p. 864), as amended, so as to authorize and empower the State Board of Education to make available educational programs through the medium of educational television; to provide that the State Board of Education shall be authorized and empowered to own, operate, maintain and manage television stations, transmission equipment and all other related equipment and facilities, both audio and video, for the production and transmission of open and closed circuit telecasting; to furnish schedules, consultative services, teacher aids, and to perform all other things necessary in the promulgating, furnishing, producing, transmitting and making such courses available; to authorize the State Board of Education to enter into agreements with other agencies for production and/or transmission of educational television programs; to authorize, empower and designate the State Board of Education as the State agency to receive Federal and other funds for educational purposes at all levels of education, and to use, allot or distribute such funds in accordance with the appropriation or grant thereof; 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 establish a State Board of Education, prescribe the qualifications of the members of said Board, fix their terms of office, define their duties, to provide penalties for the violation of this Act and to repeal certain sections of the Code of Georgia of 1933, as follows: Section 32-401, Section 32-402, Section 32-403, Section 32-404, Section 32-405, Section 32-406 and Section 32-407; and for other pur poses", approved February 10, 1937 (Ga. Laws 1937, p. 864), as amended, is hereby amended by adding a new Section to be known as Section 3A to read as follows:
"Section 3A. The State Board of Education is authorized and empowered to make available educational programs through the medium of educational television. The State Board of Education is authorized and empowered to own, operate, maintain and manage television stations, transmission equipment and all other related equipment and facilities, both audio and video, for the production and transmission of open and closed circuit telecasting; to furnish schedules, consultative services, teacher aids, and to perform all other things necessary in promulgating, furnishing, producing, transmitting, and making such programs available; and is author-
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JOURNAL OF THE HOUSE,
ized to enter into agreements with other agencies for the production and/or transmission of educational television programs."
SECTION 2
Said Act is further amended by adding a new Section to be known as Section 4A to read as follows:
"4A. The State Board of Education is authorized and em powered and is hereby designated the proper State agency to receive all Federal funds, and any other funds, that may be appropriated, granted or otherwise made available to the State for educational television purposes at all levels of education and shall, after re ceipt of same, use, allot or distribute the same in accordance with the intent, terms, and conditions of such appropriations and grants."
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.:
Abney Acree Alien Anderson Arnsdorff Bagby Barber Bedgood Black Blair Blalock of Clayton Bolton Bowen of Dawson
Bowen of Toombs Brantley Busbee Bynum
Byrd Caldwell Carr
Causby Chance Chandler Clark of Catoosa Coker of Cherokee Conger Cullens Davis Been of Bacon DeVane Dicus Dorminy Duncan of Carroll
Echols Etheridge Fleming Flournoy
Floyd Fowler of Treutlen Fulford
Greene Groover Hall Harrell Harrington Harris Henderson Herndon Horton Hull Isenberg Johnson of Elbert Jones of Lumpkin
Jones of Muscogee Jordan of Calhoun Keadle Kelly
Keyton Killian King
MONDAY, MARCH 11, 1963
Kirkland Lambert Lee of Clayton Lee of Dougherty Leonard Lindsey Lokey Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Milford Milhollin Morgan of Newton Newton of Jenkins Odom Pafford Paris Partridge Perry of Evans Peterson
Phillips Pickard Ponsell Pope Raulerson Reaves Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster
Sewell Shaw Simmons Sinclair Singer Smith of Forsyth Smith of Habersham Smith of Telfair Smith of Whitfield
1493
Snow Spikes Stalnaker Steis Story Tabb Todd Tucker of Catoosa Twitty Vaughn Waldrop Walker Ware Warren Wells of Peach Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Andrews Ballard Baughman Bell Blalock of Coweta Bowen of Randolph Brackin Branch Brooks of Oglethorpe Brooks of Pulton Brown Clarke of Monroe Coker of Turner Conner Crummey Dean of Polk Dixon Duncan of Pannin Flynt Fowler of Douglas Funk Gibbons Griffin Hale Hill House Houston
Hurst Johnson of Warren Jones of Liberty Jones of Worth Jordan of Floyd Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lewis Logan Lowrey Matthews of Colquitt McCracken Meeks Melton Mitchell Mixon Moate Moore Morgan of Gwinnett Mullis Murphy Nessmith Newton of Colquitt
Overby
Parker Payton Perry of Marion Poole Poss Rainey Rhodes Scarborough Shea Shuman Simpson Smith of Emanuel Stuckey Teague Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Watson Watts Wells of Oconee White Williams of Hall Mr. Speaker
1494
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Coker of Turner stated that he was called from the Hall of the House to confer with constitutents at the time the roll call was ordered but had he been present he would have voted "Aye" on HB 100.
HB 87. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A Bill to be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State Highway Department, to provide for the negotiation of contracts by the State Highway Director; and for other purposes.
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 Anderson Bagby Barber Bell Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Busbee Byrd Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conger Dean of Polk Deen of Bacon
Dicus Dixon Duncan of Fannin Duncan of Carroll Etheridge Fleming Flournoy Floyd Fowler of Douglas Funk Gibbons Greene Griffin Groover Hale Harris Hill House Hull Isenberg Jones of Worth
Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Mackay Matthews of Clarke McClelland McGarity Meeks Melton Milford
MONDAY, MARCH 11, 1963
Milhollin Mitchell Moate Moore Morgan of Newton Odom Overby Partridge Payton Perry of Marion Phillips Pickard Poole Pope
Richardson Roberts Roper Rutland Sewell Shea Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis Story
1495
Stuckey Teague Towson Twitty Waldrop Walker Ware Wells of Peach Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Acree Alien Baughman Black Blalock of Coweta Branch Bynum Carr Causby Clark of Catoosa Cullens Hall Harrell Harrington Henderson Herndon Houston Hurst Johnson of Elbert
Johnson of Warren Kelly Keyton King Lee of Clinch Leonard Lindsey McDonald McKemie Mixon Morgan of Gwinnett Murphy Nessmith Pafford Perry of Evans Peterson Ponsell Poss Rainey
Raulerson Reaves Rhodes Rodgers Russell Sangster Shaw Simmons Simpson Sinclair Stalnaker Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Warren Wilson of Brantley Woodward
Those not voting were Messrs.:
Andrews Arnsdorff Ballard Bedgood Brackin Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Chandler Conner Crummey Davis
DeVane Dorminy Echols Flynt Fowler of Treutlen Fulford Horton Jones of Liberty Knight of Laurens Knight of Berrien Laite Logan Matthews of Colquitt
McCracken Mullis Newton of Jenkins Newton of Colquitt Paris Parker Rowland Scarborough Shuman Singer Smith of Emanuel Tabb Todd
1496
JOURNAL OF THE HOUSE,
Underwood of Taylor Vaughn Watson
Watts Wells of Oconee White
Mr. Speaker
On the passage of the Bill, the ayes were 104, nays 55.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Blalock of Coweta served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 87.
Messrs. Ballard of Newton, and Wells of Oconee stated that 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 87.
HE 163-445. By Messrs. Smith of Habersham, Pope of Cherokee, and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize scholarships for dental students; to provide the procedure connected therewith; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding following Subparagraph 5 a new Subparagraph to be numbered 5A and to read as follows:
"5A. The Board of Regents of the University System of Georgia are authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia and who desire to become dentists. The Board of Regents shall possess and exercise all the powers, duties and responsibilities of the State Medical Education Board created by Subparagraph 5 of this Para graph, and the Board of Regents shall grant such scholarships or loans to students in conformity with and upon such terms and procedures as are set forth in Subparagraph 5 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
MONDAY, MARCH 11, 1963
1497
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 Board of Regents to grant scholarships to dental students.
"Against ratification of amendment to the Constitution so as to authorize the Board of Regents to grant scholarships to dental sudents."
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 Acree Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black
Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee
Bynum Byrd Causby Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conger Conner Cullens
1498
JOURNAL OF THE HOUSE,
Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian
King Kirkland Lambert Lane Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Meeks Melton Milford Milhollin Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Overby Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Pope Poss Reaves Rhodes Richardson
Roberts Rodgers Rowland Russell Rutland Sewell Shaw Shea Simmons Sinclair Singer Smith of Forsyth Smith of Whitfield Smith of Habersham Smith of Telfair Snow Spikes Stalnaker Steis Story Tabb Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Woodward
Those not voting were Messrs.:
Alien Andrews Blalock of Clayton Bolton Brooks of Fulton Caldwell Carr Clarke of Monroe Crummey Da vis Flynt
Gibbons Greene Horton Johnson of Warren Jones of Liberty Jones of Lumpkin Jordan of Calhoun Knight of Laurens Knight of Berrien Laite Lee of Clinch
Lee of Clayton Logan Matthews of Colquitt McCracken Mitchell Mixon Mullis Nessmith Newton of Colquitt Pafford Paris
Parker Payton Poole Rainey Raulerson Roper Sangster
MONDAY, MARCH 11, 1963
Scarborough Shuman Simpson Smith of Emanuel Stuckey Todd Vaughn
1499
Walker Warren Watts White Williams of Hall Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, the ayes were 151, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
Mr. Smith of Habersham moved that HR 163-445 be immediately transmitted to the Senate and the motion prevailed.
HR 163-445 was ordered immediately transmitted to the Senate.
HR 120-307. By Mr. Funk of Chatham:
A Resolution resolving that the General Assembly of Georgia recognize no delegation of power made by the states to the President authorizing the surrender of the sovereignty of this nation to the United Nation, and that the sworn duty of the President to "provide for the common defense" precludes such proposals.
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.:
Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Blalock of Clayton
Bowen of Dawson Brackin Brantley Brooks of Oglethorpe Brown Byrd Chance Chandler Clark of Catoosa Coker of Cherokee Conger
Cullens Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Fleming Fowler of Douglas
1500
JOURNAL OF THE HOUSE,
Funk Greene Griffin Groover Hall Harrell Harrington Herndon House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Muscogee Jordan of Calhoun Keyton Killian King Kirkland Knight of Berrien Lambert Lane Lewis Lindsey Lokey Lowrey
Matthews of Colquitt McDonald Meeks Milford Moate Moore Morgan of Gwinnett Nessmith Newton of Jenkins Newton of Colquitt Overby Pafford Paris Partridge Perry of Marion Perry of Evans Peterson Pickard Ponsell Pope Poss Raulerson Reaves Rhodes Richardson Rodgers Rowland Russell
Sewell Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield ' Spikes Stalnaker Steis Story Tabb Todd Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Ware Watson Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Blair Busbee Carr
Etheridge Lee of Dougherty Melton
Odom Snow
Those not voting were Messrs.:
Abney Bagby Black Blalock of Coweta Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Fulton Bynum Caldwell Causby Clarke of Monroe Coker of Turner Conner
Crummey Da vis Dean of Polk Flournoy Floyd Flynt Fowler of Treutlen Fulford Gibbons Hale Harris Henderson Hill Horton Johnson of Warren
Jones of Liberty Jones of Lumpkin Jordan of Floyd Keadle Kelly Knight of Laurens Laite Lee of Clinch Lee of Clayton Leonard Logan Mackay Matthews of Clarke McClelland McCracken
MONDAY, MARCH 11, 1963
McGarity McKemie Milhollin Mitchell Mixon Morgan of Newton Mullis Murphy Parker Payton Phillips Poole
Rainey Roberts Roper Rutland Sangster Scarborough Simp son Singer Smith of Emanuel Stuckey Teague Towson
1501
Underwood of Montgomery
Vaughn Waldrop Walker Warren Watts Wells of Peach White Williams of Hall Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, the ayes were 117, nays 8.
The Resolution, having received the requisite constitutional majority was adopted.
Mr. Blalock of Coweta moved that HR 120-307 be immediately transmitted to the Senate and the motion prevailed.
HR 120-307 was ordered immediately transmitted to the Senate.
HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis, and others:
A Bill to be entitled an Act to amend Code Section 93-206 and Code Section 93-208, pertaining to the salaries of the chairman and members of the Public Service Commission; and for other purposes.
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 Alien Bagby Ballard Baughman Bedgood
Bell Black Blair Blalock of Clayton Bowen of Dawson Brackin
Brantley Brooks of Oglethorpe Brown Busbee Byrd Caldwell
1502
JOURNAL OF THE HOUSE,
Chance Clark of Catoosa Coker of Cherokee Conger Conner Cullens Deen of Bacon Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Greene Griffin Groover Hall Harrell Herndon House Houston Hull Hurst Isenberg Jones of Worth Jordan of Calhoun Keadle Keyton Killian
King Kirkland Knight of Berrien Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Mackay Matthews of Clarke McGarity McKemie Melton Moate Morgan of Newton Newton of Jenkins Newton of Colquitt Overby Pafford Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Pope Poss Raulerson Reaves Roberts Rodgers
Roper Rowland Russell Rutland Sangster Sewell Shaw Shuman Sinclair Singer Smith of Porsyth Smith of Whitfield Snow Spikes Steis Tabb Todd Towson Tucker of Catoosa Twitty Underwood of Taylor Waldrop Walker Ware Warren Watson Wells of Oconee Wells of Camden Wilkes Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Acree Anderson Barber Causby Fowler Johnson of Elbert Jones of Muscogee
Lindsey Meeks Milford Nessmith Odom Partridge Ponsell
Rainey Simmons Smith of Telfair Smith of Habersham Story Williams of Coffee
Those not voting were Messrs:
Andrews Arnsdorff Blalock ofCoweta Bolton Bowen of Randolph Bowen of Toombs
Branch Brooks of Fulton Bynum Carr Chandler Clarke of Monroe
Coker of Turner Crummey Davis iJean of Polk DeVane Dorminy
MONDAY, MARCH 11, 1963
Plynt Pulford Funk Gibbons Hale Harrington Harris Henderson Hill Horton Johnson of Warren Jones of Liberty Jones of Lumpkin Jordan of Floyd Kelly Knight of Laurens Laite Lee of Clinch
Leonard Logan Matthews of Colquitt McClelland McCracken McDonald Milhollin Mitchell Mixon Moore Morgan of Gwinnett Mullis Murphy Paris Parker Poole Rhodes Richardson
1503
Scarborough Shea Simpson Smith of Emanuel Stalnaker Stuckey Teague Tucker of Burke Underwood of
Montgomery Vaughn Watts Wells of Peach White Williams of Hall Woodward Mr. Speaker
On the passage of the Bill, the ayes were 115, nays 20.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Dicus of Muscogee moved that HB 517 be immediately transmitted to the Senate and the motion prevailed.
HB 517 was ordered immediately transmitted to the Senate.
Mr. Hill of Meriwether stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 517.
HB 418. By Mr. Groover of Bibb: A bill to be entitled an Act to amend an Act relating to qualification fee for candidates in general election of certain county offices, so as to provide for reasonable qualification fee due to be posted 10 days prior to special 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 roll call was ordered and the vote was as folows:
1504
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Barber Baughman Bedgood Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk
Deen of Bacon
DeVane
Dicus
Dixon
Dorminy
Duncan of Fannin
Duncan of Carroll
Echols
Etheridge
Fleming
Flournoy
Floyd
Fowler of Douglas
Fowler of Treutlen
Funk
Greene
Groover
Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Kirkland Knight of Berrien Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt
McDonald
McKemie
Melton
Mitchell
Moate
Morgan of Gwinnett
Newton of Jenkins
Newton of Colquitt
Odom
Pafford
Partridge
Payton
Perry of Marion
Perry of Evans
Peterson
Phillips
Pope
Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Rowland Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Towson Tucker of Catoosa Twitty Underwood of
Montgomery
Underwood of Taylor
Waldrop
Walker
Ware
Warren
Watson
Wells of Peach
Wells of Oconee
Wells of Camden
Wilkes
Williams of Coffee
Williams of Hall
Wilson of Brantley
Wilson of Cobb
Woodward
MONDAY, MARCH 11, 1963
1505
Those voting in the negative were Messrs.:
Bagby Bowen of Dawson Conger
Griffin Hale Leonard
Meeks Milford
Those not voting were Messrs.:
Arnsdorff Ballard Bell Black Bolton Bowen of Toombs Brooks of Fulton Crummey
Flynt Fulford Gibbons Hill Johnson of Warren Jones of Liberty Jones of Worth Kelly Knight of Laurens
Laite Lambert Lee of Clinch Logan Matthews of Clarke McClelland McCracken McGarity Milhollin Mixon Moore Morgan of Newton Mullis Murphy Nessmith Overby Paris
Parker Pickard Ponsell Poole Roper Scarborough Simpson Smith of Emanuel Stuckey Tabb Teague Todd Tucker of Burke Vaughn Watts White Mr. Speaker
On the passage of the bill, the ayes were 145, nays 8.
The bill, having received the requisite constitutional majority, was passed.
HB 398. Messrs. Smith of Grady, Bolton of Spalding, and others:
A bill to be entitled an Act to amend Code Chapter 13-2, relating to general provisions concerning banks and banking, so as to define "city", "town" and "village"; and for other purposes.
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 Acree Alien Arnsdorff
Bagby Ballard Barber Bedgood
Bell Blalock of Coweta Blalock of Clayton Bolton
1506
JOURNAL OF THE HOUSE,
Bowen of Eandolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe Brown Busbee Byrd Caldwell Carr Chance Coker of Cherokee Coker of Turner
Conner Cullens Davis Dean of Polk Deen of Bacon Dicus Dixon Duncan of Fannin Duncan of Carroll
Etheridge Fleming Flournoy
Floyd Fowler of Douglas Fulford Funk Gibbons Griffin Groover Hale Hall Harrell Henderson Herndon House Hull Hurst Isenberg
Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton Killian Kirkland Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald McKemie Meeks Melton Milford Mitchell Moate Moore Morgan of Gwinnett Murphy Newton of Colquitt Odom Overby Partridge Perry of Evans Phillips Pickard Ponsell Pope
Raulerson Reaves Rhodes Roberts Rodgers Russell Rutland Shaw Shea Shuman Simmons Simpson
Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes
Steis
Story Tabb Towson Tucker of Catoosa Tucker of Burke Twitty
Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Braekin Bynum Clark of Catoosa Clarke of Monroe Harrington
Hill Horton Johnson of Elbert Milhollin Mixon
Paris Perry of Marion Sangster White
Those not voting were Messrs.:
Anderson Andrews
Baughman Black
Blair Bowen of Toombs
MONDAY, MARCH 11, 1963
Brooks of Fulton Causby Chandler Conger Crummey DeVane Dorminy Echols Flynt Fowler of Treutlen Greene Harris Houston Jones of Worth
Jordan of Calhoun Kelly King
Knight of Laurens Lane Logan McClelland McCracken McGarity Morgan of Newton Nessmith Newton of Jenkins Pafford Parker Payton Peterson Poole
Poss Rainey Richardson
1507
Roper Rowland Scarborough Sewell Singer Smith of Emanuel Stalnaker Stuckey Teague Todd Underwood of
Montgomery Watts Williams of Coffee Mr. Speaker
On the passage of the bill, the ayes were 135, nays 14.
The bill, having received the requisite constitutional majority, was passed.
Mr. Blair of Sumter stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 398.
HB 421. By Messrs. Mackay and Harris of DeKalb, Payton of Coweta, and Dicus of Muscogee: A bill to be entitled an Act to establish and constitute the Study Com mission on the Industrial Loan Business, to define its functions, powers, and duties, to provide such funds as are necessary to effectuate the purposes of said Commission; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Special Judiciary moves to amend HB 421, Sec tion 6, by adding the following sentence thereto:
"That the members of the Committee created by this Bill shall have power and authority to meet for a period of fifteen (15) days for carrying out purposes of this Bill."
The following amendment was read and adopted: Mr. Murphy of Haralson moves to amend HB 421 by striking from
Section 2 of said Act the following.
1508
JOURNAL OF THE HOUSE,
"three (3) members of the House of Representatives"; and by substituting in lieu thereof the following:
"five (5) members of the House of Representatives".
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.:
Acree Alien Bagby Barber Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge
Fleming Flournoy Floyd Fowler of Douglas Funk Gibbons Griffin Groover Hall Harrington Harris Henderson Herndon Hill Horton House Houston Hull
Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Keadle Keyton Killian King Kirkland Knight of Berrien Lambert Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey
Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald McGarity Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Pope Poss Rainey Raulerson Reaves Rhodes
Richardson Roberts Rodgers Roper Russell Rutland Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair
MONDAY, MARCH 11, 1963
Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Story Tabb Towson Tucker of Catoosa Tucker of Burke Twitty
1509
Underwood of Montgomery
Waldrop Walker Ware Watson Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Abney Anderson Andrews Arnsdorff Ballard Baughman Black Bowen of Toombs Brackin Brooks of Fulton Carr Causby Clarke of Monroe Conger Crummey DeVane Flynt Fowler of Treutlen Fulford
Greene Hale Harrell Jones of Worth Jordan of Floyd Jordan of Calhoun Kelly Knight of Laurens Laite Lane Lee of Clinch
Logan McClelland McCracken McKemie Mullis Newton of Colquitt Pickard Poole
Rowland Sangster Sewell Singer Smith of Emanuel Snow Stuckey Teague Todd Towson Underwood of Taylor
Vaughn Watts Warren Wells of Peach
White Mr. Speaker
On the passage of the bill, as amended, the ayes were 151, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Conner of Jeff Davis moved that HB 421 be immediately transmitted to the Senate and the motion prevailed.
HB 421 was ordered immediately transmitted to the Senate.
1510
JOURNAL OF THE HOUSE,
HB 601. By Messrs. Wilkes of Cook, Twitty of Mitchell, Groover of Bibb 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
Mr. Blalock of Coweta moved the previous question and the motion prevailed.
The previous question was ordered.
The main question was ordered.
Mr. Hull of Richmond offered an amendment which was ruled out of order.
Mr. Pope of Cherokee offered an amendment which was lost.
The following amendment was read and adopted:
Mr. Murphy of Haralson moves to amend HB 601 by adding the words "or United States of America" immediately after the words "agency of the State Government".
The following amendment was read:
Messrs. Story of Gwinnett and Barber of Jackson move to amend HB 601 as follows:
By striking from Section 2, Subsection (a), after the word "be" the figures "$35,000" and inserting in lieu thereof the figures "$27,500".
On the adoption of the amendment the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Arnsdorff Barber Baughman
Blalock of Coweta Brantley Brooks of Oglethorpe
Bynum Byrd Chandler
MONDAY, MARCH 11, 1963
Clarke of Monroe Coker of Turner Conger Dean of Polk Dorminy Duncan of Fannin Duncan of Carroll Echols Fleming Floyd Fowler of Douglas Fowler of Treutlen Griffin Harrell Harrington Harris Horton Johnson of Warren Kirkland
Lambert Lane Lindsey Mackay Matthews of Colquitt Meeks Milford Milhollin Mixon Morgan of Gwinnett Nessmith Newton of Jenkins Overby Pafford Paris Parker Partridge Pickard Rainey
1511
Raulerson Rodgers Shuman Smith of Telfair Smith of Habersham Snow Story Stuckey Teague Todd Tucker of Catoosa Vaughn Waldrop Walker Wells of Oconee Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Abney Anderson
Bagby Ballard Bell Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs
Brown Busbee Carr Coker of Cherokee Cullens Deen of Bacon Dicus Dixon Etheridge Flournoy Flynt Gibbons Hale Hall Hill
House Houston Hurst Isenberg Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Keadle Killian King Knight of Berrien Lee of Dougherty Lewis Matthews of Clarke McClelland McDonald McKemie Melton Moate Moore Morgan of Newton Murphy Newton of Colquitt Odom
Payton Perry of Marion Perry of Evans Phillips Poss Rhodes Richardson Roper Sewell Shea Simmons Sinclair Singer Smith of Whitfield
Spikes Steis Tabb Underwood of Taylor
Ware Warren Watson Wells of Camden Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Alien Andrews
Bedgood Black Blalock of Clayton
Brackin Branch Brooks of Fulton
1512
JOURNAL OF THE HOUSE,
Caldwell Causby Chance Clark of Catoosa Conner Crummey Davis DeVane Fulford
Funk Greene Groover Henderson Herndon Hull Johnson of Elbert Jordan of Floyd Jordan of Calhoun Kelly
Keyton Knight of Laurens Laite Lee of Clinch Lee of Clayton Leonard Logan Lokey Lowrey
McCracken McGarity Mullis Peterson Ponsell Poole Pope Reaves Roberts Rowland
Russell Rutland Sangster Scarborough Shaw Simpson Smith of Porsyth Smith of Emanuel Stalnaker
Towson Tucker of Burke Twitty Underwood of
Montgomery Watts Wells of Peach White Wilkes Mr. Speaker
On the adoption of the amendment the ayes were 65, nays 74.
The amendment was lost.
The following amendment was read and adopted:
Mr. Wilkes of Cook moves to amend HB 601 as follows:
By striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Nothwithstanding any other provision 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 deter mining payments for compensation and allowances to an officer ap pointed 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 any State emeritus appointment."
An amendment offered by Mr. Wilkes of Cook was read and lost.
The following amendment was read and adopted:
Mr. Murphy of Haralson moves to amend HB 601 by striking from Section 2 the words "Provided, however, the Governor, in his discretion,
MONDAY, MARCH 11, 1963
1513
may increase or decrease any such salary for any such official, but no such salary shall exceed -- per annum."
Mr. Hull of Richmond moved that the House do now adjourn and the motion lost.
Mr. Horton of Putnam moved that HB 601 and all amendments thereto 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.:
Acree Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bell Black Bowen of Dawson
Brown Bynum Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Muuiea Conger Cullens Dean of Polk Deen of Bacon Dicus Dixon Dorminy Fleming Flournoy Gibbons Greene Griffin Hall
Harrell Harrington Hill Horton House Houston Hull Johnson of Elbert Johnson of Warren Jones of Muscogee
Keadle Kelly Lane Leonard Lindey Lowrey Matthews of Colquitt
McDonald McGarity Meeks Melton Milford Milhollin Mitchell Mixon Moate Nessmith Newton of Jenkins Newton of Colquitt
Odom Paris Parker
Those voting in the negative were Messrs.:
Abney Ballard
Bedgood Blair
Partridge Pickard Poole Pope Rainey Reaves Rhodes Roberts Rodgers Roper Sewell Shaw Shuman Singer Smith of Habersham Smith of Whitfield Snow Story Stuckey Teague Todd Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Walker Warren Watson Williams of Coffee Wilson of Cobb Woodward
Blalock of Coweta Bolton
1514
JOURNAL OF THE HOUSE,
Bowen of Randolph Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Busbee Byrd Carr Chandler Conner Davis Duncan of Fannin Duncan of Carroll Etheridge Floyd Fowler of Douglas Fowler of Treutlen Groover Harris Henderson Herndon Hurst Isenberg Jones of Liberty
Jones of Worth Jones of Lumpkin Jordan of Floyd Keyton Killian King Kirkland Knight of Berrien Lambert Lee of Clinch Lee of Dougherty Lewis Mackay Matthews of Clarke McKemie Moore Morgan of Gwinnett Morgan of Newton Murphy Overby Payton Perry of Evans Peterson Phillips
Ponsell Poss Raulerson Richardson Russell Sangster Shea Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Spikes Steis Tabb Twitty Vaughn Ware Wells of Oconee Wells of Camden White Wilkes Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Blalock of Clayton Branch Brooks of Fulton Caldwell Crummey DeVane Echols Flynt Fulford Funk Hale
Jordan of Calhoun Knight of Laurens Laite
Lee of Clayton Logan Lokey McCracken Mullis Pafford Perry of Marion Rowland
Rutland Scarborough Smith of Emanuel Stalnaker Underwood of
Montgomery Watts Wells of Peach Mr. Speaker
On the motion to table, the ayes were 96, nays 79.
The motion prevailed, and HB 601 was laid on the table.
Mr. Blalock of Coweta moved that this House do now adjourn until tomorrow morning at 6:30 a.m. and the motion lost.
HB 527. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and others:
A bill to be entitled an Act to amend Section 107, of the Ga. Laws entitled "An Act to codify the school laws of the State of Georgia,"
MONDAY, MARCH 11, 1963
1515
so as to provide that the Board of Education of any county school district shall have the power to equip facilities for education, beyond the 12th grade; and for other purposes.
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 Acree Anderson Ballard Barber Baughman Bedgood Bell Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Duncan of Pannin Duncan of Carroll Etheridge Fleming Flournoy Fowler of Douglas
Funk Gibbons Greene Hall Harrell Harrington Henderson Herndon Horton House Houston Hull Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Keadle Kelly Keyton Kirkland Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald McGarity McKemie
Meeks Melton Milhollin Mitchell Mixon Moore Morgan of Gwinnett
Morgan of Newton Murphy Nessmith Odom Overby Paris Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Roper Russell Sangster Sewell Shea Shuman Simmons Sinclair Singer Smith of Telfair Smith of Habersham Smith of Whitfield
1516
JOURNAL OF THE HOUSE,
Snow Spikes Stalnaker Steis Story Teague Towson Tucker of Catoosa
Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Wells of Oconee Wells of Camden
Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Alien Andrews Arnsdorff Bagby Blair Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Chandler Conger Crummey Dicus Dixon Dorminy Echols Floyd Flynt Fowler of Treutlen Fulford Griffin Groover
Hale Harris Hill Hurst Isenberg Jordan of Floyd Jordan of Calhoun Killian King Knight of Laurens Laite Lane Leonard Logan McCracken Milford Moate Mullis Newton of Jenkins Newton of Colquitt Pafford Parker Payton Phillips
Pickard Raulerson Rodgers Rowland Rutland Scarborough Shaw Simpson Smith of Forsyth Smith of Emanuel Stuckey Tabb Todd Tucker of Burke Underwood of
Montgomery Warren Watson Watts Wells of Peach White Mr. Speaker
On the passage of the bill, the ayes were 136, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. Blair of Sumter stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 527.
HB 444. By Messrs. Smith and Mitchell of Whitfield:
A bill to be entitled an Act to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, to be com posed of the Counties of Whitfield and Murray, and for other purposes.
MONDAY, MARCH 11, 1963
1517
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 Alien Anderson Arnsdorff Bagby Ballard Baughman Bell Black Blair Blalock of Clayton Bolton Brooks of Oglethorpe Busbee Bynum Byrd Chance Clark of Catoosa Clarke of Monroe Cullens Davis Dean of Polk Deen of Bacon
DeVane Dixon Dorminy Duncan of Pannin
Echols Etheridge Fleming Flournoy Floyd Funk Gibbons Greene Hall Harrell Harris Henderson Herndon House Houston
Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd
Keadle Keyton Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis Lokey Lowrey Mackay Matthews of Colquitt
McClelland Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt
Odom Overby Paris Parker Partridge Payton Peterson
Phillips Pickard Poole Poss Reaves Rhodes Roberts Rodgers Roper Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Ware Warren Watson Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
1518
JOURNAL OP THE HOUSE,
Those voting in the negative were Messrs.:
Acree Bowen of Dawson Bowen of Toombs Causby Chandler
Coker of Catoosa Coker of Turner Harrington McKemie Meeks
Perry of Evans Simpson Smith of Habersham Tucker of Burke Wells of Peach
Those not voting were Messrs.:
Andrews Barber Bedgood Blalock of Coweta Bowen of Randolph Brackin Branch Brantley Brooks of Fulton Brown Caldwell Carr Conger Conner Crummey Dicus Duncan of Carroll Plynt Fowler of Douglas Fowler of Treutlen Fulford Griffin
Groover Hale Hill Horton Hurst Jordan of Calhoun Kelly Kilian King Kirkland Knight of Laurens Laite Leonard Lindsey Logan Matthews of Clarke McCracken McDonald McGarity Mullis Murphy Pafford
Perry of Marion Ponsell Pope Rainey Raulerson Richardson Rowland Singer Smith of Forsyth Smith of Emanuel Stuckey Todd Towson Tucker Twitty Walker Watts White Wilkes Mr. Speaker
On the passage of the bill, the ayes were 125, nays 15.
The bill, having received the requisite constitutional majority, was passed.
HB 355. By Mr. Melton of Spalding:
A bill to be entitled an Act to provide an appropriation, pursuant to the provisions of Section 9 and 13 of the Employment Security Law, for the purpose of providing suitable offices for use by the Employ ment Security Agency in the Department of Labor; and for other purposes.
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, MARCH 11, 1963
Those voting in the affirmative were Messrs.:
Alien Anderson Arnsdorff Ballard Barber Black Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe Busbee Bynum Byrd Carr Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk DeVane Dixon Duncan of Fannin Echols Fleming Flynt Funk Gibbons Harris Henderson Herndon House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee
Jordan of Floyd Keadle Kelly Keyton Kirkland Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke McDonald McGarity McKemie Melton Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss
1519
Rainey Reaves Rhodes Richardson Rodgers Roper Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Wilson of Brantley Woodward
Those not voting were Messrs.:
Abney Acree Andrews Bagby Baughman Bedgood Bell Blalock of Coweta
Blalock of Clayton Brackin Branch Brantley Brooks of Fulton Brown Caldwell Causby
Chance Clark of Catoosa Conger Conner Cullens Deen of Bacon Dicus Dorminy
1520
JOURNAL OF THE HOUSE,
Duncan of Carroll Etheridge Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Greene Griffin Groover Hale Hall Harrell
Harrington Hill Horton Hurst Jones of Liberty Jones of Lunipkin Jordan of Calhoun
Killian King Knight of Laurens Laite Lane Logan Lokey Matthews of Colquitt McClelland McCracken Meeks Milford Milhollin Mitchell Mullis Murphy Overby Pafford Payton Raulerson
Roberts Rowland Rutland Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Stuckey Teague Todd Tucker Twitty Vaughn Watts White Wilkes Williams of Hall Wilson of Cobb Mr. Speaker
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 628. By Messrs. Knight of Berrien, Wilkes of Cook, and others:
A bill to be entitled an Act to amend an Act abolishing the fee system existing in the Superior Courts of the Alpha Judicial Circuit, so as to provide for the payment of expenses to 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Arnsdorff Bagby Ballard Barber
Bedgood Bell Black Blair Bolton Bowen of Randolph
Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe Brown Busbee Bynum
MONDAY, MARCH 11, 1963
Byrd Carr Causby Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Groover Harris Henderson Herndon House Houston Hull Johnson of Elbert Jones of Worth Jones of Muscogee Kelly
Keyton Kirkland Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Perry of Evans Peterson Pickard Ponsell Pope Poss
1521
Rainey Reaves Rhodes Richardson Russell Scarborough Sewell Shaw Shea Simmons Simpson Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Towson Twitty Underwood of Taylor Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Anderson Andrews Baughman Blalock of Coweta Blalock of Clayton Brackin Branch Brantley Brooks of Fulton Caldwell Chance Clarke of Catoosa Conger Conner
Crummey Dicus Duncan of Carroll Etheridge Fulford Griffin Hale Hall Harrell Harrington Hill Horton Hurst Isenberg Johnson of Warren
Jones of Liberty Jones of Lumpkin Jordan of Floyd Jordan of Calhoun
Keadle King Knight of Laurens Laite Lane Leonard Logan Matthews of Clarke McClelland McCracken McDonald
1522
JOURNAL OF THE HOUSE,
McGarity Moate Mullis Murphy Overby Pafford Payton Perry of Marion Phillips Poole Raulerson Roberts
Rodgers Roper Rowland Rutland Sangster Shuman Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham
Stuckey Teague Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Vaughn Watts White Williams of Hall Woodward Mr. Speaker
On the passage of the bill, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 500. By Messrs. Mackay of DeKalb, Underwood of Montgomery, and others:
A bill to be entitled an Act to provide that trustees, executors, admin istrators, and other like fiduciaries holding trust funds may invest the same in real estate loans both secured by a first lien on or first security title to improved realty and are insured pursuant to provisions of any title of the National Housing 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 Acree Alien Anderson Andrews Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Clayton
Bolton Bowen of Randolph Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee
Coker of Turner Cullens Davis Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Fowler of Douglas
MONDAY, MARCH 11, 1963
Funk Gibbons Greene Groover Harris Horton House Houston Hull Isenberg Johnson of Elbert Jones of Worth Jones of Muscogee Jordan of Floyd Kelly Keyton Killian King Kirkland Knight of Berrien Lambert Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay
Matthews of Colquitt McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Odom Paris Parker Partridge Perry of Evans Peterson Pope Poss Rainey Rhodes Richardson Russell Scarborough Sewell Shaw Shea
1523
Simnaons Simpson Sinclair Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Towson Tucker of Burke Twitty Underwood of Taylor Waldrop Walker Warren Watson Wells of Peach Wells of Oconee White Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Arnsdorff Baughman Blalock of Coweta Bowen of Dawson
Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Caldwell Clark of Catoosa Conger Conner Crummey Been of Bacon Dicus Echols Etheridge Flynt Fowler of Treutlen Fulford Griffin Hale
Hall Harrell Harrington Henderson Herndon Hill Hurst Johnson of Warren Jones of Liberty Jones of Lumpkin Jordan of Calhoun Keadle Knight of Laurens Laite Lane Lee of Clinch Leonard Logan Matthews of Clarke McClelland McCracken McDonald McGarity
Melton Moate Mullis Murphy Newton of Colquitt Overby Pafford Payton Perry of Marion Phillips Pickard Ponsell Poole Raulerson Reaves Roberts Rodgers Roper Rowland Rutland Sangster Shuman Singer
1524
JOURNAL OF THE HOUSE,
Smith of Forsyth Smith of Emanuel Stuckey Teague Tucker of Catoosa
Underwood of Montgomery
Vaughn Watts Wells of Camden
Wilkes Williams of Hall 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.
HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll, and others:
A bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933", so as to remove certain grounds for the annulment of an adoption; 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 amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes," approved March 27, 1941 (Ga. Laws 1941, p. 300), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956, p. 695), so as to remove certain grounds for the annulment of an adoption; 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 amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption petition is field on the proposed adoption by the State De partment of Public Welfare where facilities are available; and for other purposes," approved March 27, 1941 (Ga. Laws 1941, p. 300), as amended, particularly by an Act approved March 9, 1956 (Ga. Laws 1956. p. 695), is hereby amended by striking Section 13 in its entirety.
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.
MONDAY, MARCH 11, 1963
1525
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 Alien Andrews Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Brown Busbee Byrd Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Hall Harris
Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd
Kelly Killian King Kirkland Lambert Lee of Clinch Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Newton of Jenkins Odom Paris Partridge Perry of Evans Peterson
Ponsell Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roper Rowland Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee White Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Anderson
Arnsdorff Bagby
Baughman Bowen of Dawson
1526
JOURNAL OF THE HOUSE,
Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Conger Conner Crummey Cullens Deen of Bacon Dicus Echols Griffin Groover Hale Harrell Harrington Hill Jones of Lumpkin Jordan of Calhoun
Keadle Keyton Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Leonard Logan Mackay McCracken McDonald McGarity Mullis Murphy Nessmith Newton of Colquitt Overby Pafford Parker Payton Perry of Marion
Phillips Pickard Poole Eoberts Rodgers Russell Rutland Sangster Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Stuckey Towson Tucker of Catoosa Tucker of Burke Vaughn Watts Wells of Camden Wilkes Williams of Hall Mr. Speaker
On the passage of the bill, by substitute, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 511. By Messrs King of Chattahoochee, Steis of Harris and others:
A bill to be entitled an Act to amend the Ga. Motorboat Numbering Act, so as to authorize entering agreements for registration of boats used on waters contiguous to or forming a part of or abutting upon the boundaries 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 Acree Alien
Anderson Ballard Barber
Baughman Bedgood Bell
MONDAY, MARCH 11, 1963
Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Pannin Echols Fleming
Flynt Fowler of Douglas Fulford Funk Gibbons Greene Hall Harrell Harrington Harris Henderson Herndon Hill Horton House
Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Kelly Keyton Killian King Kirkland Knight of Berrien Lambert Lane Lee of Clinch Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Colquitt McClelland McDonald McGarity McKemie Meeks Melton Milford Mixon Moore
Morgan of Newton Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Payton Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss
1527
Rainey Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Twitty Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor
Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs. :
Andrews Arnsdorff Bagby Branch
Brantley Brooks of Fulton Caldwell Causby
Conger Crummey Dicus Duncan of Carroll
1528
JOURNAL OF THE HOUSE,
Etheridge Flournoy Floyd Fowler of Treutlen Griffin Groover Hale Hurst Jones of Liberty Jones of Lumpkin Jordan of Calhoun Keadle Knight of Laurens Laite Lee of Clayton Leonard
Logan Mackay Matthews of Clarke McCracken Milhollin Mitchell Moate Morgan of Gwinnett Mullis Murphy Nessmith Pafford Parker Phillips Pickard Raulerson
Rodgers Rowland Rutland Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Stuckey Tucker of Burke Vaughn Watts Wells of Camden 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.
SB 84. By Senator Pannell of the 54th: A Bill to be entitled an Act to provide an alternate method for furnish ing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State of the Republic moves to amend SB 84 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new section to read as follows:
"Section 1. There is hereby created a Department of the State Government to be known as the "State Employees Assurance Deparment". The management of the Department shall be in a Board of Directors consisting of the Comptroller General, the Commissioner of Labor, the State Auditor, the Director of the State Merit System, and two members to be appointed by the Governor."
The following amendments were read and adopted:
Mr. Bolton of Spalding moves to amend SR 84 as follows:
By adding a semi-colon at the end of Section 2 thereof and adding the following language:
MONDAY, MARCH 11, 1963
1529
"Provided however, no director or members shall receive any compensation whatsoever from any source."
Mr. Fleming of Richmond moves to amend SB 84 as follows:
By striking the words "Fulton County" in line 3 of section 9 and inserting in lieu thereof the words the "plaintiffs residence."
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 Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens
Da vis Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Echols Etheridge Fleming Floyd Flynt Fowler of Treutlen Fulford Funk Greene Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Keadle
Kelly Keyton Killian King Kirkland Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt McClelland McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Odom Overby Paris Partridge
1530
Payton Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole Pope Rainey Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough
JOURNAL OF THE HOUSE,
Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Story Tabb Todd
Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Woodward
Those not voting were Messrs.:
Andrews Branch Brooks of Fulton Caldwell Causby Clarke of Monroe Conger Crummey Dicus Dorminy Duncan of Carroll Flournoy Fowler of Douglas Gibbons Griffin Groover Hale Hurst
Jordan of Floyd Jordan of Calhoun Knight of Laurens Knight of Berrien Laite Leonard Logan Matthews of Colquitt McCracken McGarity Moate Mullis Murphy Newton of Colquitt Pafford Parker Phillips Poss
Raulerson Rodgers Rowland Rutland Singer Smith of Emanuel Snow Stuckey Teague Towson Tucker of Catoosa Vaughn Watts Wells of Camden Williams of Hall Wilson of Brantley Wilson of Cobb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 83. By Senator Pannell of the 54th:
A Bill to be entitled an Act to provide an alternate method for furnish ing of Survivors' Benefits for the eligible members of the Employees' Retirement System; and for other purposes.
MONDAY, MARCH 11, 1963
1531
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 Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy
Flynt Fowler of Douglas Fowler of Treutlen Funk Greene Groover Hall Harrell Harrington Harris Henderson Hill Horton House Houston
Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee
Keadle Kelly Keyton Killian
King Kirkland Knight of Berrien
Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity
McKemie Meeks Melton Milford Milhollon Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton Odom Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Roper Russell Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Forsyth Smith of Telf air Smith of Habersham Smith of Whitfield
1532
Snow Spikes Stalnaker Steis Story Tabb Todd Towson
JOURNAL OP THE HOUSE,
Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Ware Warren
Watson Wells of Peach Wells of Oconee White Wilkes Williams of Coffee
Those not voting were Messrs.:
Andrews Blalock of Coweta Brooks of Fulton Caldwell Causby Clarke of Monroe Conger Crummey Dicus Duncan of Carroll Floyd Fulford Gibbons Griffin Hale Herndon Jordan of Floyd
Jordan of Calhoun Knight of Laurens Laite Leonard Logan McCracken McDonald Moate Mullis Murphy Newton of Colquitt Overby Pafford Phillips Rhodes Rodgers Rowland
Rutland Sangster Shuman Singer Smith of Emanuel Stuckey Teague Tucker of Burke Vaughn Walker Watts Wells of Camden Williams of Hall Wilson of Brantley Wilson of Cobb 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 512. By Messrs. Steis of Harris, King of Chattahoochee and others: A Bill to be entitled an Act to amend an Act comprehensively revising, consolidating and superseding the laws relating to the Game and Fish Commission, so as to authorize and empower making agreements be tween Georgia and those States bordering on this State on individual basis, for taking waterfowl on waters forming part of or abutting on 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:
MONDAY, MARCH 11, 1963
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Pannin Duncan of Carroll Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Greene Hall Harrington Hill
House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Knight of Berrien Lambert Lee of Dougherty Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Parker Partridge Perry of Marion
1533
Perry of Evans Peterson Pickard Ponsell Pope Raulerson Reaves Richardson Roberts Roper Rowland Russell Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Snow Spikes Steis Story Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Ware Warren Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Voting in the negative was Mr. Smith of Whitfield:
Those not voting were Messrs.:
Acree Andrews
Bagby Blalock of Coweta
Bolton Branch
1534
JOURNAL OF THE HOUSE,
Brantley Brooks of Pulton Caldwell Carr Causby Clarke of Monroe Conger Conner Crummey Dicus Echols Etheridge Floyd Gibbons Griffin Groover Hale Harrell Harris Henderson Herndon
Horton Jones of Lumpkin Jordan of Calhoun Kirkland Knight of Laurens Laite Lane Leonard Logan Mackay McCracken McDonald McGarity Mullis Murphy Overby Pafford Paris Payton Phillips Poole
Poss Rainey Rhodes Rodgers Rutland Sangster Singer Smith of Emanuel Smith of Habersham Stalnaker Stuckey Vaughn Walker Watson Watts Wells of Peach Wilkes Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 137, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, and others:
A Bill to be entitled an Act to amend Code Section 88-107, relating to the powers, duties and rights of the Board of Health and the Director of the Department of Public Health, so as to authorize the Director to execute instruments to release proper parties from further com pliance with certain contractual obligations; and for other purposes.
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 Alien Anderson
Arnsdorff Bagby Ballard
Barber Baughman Bedgood
MONDAY, MARCH 11, 1963
Bell Blair Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Fleming Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Greene Hale Hall Harrington Henderson Hill House Houston Hull
Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Muscogee Keadle Kelly Keyton Killian King Knight of Laurens Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt McClelland McGarity McKemie Meeks Melton Milford Milhollin Mitchell Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Odom Overby Paris Parker Partridge Perry of Marion
1535
Peterson Poole Pope Poss Raulerson Reaves Rhodes Richardson Roper Rowland Russell Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Story Teague Todd Towson Tucker of Catoosa Twitty Waldrop Ware Warren Wells of Oconee White Williams of Coffee Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Black Blalock of Coweta Bolton Branch Brooks of Fulton Brown Caldwell Causby Clarke of Monroe
Conger Crummey Davis Dicus Dorminy Duncan of Carroll Echols Etheridge Flournoy Floyd Gibbons
Griffin Groover Harrell Harris Herndon Horton Johnson of Warren Jones of Liberty Jones of Lumpkin Jordan of Floyd Jordan of Calhoun
1536
JOURNAL OF THE HOUSE,
Kirkland Knight of Laurens Laite Lane Leonard Logan Matthews of Clarke McCracken McDonald Mixon Moate Mullis Murphy Newton of Colquitt Pafford Payton
Perry of Evans Phillips Pickard Ponsell Rainey Roberts Rodgers Rutland Sangster Simpson Singer Smith of Emanuel Smith of Habersham Steis Stuckey Tabb
Tucker of Burke Underwood of
Montgomery Underwood of Taylor Vaughn Walker Watson Watts Wells of Peach Wells of Camden Wilkes Williams of Hall Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 166-470. By Messrs. Rogers of Charlton and Wells of Camden:
A Resolution designating the Alva P. Hopkins, Jr. 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.:
Abney Anderson Arnsdorff Ballard Barber Baughman Bedgood Bell Blair Bowen of Randolph Bowen of Dawson Bowen of Toombs
Brackin Brantley Brooks of Oglethorpe Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner
Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Fleming Flournoy
MONDAY, MARCH 11, 1963
Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Greene Hale Hall Harrington Harris Henderson Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey
Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald McKenzie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson Poole Pope Poss Raulerson Reaves Richardson Rodgers Roper
1537
Russell Scarborough Sewell Shaw Shea Shuman Simmons Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Teague Todd Towson Tucker of Catoosa Underwood of
Montgomery Waldrop Walker Ware Warren Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Andrews Bagby Black Blalock of Coweta Blalock of Clayton
Bolton Branch Brooks of Fulton Brown Caldwell Causby Clarke of Monroe Conger
Crummey Dicus Duncan of Carroll Etheridge Floyd Gibbons Griffin
Groover Harrell Herndon Hill Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun
Knight of Laurens Laite Lane Leonard Logan McCracken McGarity
Moate Mullis Murphy Pafford Perry of Evans Phillips Pickard Ponsell
1538
Rainey Rhodes Roberts Rowland Rutland Sangster Simpson
JOURNAL OP THE HOUSE,
Sinclair Singer Smith of Emanuel Stuckey Tabb Tucker of Burke Twitty
Underwood of Taylor Vaughn Watts Wilkes Wilson of Brantley Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 139, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 556. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Code Section 10-501 providing that the fees of an auditor shall be taxed by the judge and providing the amount of said fees, so as to provide that the fees of an auditor to whom a case had been referred shall be determined by the trial judge making such referral; and for other purposes
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 Alien Anderson Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown
Busbee Byrd Chance Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Etheridge Fleming Flournoy
Flynt Fowler of Douglas Fulford Funk Greene Groover Hall Harrell Harris Henderson Hill Horton House Houston Hull Isenberg Johnson of Elbert
MONDAY, MARCH 11, 1963
Jones of Muscogee Keadle Kelly Killian Kirkland Knight of Berrien Lambert Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald McKemie Meeks Melton Milford Mitchell Mixon Moore
Morgan of Gwinnett Morgan of Newton Newton of Colquitt Odom Overby Paris Partridge Payton Perry of Marion Peterson Poole Pope Poss Reaves Rhodes Richardson Roberts Roper Rowland Scarborough Shea Shuman Simmons Smith of Telfair Smith of Whitfield
1539
Snow Spikes Stalnaker Steis Story Teague Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware Watson Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those voting in the negative were Messrs. Smith of Habersham, and Warren.
Those not voting were Messrs.:
Acree Andrews Arnsdorff Bagby Black Brackin Branch Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Carr Causby Chandler Clarke of Monroe Conger Conner Crummey Dicus Duncan of Carroll Echols Ployd
Fowler of Treutlen Gibbons Griffin Hale Harrington Herndon Hurst Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keyton King Knight of Laurens Laite Lane Lee of Clinch Leonard Logan McCracken
McGarity Milhollin Moate Mullis Murphy Nessmith Newton of Jenkins Pafford Parker Perry of Evans Phillips Pickard Ponsell Rainey Raulerson Rodgers Russell Rutland Sangster Sewell Shaw Simpson
1540
JOURNAL OF THE HOUSE,
Sinclair Singer Smith of Forsyth Smith of Emanuel Stuckey
Tabb Todd Tucker of Burke Vaughn Watts
Wilkes Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 557. By Mr. McClelland of Fulton:
A Bill to be entitled an Act to amend Code Charter 10-5 providing that fees of an auditor shall be taxed by the judge and providing for the amount of such fees, and for other purposes.
The following amendment was read and adopted:
Mr. McClelland of Fulton moves to amend HB 557 as follows:
By striking from that portion of Section 1 designated as 10-502. (a) the words and figure "twenty-five ($25.00) dollars per day plus".
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 Anderson Andrews Ballard Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson
Brantley Brown Busbee Bynum Byrd Carr Chance Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens
Davis Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Fannin Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas
MONDAY, MARCH 11, 1963
Funk Greene Groover Hall Harris Henderson Hill Horton House Hull Hurst Isenberg Johnson of Elbert Johnson of Warren
Jones of Worth Jones of Muscogee Jordan of Calhoun
Kelly Keyton Killian Knight of Berrien
Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis Lindsey Lokey Lowrey Mackay
Matthews of Colquitt
McClelland McGarity Meeks Melton Milford Mitchell Mixon Moore Morgan of Newton Nessmith Newton of Colquitt
Odom Overby Paris Partridge Payton Perry of Marion Perry of Evans
Peterson Poole Pope Poss Reaves Richardson Roberts Roper Rowland Russell Sangster Scarborough
1541
Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Porsyth Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story Teague Tucker of Catoosa Twitty Underwood of Taylor Waldrop Ware Warren Watson Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Alien Arnsdorff Bagby Barber Black Bolton Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Fulton
Caldwell Causby Chandler Clarke of Monroe
Conger Crummey DeVane Dicus
Duncan of Carroll
Echols Fowler of Treutlen Fulford Gibbons Griffin Hale Harrell Harrington Herndon Houston Jones of Liberty Jones of Lumpkin Jordan of Floyd
Keadle King Kirkland Knight of Laurens
Laite Leonard
Logan Matthews of Clarke
McCracken McDonald McKemie Milhollin Moate Morgan of Gwinnett
Mullis Murphy Newton of Jenkins
Pafford Parker Phillips Pickard Ponsell Rainey Raulerson Rhodes Rodgers
1542
JOURNAL OF THE HOUSE,
Rutland Singer Smith of Emanuel Smith of Habersham Stuckey Tabb
Todd Towson Tucker of Burke Underwood of
Montgomery Vaughn
Walker Watts White Wilkes Mr. Speaker
On the passage of the bill, as amended, the ayes were 129, nays 0.
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 resolution of the House was again taken up for consideration:
HR 167-477. By Messrs. Odom and Lee of Dougherty:
A Resolution to amend a Resolution so as to change the amount of traveling expenses allowed Judges of the Superior Courts of this State; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Andrews Bagby Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Busbee
Bynum Byrd Carr Chance Chandler Coker of Cherokee Coker of Turner Conner Cullens Davis Deen of Bacon Dixon Duncan of Fannin Echols Fleming Flournoy
Gibbons Hale Hall Harrell Harrington Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin
MONDAY, MARCH 11, 1963
Jones of Muscogee Kelly Keyton Kirkland Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay McClelland McGarity McKemie Meeks Melton Mitchell Morgan of Gwinnett Nessmith Odom Paris
Partridge Payton Perry of Evans Phillips Ponsell Poole Pope Poss Rainey Reaves Richardson Roberts Rowland Russell Sangster Sewell Shea Shuman Simmons Simpson Sinclair Singer Smith of Telfair Snow
1543
Spikes Steis Story Tabb Teague Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Causby Clark of Catoosa Jordan of Floyd
Leonard Mixon Moore
Perry of Marion Roper Smith of Habersham
Those not voting were Messrs.:
Alien Anderson Arnsdorff Ballard Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Clarke of Monroe Conger Crummey DeVane Dicus Dorminy Duncan of Carroll Etheridge
Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Greene Griffin Groover Harris Horton Johnson of Warren Jones of Liberty Jordan of Calhoun Keadle Killian King Knight of Laurens Laite Lane
Logan Matthews of Clarke Matthews of Colquitt McCracken McDonald Milford Milhollin Moate Morgan of Newton Mullis Murphy Newton of Jenkins Newton of Colquitt Overby Pafford Parker Peterson Pickard Raulerson Rhodes
1544
JOURNAL OF THE HOUSE,
Rodgers Rutland Scarborough Shaw Smith of Forsyth Smith of Emanuel
Smith of Whitfield Stalnaker Stuckey Todd Tucker of Burke Watson
Watts White Williams of Hall Woodward Mr. Speaker
On the adoption of the resolution, the ayes were 118, nays 9.
The resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, HR 197-583 was ordered immediately transmitted to the Senate.
Mr. Bolton of Spalding moved that the House do now adjourn until 9:30 tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock tomorrow morning.
TUESDAY, MARCH 12, 1963
1545
Representative Hall, Atlanta, Georgia Tuesday, March 12, 1963
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 offered by Reverend L. Y. Lewis, Pastor, Midway Baptist Church, Cairo, Georgia.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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, Tuesday, March 12, 1963, and submits the following:
HB
42. Highway Board, expenditures of funds
HB 127. Injure property, electrical system
1546
JOURNAL OF THE HOUSE,
HB 140. Old Age & Survivors insurance, certain officers
HR 86-157. Retirement systems, invest in home loan
HR 87-157. Home building industry, own insuring
HR 218. Compensation Resolution
HB 223. Solicitor-General Emeritus, qualifications
HB 224. Relating to health insurance plan
HB 272. Drivers' license, fee
HB 348. Sheriffs' retirement (reconsidered)
HB 397. Relating to Game & Fish Commission
HB 401. Voting by mail, amend
HB 432. Applied psychologists, license
HB 443. Georgia Ports Authority, amend
HB 445. Timber, action in trover
HB 452. Make public name of child, change age limit
HB 460. False advertising, penalty
HB 487. Relating to entering and stealing
HB 498. County Board of Health expenses
HB 516. Georgia Insurance Code, doctors of podiatry
HB 525. Senatorial Districts, change
HB 535. Relating to debt due by garnishee (postponed 3/11/63)
HR 184-535. Assess license fees, county authorities
HR 185-535. Forward Georgia Commission, create
HB 561. Department of Public Welfare, re-name
HB 562. County boards of family services
HB 495. Purchasing Department, Salary
HB 594. Claims Advisory Board, create
HB 613. Rabbit bill
HB 630. Detaching territory, Municipality
HB 638. Reports of State Auditor
HB 636. Income tax; computation
HB 528. Income tax returns, corporation
HB 657. State Parks Board
SR
7. Four year term, State Senators
SB
11. Close certain businesses on Sunday
TUESDAY, MARCH 12, 1963
1547
SB
14. Inspection of motor vehicles
SR
24. Election Laws Study Committee, create
SR
64. Governor's Commission for Research
SB
80. Optometry, State Board, clarify authority
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham, Secretary
By unanimous consent, the following bills of the House were added to the Rules Committee Calendar due to being left off through error:
HB 449. By Messrs. Bagby of Paulding, Cullens of Bartow, Jordan of Floyd and others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person who has been convicted for the violation of any of the criminal laws against the United States of America and who has served two separate sentences in any penal institution, custodial insti tution or other places of confinement to serve in any municipal, county, district or State election or primary; and for other purposes.
HB 581. By Mr. Cullens of Bartow:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund; and for other purposes.
By unanimous consent, the following Bills of the House were read the first time and referred to the Committee:
HB 684. By Messrs. Cullens of Bartow, Bagby of Paulding, Knight of Berrien, Abney of Walker, Murphy of Haralson and Paris of Barrow:
A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program of Education, so as to increase the minimum salaries which shall be paid to the drivers of school busses in all counties of this State; and for other purposes.
Referred to the Committee on Appropriations.
HB 685. By Mr. Smith of Whitfield: A Bill to be entitled an Act to amend an Act regulating professional
1548
JOURNAL OF THE HOUSE,
fund raising, so as to redefine the exemption from registration for religious organizations; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 686. By Mr. Dean of Polk:
A Bill to be entitled an Act to amend an Act relating to punishment for violation of election laws, so as to change minimum limits for the solicitation of votes at polling places; and for other purposes.
Referred to the Committee on Judiciary.
HB 687. By Mr. Dean of Polk:
A Bill to be entitled an Act to create a State Election Board for the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 688. By Mr. Dean of Polk:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who are members of the Georgia Civil Defense; and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following bills and resolutions of the House and Senate were read the second time:
HB 660. By Messrs. Bell, Fleming and Hull of Richmond:
A Bill to be entitled an Act to amend an Act relating to additional duties of the Clerks of the Superior Courts, so as to provide that said Clerk may provide a suitable cross-reference card-index system for the records; and for other purposes.
HB 661. By Messrs. Dicus and Jones of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners in certain counties; and for other purposes.
HB 662. By Mr. Wilson of Cobb:
A Bill to be entitled an Act to create a Chairman and Board of Commissioners of Roads and Revenues for Cobb County; and for other purposes.
TUESDAY, MARCH 12, 1963
1549
HB 663. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Brooks County relating to the compensation of the Clerk; and for other purposes.
HB 664. By Mr. Snow of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville; to authorize the mayor and council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value of all property; and for other purposes.
HB 665. By Mr. Snow of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville, so as to authorize the mayor and council to levy and collect tax of not more than $1.50 on every $100.00 of the assessed value upon all property; and for other purposes
HB 666. By Messrs. Mackay, Harris and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act known as the "Urban Redevelopment Law", so as to provide for the suspension of certain requirements when an urban redevelopment area has been designated a disaster area; and for other purposes.
HB 667. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act to establish a Board of Commissioners for Bibb County; and for other purposes.
HB 668. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act codifying all former Acts relating to and dealing with the Municipal Court of the City of Macon, so as to establish and create in lieu thereof a Civil Court of Bibb County; and for other purposes.
HB 669. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as the Urban Redevelopment Law in counties having a population of 250,000 and not more than 500,000; and for other purposes.
HR 234-669. By Messrs. Mackay, Harris and Rutland of DeKalb:
A Resolution to create for the citizens of DeKalb County a Com mission to study public safety; and for other purposes.
1550
JOURNAL OF THE HOUSE,
HB 670. By Messrs. Groover and House of Bibb:
A Bill to be entitled an Act to authorize municipalities to enact ordinances making it unlawful to sell or possess non-tax paid alcoholic beverages; and for other purposes.
HB 671. By Mr. Williams of Hall:
A Bill to be entitled an Act to amend an Act providing for the posting and returning of bonds to employers relative to Workman's Compensa tion, so as to provide for the return of bonds to self-insurers; and for other purposes.
HB 672. By Mr. Williams of Hall:
A Bill to be entitled an Act to amend Code Section 114-107, relating to workman's compensation, so as to provide that Code Title 114 shall not apply to certain employers and employees unless such em ployers voluntarily elect to be bound by said Code Title; and for other purposes.
HB 673. By Mr. Byrd of Walton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton County, so as to provide that the Board may employ persons to conduct a tax equaliza tion program for Walton County; and for other purposes.
HB 674. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Irwin County, and for other purposes.
HB 675. By Messrs. House, Groover and Laite of Bibb:
A Bill to be entitled an Act directing the City of Macon to close vacate, abandon land discontinue the use of a portion of the Old City Cemetery, located in and adjacent to Square 35, Old City in the City of Macon, for cemetery purposes; and for other purposes.
HR 235-675. By Mr. McDonald of White: A Resolution authorizing the transfer of certain real property located in White County; and for other purposes.
HB 676. By Mr. Jones of Worth: A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester; and for other purposes.
TUESDAY, MARCH 12, 1963
1551
HB 677. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to amend the charter of the City of Valdosta, relating to elections; and for other purposes.
HB 678. By Messrs. Lowndes and Gibbons of Lowndes:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Valdosta; and for other purposes.
HB 679. By Mr. Roper of Greene:
A Bill to be entitled an Act to create the Greene County Development Authority; and for other purposes.
HR 236-679. By Mr. Acree of Towns:
A Resolution creating a interim legislative committee to study the operation and facilities at Battey State Hospital; and for other purposes.
HB 680. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act which provides for the retirement and payment of pensions to the Judges and Solicitor Gen eral of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County; and for other purposes.
HB 681. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Bill to be entitled an Act to authorize the solicitor-general of the Superior Court in certain counties to appoint certain investigators; and for other purposes.
HB 682. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Newton County; and for other purposes.
HB 683. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to delete the pro vision excepting businesses subject to regulation by the State Public Service Commission from the assessment of license fees, charges or taxes on such businesses; and for other purposes.
1552
JOURNAL OF THE HOUSE,
HR 238-683. By Mr. Smith of Habersham: A Resolution to compensate Ed Lonzo Smith; and for other purposes.
HR 240. By Messrs. Melton and Bolton of Spalding:
A Resolution urging the Budget Bureau to make available funds for the restoration and repair of Elijah Clark's grave and monument; and for other purposes.
SR 65. By Senators Conway of the 41st and Broun of the 46th:
A Resolution providing for a study of subsidies offered to attract new industry and other matters relative thereto; and for other purposes.
SR 73. By Senators Pannell of the 54th, Jackson of the 16th and Gayner of the 5th:
A Resolution abolishing the Government Operations Committee of the Senate; and for other purposes.
SB 114. By Senator Kidd of the 25th:
A Bill to be entitled an Act to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; and for other purposes.
SB 124. By Senators Coggin of the 35th, Miller of the 50th, Downing of the 1st and Searcey of the 2nd:
A Bill to be entitled an Act to provide that each employee in the State of Georgia shall be permitted by his employer to have sufficient time off to vote in primaries and elections for which such employee is qualified and registered to vote; and for other purposes.
SB 131. By Senator Pannell of the 54th:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide for the filing of a notice in connection with disability benefits; and for other purposes.
SB 140. By Senator Noble of the 19th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rochelle, Wilcox County, Georgia, so as to provide for the payment of a salary for the mayor and aldermen of the City of Rochelle; and for other purposes.
TUESDAY, MARCH 12, 1963
1553
SB 144. By Senator Noble of the 19th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Cochran under the corporate name and style "City of Cochran", as amended, so as to create a Zoning Commission for said City; and for other purposes.
SB 145. By Senator Miller of the 50th:
A Bill to be entitled an Act to provide the Governor-Elect with certain information and facilities from the time of his election until the time of his inauguration; to repeal conflicting laws; and for other purposes.
SB 148. By Senator Pannell of the 54th:
A Bill to be entitled an Act to amend an Act creating the Jekyll Island State Park Authority, as amended, so that the Authority may be known as the "Jekyll Island-State Park Authority"; and for other purposes.
Mr. Blalock of Coweta 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 125-317. Do Pass. HR 216-632. Do Pass, as Amended. HR 181-516 Do Pass. HR 192-579 Do Pass, as, as Amended.
Respectfully submitted, Blalock of Coweta, Chairman.
Mr. Blalock of Coweta 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 218-635. Do Pass.
1554
JOURNAL OF THE HOUSE,
HR 57-130. Do Pass, by Substitute. HB 364. Do Pass, as Amended. HB 594. Do Pass.
Respectfully submitted, Blalock of Coweta, Chairman.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 196-583. Do Pass. HR 156-427. Do Pass, as Amended.
Respectfully submitted, Blalock of Coweta, Chairman.
Mr. Melton of Spalding County, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Reso lution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 227. Do Pass. Respectfully submitted, Melton of Spalding, 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 Bills
TUESDAY, MARCH 12, 1963
1555
of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 33. Do Pass. SB 123. Do Pass.
Respectfully submitted, Ballard of Newton, 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 456. Do Pass. HB 670. Do Pass.
Respectfully submitted, Busbee of Dougherty, Chairman.
Mr. Hall of Dade County, Chairman of the Committee on Local Affairs, sub mitted 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 631, Do Pass. HB 633. Do Pass. HB 642. Do Pass. HB 644. Do Pass. HB 646. Do Pass. HB 647. Do Pass. HB 648. Do Pass. HB 649. Do Pass. HB 589. Do Pass.
1556
JOURNAL OF THE HOUSE,
HB 590. Do Pass. HB 652. Do Pass. HB 659. Do Pass. HB 609. Do Pass, as Amended. HB 634. Do Pass, as Amended. HB 635. Do Pass, as Amended. HB 639. Do Pass, as Amended. HR 219-650. Do Pass. SB 100. Do Pass. SB 120. Do Pass. SB 135. Do Pass. SB 136. Do Pass. SB 126. Do Pass. HB 643. Do Pass by substitute.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Bolton of Spalding County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills and Resolutions 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 240. Do Pass.
SR 65. Do Pass.
SB 148. Do Pass.
SB 131. Do Pass.
SB 145. Do Pass.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
TUESDAY, MARCH 12, 1963
1557
Mr. Branch of Tift County, Chairman of the Committee on State Institution and Properties, submitted the following report:
Mr. Speaker:
Your Committee on State Institution and Properties 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:
HB 657. Do Pass.
HR 145-405. Do Pass, as Amended.
HR 215-629. Do Pass, by Substitute.
Respectfully submitted, Branch of Tift, Chairman.
Mr. Ware of Troup 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 Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 449. Do Pass. HB 495. Do Pass. HB 632. Do Pass, by Substitute. SB 137. Do Pass. SB 138. Do Pass. SB 139. Do Pass. SB 55. Do Pass. SR 14. Do Pass, by Substitute.
Respectfully submitted, Ware of Troup, 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:
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JOURNAL OF THE HOUSE,
HB 327. By Messrs. Conger and Griffin of Decatur:
A Bill to amend an Act creating the Georgia Factory for the Blind, so as to provide that workers in said factory shall receive and observe all State holidays with pay; and for other purposes.
HB 394. By Messrs. Conner of Jeff Davis, Wilkes of Cook and others:
A Bill to amend an Act relating to the various kinds of insurance, limits of risks, and reinsurance, 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 uninsured vehicle; and for other purposes.
HB 313. By Messrs. Dixon and Ponsell of Ware:
A Bill to provide 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; and for other purposes.
HB 454. By Messrs. Stalnaker and Peterson of Houston:
A Bill to amend an Act to create and incorporate a new municipality in Houston County; and for other purposes.
HB 508. By Mr. Chance of Twiggs:
A Bill to amend an Act establishing a new charter for the City of Jeffersonville, so as to change the corporate limits of the City of Jeffersonville; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 174. By Mr. Simmons of Banks:
A Bill to amend an Act creating the Piedmont Judicial Circuit, so as to change the terms of court in the County of Banks; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 48. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government; and for other purposes.
TUESDAY, MARCH 12, 1963
1559
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to-wit:
SB 146. By Senator Coggin of the 35th:
A Bill to amend Sec. 68-213 of the Code of Georgia, adopted March 24,1933, so as to provide for the registration of manufacturers and dealers of motor vehicles; and for other purposes.
The Senate has agreed to House amendments 1 and 2 and disagreed to amend ment 3 to the following Bill of the Senate:
SB 84. By Senator Pannell of the 54th:
A Bill to provide an alternate method for furnishing of Survivors' Bene fits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
The Senate agrees to the House amendment to the following Bills of the Senate:
SB 39. By Senators Miller of the 50th, Kendrick of the 32nd and others:
A Bill to provide that it shall be unlawful to sell certain automobiles after January 1, 1964, unless they shall be equipped with safety belts; and for other purposes.
SB 82. By Senator Harrison of the 48th:
A Bill to authorize the Commissioner of Agriculture to determine, establish and promulgate grades and standards of quality for citrus fruit offered for sale or held for sale in this State; and for other purposes.
The Senate agrees to the House substitute to the following Bills of the Senate:
SB 25. By Senator Phillips of the 27th:
A Bill to amend Code Section 39-1201, relating to the time, place and manner of holding public sales of property under execution; and for other purposes.
The Senate has disagreed to the House amendment to the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
1560
JOURNAL OP THE HOUSE,
SB 98. By Senator Puqua of the 22nd:
A Bill to amend Code Title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate, Senators Phillips of the 27th, Smalley of the 28th and Johnson of the 42nd.
Mr. Busbee of Dougherty asked unanimous consent that the following Bills of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Local Affairs:
HB 589. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to provide an additional compensation for the Solicitor-General of certain Judicial Circuits; and for other purposes.
HB 590. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the appointment of two Superior Court Reporters to Judges of Superior Courts in Counties having a population of 115,000 to 140,000; and for other purposes.
The consent was granted and HB 589 and 590 were recommitted to the Com mittee on Local Affairs.
The call of the roll was ordered and the following members answered to their names:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair
Blalock of Coweta
Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe Brown Byrd Caldwell Carr
Causby
Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon Dicus Dixon Dorminy
Duncan of Fannin
TUESDAY, MARCH 12, 1963
Echols Etheridge Fleming Plournoy Floyd Flynt Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Kirkland Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Lokey Lowrey MacKay Matthews of Colquitt McClelland McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper
1561
Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Spikes Stalnaker Steis Story Stuckey Tabb Todd Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.: Teague
Those not voting were Messrs.:
Abney Andrews
Bowen of Toombs Brooks of Fulton
Busbee Bynum
1562
JOURNAL OF THE HOUSE,
Clarke of Monroe Conger Conner Crummey DeVane Duncan of Carroll Fowler of Douglas Hill Jones of Worth
Kelly Knight of Laurens Logan Matthews of Clarke McDonald Moate Mullis Newton of Colquitt Paris
Rainey Simmons Singer Smith of Whitfield Snow Towson Tucker of Burke Ware Mr. Speaker
Mr. Simpson of Wheeler asked unanimous consent that the following Reso lution of the House be recommitted to the Committee on Appropriation:
HR 57-130. By Mr. Causby of Gordon:
A Resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of development as a tourist attraction the old capitol of the Cherokee Indian Nation located near New Echota in Gordon County; and for other purposes.
The consent was granted and HR 57-130 was recommitted to the Committee on Appropriation.
Mr. Blalock of Coweta moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 87. By Messrs. Pickard of Muscogee, Walker of Lowndes and Brantley of Candler:
A Bill to be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State Highway Department, to provide for the negotiation of contracts by the State Highway Director; and for other purposes.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien Arnsdorff Bagby Barber Baughman
Bedgood Black Blalock of Coweta Blalock of Clayton Bowen of Dawson Brackin
Branch Brooks of Oglethorpe Brown Bynum Byrd Caldwell
TUESDAY, MARCH 12, 1963
Carr Causby Chance Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Da vis Dean of Polk Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Flynt Fowler of Treutlen Fulford Funk Hale Hall Henderson Herndon Hill Horton Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jordan of Calhoun Keadle Keyton King
Kirkland Knight of Berrien Lane Lee of Clinch Lee of Clayton Leonard Lewis Lindsey Lokey Matthews of Colquitt McCracken McGarity McKemie Meeks Mixon Morgan of Gwinnett Newton of Jenkins Pafford Parker Perry of Evans Peterson Ponsell Poole Pope Poss Raulerson Reaves Rhodes Roberts Rodgers Roper Rowland
1563
Russell Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Spikes Steis Story Stuckey Tabb Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Warren Watts Wells of Peach Wells of Oconee White Williams of Coffee Wilson of Brantley Wodward
Those voting in the negative were Messrs.:
Anderson Bell Blair Bolton Brantley Busbee Chandler Conger Deen of Bacon Dicus Etheridge Fleming Flournoy Greene Griffin Groover Harrell Harrington
Harris House Houston Hull Isenberg Jones of Muscogee Jordan of Floyd Killian Laite Lambert Lee of Dougherty Lowrey Matthews of Clarke McClelland Melton Milford Mitchell Moore
Murphy Nessmith Odom Overby Partridge Payton Pickard Richardson Rutland Smith of Emanuel Smith of Habersham Stalnaker Teague Walker Wells of Camden Williams of Hall Wilson of Cobb
1564
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Abney Andrews Ballard Bowen of Randolph Bowen of Toombs Brooks of Pulton Clarke of Monroe Conner Crummey DeVane Ployd Fowler of Douglas Gibbons
Jones of Liberty Jones of Lumpkin Kelly Knight of Laurens Logan Mackay McDonald Milhollin Moate Morgan of Newton Mullis Newton of Colquitt Paris
Perry of Marion Phillips Rainey Simmons Singer Smith of Whitfield Snow Towson Twitty Ware Watson Wilkes Mr. Speaker
On the motion to reconsider, the ayes were 113, nays 53.
The motion prevailed and HB 87 was placed at the foot of the calendar.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 609. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend an Act providing for the com pensation of the county Treasurer in counties having a population of not less than 17,600 and not more than 17,700; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 609, as follows:
By striking from Section 1, which is quoted in Section 1, the figure "175.00" and inserting in lieu thereof the figure "150.00".
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, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
TUESDAY, MARCH 12, 1963
1565
HB 634. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Henry County; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 634, as follows:
By striking from Section 1, which is quoted in Section 1, the figures "3,000.00" and "2,000.00" and inserting in lieu thereof the figures "2,500.00" and "1,500.00", respectively.
By striking from Section 1, which is quoted in Section 2, the figures "5,000.00" and "3,500.00" and inserting in lieu thereof the figures "4,250.00" and "2,750.00".
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, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 635. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend an Act to consolidate, amend and codify the various Acts incorporating the Town of McDonough, so as to change the corporate liimts; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 635, as follows:
By striking from the ninth and tenth line of Paragraph 3 of Section 1, which is quoted in Section 1, the word "West" wherever it shall appear and inserting in lieu thereof the word "East".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
1566
JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 639. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend an Act incorporating the Town of McDonough, now the City of McDonough, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Local Affairs moves to amend HB 639, as follows:
By striking from the fourth sentence of Section 1, which is quoted in Section 1, the word "color" and inserting in lieu thereof the word "race".
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 643. By Mr. Smith of Habersham: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Habersham County, so as to change the compensation of the Board of Commissioners; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Habersham County, approved February 13, 1956 (Ga. Laws 1956, p. 2077), so as to change the com pensation of the members of the Board; to provide a procedure for pay ment of per diem and necessary expenses; to redefine the Board's purchasing power; to require that financial records and bills of sale shall be open at all times to any qualified voter of the County; to re-
TUESDAY, MARCH 12, 1963
1567
quire that sealed bidding times be announced; to provide for meetings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1
An Act creating a Board of Commissioners of Roads and Revenues for Habersham County, approved February 13, 1956 (Ga. Laws 1956, p. 2077), is hereby amended by striking therefrom Section 7 in its en tirety and substituting in lieu thereof a new Section 7 to read as
follows:
"Section 7. Each member of the Board shall be compensated in the amount of one hundred dollars ($100.00) per month. Each member shall receive a per diem of ten dollars ($10.00) plus neces sary expenses while outside the county on official business, pro vided, however, that the per diem and necessary expenses shall be set by the first Grand Jury in session after this Act becomes law, and any future changes in said per diem and necessary expenses shall also be effectuated by the Grand Jury. Such compensation to be paid from the funds of Habersham County."
SECTION 2
Said Act is further amended by striking Section 12 in its entirety and substituting in lieu thereof a, new Section 12 to read as follows:
"Section 12. The Board shall make all purchases for Haber sham County. All purchases over five hundred dollars ($500.00) shall be on a competitive sealed bid basis. All purchases of any one item during the year which in the aggregate amount to five hun dred dollars ($500.00) or more shall be on a competitive sealed bid basis, except in cases of emergency whereby the efficient opera tion of Habersham County Road Department might be impaired by delay in repair of road machinery. All financial records and records of bills of sale shall be open at all times for the inspection of any person qualified to vote in Habersham County. The Board shall not expend any funds of Habersham County in payment of purchases made in violation of this Section. Announcements that said sealed bids will be taken shall be posted in the office of the Commissioner and on the bulletin board outside the courthouse door. Said announcement must be posted not less than three days before bidding."
SECTION 3
Said Act is further amended by adding to Section 13 therein the following paragraph:
"Whenever one of the above mentioned days set aside for meet ings is an official holiday, the Chairman shall designate another
1568
JOURNAL OF THE HOUSE,
day for such meeting. In addition to the above required meetings, each Commissioner shall attend to the official business of Habersham County an average of two additional days per month."
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 631. By Mr. Deen of Bacon: A Bill to be entitled an Act creating a new charter for the City of Alma; to extend 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 633. By Messrs. Shea, Richarson and Funk of Chatham: A Bill to be entitled an Act to amend an Act incorporating the Town of Pooler, and for other purposes.
The report 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, MARCH 12, 1963
1569
HB 642. By Mr. Smith of Forsyth:
A Bill to be entitled an Act to create a one member Commissioner of Roads and Revenues for Forsyth 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 644. By Mr. Smith of Habersham:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector into the Office of Tax Commissioner, so as to change the compensation of the Clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 646. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hajl County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the 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.
1570
JOURNAL OF THE HOUSE,
HB 647. By Messrs. Overby and Williams of Hall:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County, so as to authorize the Board to construct roads; and for other purposes.
The report 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 648. By Messrs. Overby and Williams of Hall: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Hall County, so as to authorize the Board to construct sanitary sewers within any unincorporated areas of the county under certain conditions; and for other purposes.
The report 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 649. By Messrs. Fleming, Hull and Bell 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 for the City Council of Augusta; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 12, 1963
1571
HB 652. By Mr. Sangster of Dooly:
A Bill to be entitled an Act to amend an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Dooly, so as to change the salary 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 589. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to provide an additional compensation for the solicitor-general of certain judicial circuits; and for other purposes.
The report 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 590. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to be entitled an Act to provide for the apopintment of two Supe rior Court Reporters to Judges of Superior Courts in counties having a population of 115,000 to 140,000; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 659. By Messrs. Teague and Plournoy of Cobb:
A Bill to be entitled an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 219-650. By Messrs. Mackay, Rutland and Harris of DeKalb: A Resolution to create for the Citizens of DeKalb County a Commission to study the administration of justice; and for other purposes.
The report of the Committee, which was favorable to the passage of the Resolution, was agreed to.
On the passage of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was passed.
SB 100. By Senator Gayner of the 5th:
A Bill to be entitled an Act to provide for a secretary for the Judge of the Superior Court of the Brunswick Judicial Circuit; to provide for the method of payment of such secretary by the counties of said circuit; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, MARCH 12, 1963
1573
SB 120. By Senator Carlton of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Swainsboro, 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.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 126. By Senator Yancey of the 33rd:
A Bill to be entitled an Act to amend an Act to create the Cobb CountyMarietta Water 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 135. By Senators Brown of the 34th, Brewer of the 39th and Maclntyre of the 40th:
A Bill to be entitled an Act to provide in all counties of 500,000 or more population according to the U. S. Census of 1960 or any future U. S. Census that the Pension Board of the Board of Education shall recom pute the pension paid to those teachers and employees who had retired prior to April 1, 1955 and who had been awarded a basic pension for twenty years of service; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
1574
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 136. By Senators Brown of the 34th, Brewer of the 39th, and Maclntyre of the 40th and others:
A Bill to be entitled an Act applying to counties having a population of 500,000 or more by the U. S. Census of 1960 or any future U. S. Census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen; and for other purposes.
The report 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 of the Senate were read the first time and referred to the Committees:
SB 130. By Senator Fuqua of the 22nd:
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; and for other purposes.
Referred to the Committee on Judiciary.
SB 146. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Section 68-213 of the Code of Georgia, adopted March 24, 1933, so as to provide for the registration of manufacturers and dealers of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 147. By Senator Zorn of the 6th:
A Bill to be entitled an Act to amend an Act relating to the punishment of any person who shall desecrate the burial place of any human body; and for other purposes.
Referred to the Committee on Rues.
TUESDAY, MARCH 12, 1963
1575
The following Resolutions of the House were read and adopted:
HR 245. By Mr. Rutland of DeKalb:
A RESOLUTION
Expressing appreciation for the Prayer-Breakfast sponsored by the Atlanta and Pulton County Ministerial Association; and for other purposes.
WHEREAS, on Tuesday morning, the 12th day of February, 1963, a Prayer-Breakfast was held at the Dinkier Plaza Hotel for members of the General Assembly; and
WHEREAS, many distinguished Ministers of the Atlanta-Fulton County area were present; and
WHEREAS, the remarks made at such breakfast and the Bibles which were given to the members of the General Assembly were a religious inspiration, and it is hoped this occasion can and will become an annual affair.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby extend to all the distinguished Ministers of the Atlanta-Fulton County Minister ial Association their deepest appreciation for the very inspiring PrayerBreakfast given for members of the General Assembly.
BE IT FURTHER RESOLVED that the sincerest thanks of this Body is extended to said Ministers for the gifts of the Holy Bibles to the members and attendants at said Breakfast.
BE IT FURTHER RESOLVED that this Body does hereby recog nize the need for religious inspiration during their deliberations and it is the recommendation of this Body that this activity be made an annual affair.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to furnish copies of this Resolution to such persons as the Speaker shall direct.
HR 246. By Messrs. Meeks of Union, Milford of Franklin, Griffin and Conger of Decatur, Smith of Forsyth, and Leonard of Murray, and others.
A RESOLUTION
Expressing sympathy at the illness of the Honorable Representative Benjamin Cicero Logan; and for other purposes.
1576
JOURNAL OF THE HOUSE,
WHEREAS, the most esteemed Benjamin Cicero Logan, Represen tative from Gilmer County, is at the present time recuperating from an illness in St. Joseph's Hospital in Atlanta; and
WHEREAS, he is a most highly respected member of the House of Representatives and has rendered most outstanding services to his community and his State while serving in this Body; and
WHEREAS, he is a long time resident of Gilmer County, having served as County Commissioner of Roads and Revenues in that County and as Mayor of the City of Ellijay; and
WHEREAS, he has devoted the greater part of his life to public service in the rendering of unselfish services to his community and State; and
WHEREAS, the council and advice of Representative Logan 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 the Honorable Benjamin Cicero Logan for a speedy recovery and hopes that Representative Logan will soon be able to return to this House to take part in the deliberation 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 Repre sentative Logan.
HR 247. By Messrs. Meeks of Union, Smith of Forsyth, Milford of Franklin, Griffin and Conger of Decatur, and Hurst of Quitman, and others:
A RESOLUTION
Commending the patrolmen serving the Capitol area during the General Assembly, and in particular, Patrolman Raymond M. Black; and for other purposes.
WHEREAS, all the policemen assigned to serve the General Assem bly while that Body is in session for the 1963 Session have served most admirably and have performed an excellent service for all the members of that august Body and all the people of the State of Georgia; and
WHEREAS, these men have always been mindful of the members' interest and have always manifested a conscious desire to see that every member is guaranteed his every right and pleasure given to him as a member of the General Assembly; and
WHEREAS, in particular, the Honorable Patrolman Raymond M. Black has showed obvious pleasure in going out of his way to be sure
TUESDAY, MARCH 12, 1963
1577
that not only the members of the General Assembly but all the persons working in the Capitol area are treated with the utmost respect and kindness; and
WHEREAS, the burdens of the members of this Body have always been much lighter due to the efforts of Patrolman Black and all the other patrolmen serving the Capitol.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the Honorable Raymond M. Black and all the patrol men assigned to serve the Capitol area are hereby commended for their outstanding services to that Body and the sincerest appreciation is hereby extended to them from all 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 the Honorable Mr. Black and all the other above mentioned patrolmen.
HR 248. By Mr. Jordan of Calhoun.
A RESOLUTION
Expressing regrets at the passing of Honorable Charles E. Dews, Sr.; and for other purposes.
WHEREAS, Honorable Charles E. Dews, Sr., a former member of this Body, passed away on March 8, 1963, and is survived by his widow, five sons and one daughter; and
WHEREAS, he was a practicing attorney in Edison, Georgia, in Calhoun County, where he had resided since 1933 and was a member of the Albany Judicial Circuit Association and the Georgia Bar Association; and
WHEREAS, he served as President of the Edison Lions Club, Com mander of Post 183 of the American Legion and served on the Board of Stewards of Edison Methodist Church where he taught a Sunday School Class for many years; and
WHEREAS, he served two terms as State Representative from Calhoun County and two terms as State Senator from the old Ninth Senatorial District; and
WHEREAS, "Mr. Charlie," as he was affectionately known by his fellow members of the General Assembly, was one of the most loved and respected members of this Body and his passing will be a great loss to his community and to his State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby expressed at the
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passing of Honorable Charles E. Dews, Sr., and heartfelt 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 Charles E. Dews, Sr.
HR 249. By Mr. Brown of Hart:
A RESOLUTION
Commending Sherrill Whitaker, Melba Yeargin, Terrell Ayers, Alexa Carpenter and Shirley Yeargin; and for other purposes.
WHEREAS, the Hart County High School "Bulldogs" boys basket ball team and girls basketball team won both the 1963 Class AA High School Championships of the State of Georgia on Saturday, March 9, 1963, at Alexander Memorial Coliseum in Atlanta, Georgia; and
WHEREAS, Sherrill Whitaker was named the most valuable male player in basketball of Class AA High Schools in the State of Georgia; and
WHEREAS, Melba Yeargin was named the most valuable female player in basketball of Class AA High Schools in the State of Georgia; and
WHEREAS, Sherrill Whitaker and Terrell Ayers were named to the boys All-AA State basketball team; and
WHEREAS, Melba Yeargin, Alexa Carpenter and Shirley Yeargin were named to the girls All-AA State basketball team; and
WHEREAS, accomplishments of these boys and girls reflect great credit on Hart County and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Sherill Whitaker, Melba Yeargin, Terrell Ayers, Alexa Carpenter and Shirley Yeargin their sincerest congratulations and wish them every success in their future endeavors.
BE IT FURTHER RESOLVED that this Body does hereby bestow its commendation upon these outstanding students and excellent basket ball players.
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 Parks Brown, Representative
TUESDAY, MARCH 12, 1963
1579
from Hart County to be personally presented to the persons named in this Resolution.
HR 250. By Messrs. Perry and Smith of Forsyth:
A RESOLUTION
Commending the poultry growers of Georgia; and for other purposes. WHEREAS, poultry is the largest segment of Georgia agriculture, representing over 32% of total farm income; and
WHEREAS, the income from poultry in Georgia is larger than the combined total income from cotton, cotton seed, tobacco and corn-- larger than the combined income from cattle, calves, hogs, forest products and peanuts--and 25 times the income from peaches; and
WHEREAS, the 32,000 persons engaged in poultry growing oper ations in Georgia play a vital role in the economy of the State; and
WHEREAS, these Georgians and 128,000 others in other phases of this complex industry have brought national and worldwide fame to our State; and
WHEREAS, Georgia is the Broiler Capital of the World, having led the nation in the production of commercial broilers for twelve years; and
WHEREAS, Georgia poultry ranks at the top of the food list in taste, value and economy and is very versatile in the preparation of meat dishes for all types of meals; and
WHEREAS, Georgia's poultry producers continue to render signifi cant services to our State;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby earnestly and sin cerely commend the 32,000 poultry growers of the State of Georgia for their many accomplishments in this great industry and for their valuable importance to our State.
BE IT FURTHER RESOLVED that the citizens of Georgia are hereby urged to use poultry and poultry products as a main food dish and in the preparation of other foods.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to prepare appropri ate copies of this Resolution with the seal of the House of Representa tives affixed thereto and forward same to Honorable Ken Laurent, President, Georgia Poultry Federation, Augusta, Georgia, and Honorable Cliff Clegg, Past President, Georgia Poultry Federation, Pine Mountain Valley, Georgia.
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HR 251. By Mr. Hill of Meriwether:
A RESOLUTION
Relating to a World's Fair in Atlanta, Georgia; and for other purposes.
WHEREAS, Atlanta, the capital of Georgia, is also the chief city of the entire southeast, and due to serving millions of people annually, has become the unquestionable preference as a place for meetings, offices, stores, entertainment and general business for seven to ten states; and
WHEREAS, to become further entrenched and to perpetuate itself as the central city of this vast and vital region, Atlanta should provide to the millions who use, and who desire to use, the buildings and other facilities appropriate for their needs and purposes; and
WHEREAS, Atlanta, however, is seriously deficient now; being without a coliseum and related exhibition hall, without a municipal stadium, without adequate facilities for cultural performances and displays, without a planetarium, natural history museum, aquarium and similar facilities, its principal public building, an auditorium, having been built in the gaslight era to serve a potential audience less than 10% as large as Atlanta must now serve regularly; and
WHEREAS, Atlanta can and should be a great city but it can never be a really great city as long as it is without first rate facilities to meet these fundamental needs; and
WHEREAS, it has been suggested that the permanent facili ties to fill many of these long term needs can be paid for by means of a World's Fair in Atlanta; it being suggested that the facilities be pro vided by an equitable arrangement between the City of Atlanta, the Counties of its metropolitan area, the State of Georgia and the United States Government; and
WHEREAS, the World's Fair would be planned and conducted by a non-profit corporation directed and operated by a sizable and represen tative cross-section of the State's and City's leading citizens; and
WHEREAS, noting the possibilities of this suggestion, the Governor of Georgia, Honorable Carl E. Sanders, and the Mayor of Atlanta, Honorable Ivan Alien, Jr., joined together on January 22, 1963, to appoint an Atlanta World's Fair Study Commission with 250 outstanding repre sentative members, ex-officio members and advisors, all serving without
compensation; and
WHEREAS, these 250 persons were directed by the Governor and Mayor to examine the desirability and general feasibility of a World's Fair in Atlanta which would attain two principal results: first, generate new moneys which would pay for desired permanent facilities and, second,
TUESDAY, MARCH 12, 1963
1581
achieve for Atlanta the national and international publicity and good will that would establish it as one of the world's outstanding cities; and
WHEREAS, the Commission was directed to report back as soon as possible as to the desirability and general feasibility of such a Pair, it being indicated that if the Commission concluded that the Fair was both desirable and generally feasible it may thereupon be requested to establish a Master Plan for its accomplishment, the Master Plan contain ing specific suggestions as to the participation of the various units of government, city, counties, state and federal; and
WHEREAS, the Commission has been divided into ten Special Committees and has been at work for several weeks, and although it has made no report, its studies to date indicate that within some 60 to 90 days it will report that an Atlanta World's Fair of the suggested magni tude is both desirable and generally feasible, and if such is the Commis sion's conclusion, the question will arise whether and how to proceed to prepare for and to accomplish an appropriate World's Fair in Atlanta.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
1. Atlanta should be a great city and should have the public buildings and related facilities befitting a great city.
2. A World's Fair in Atlanta is a worthy and desirable means of accomplishing for Atlanta the needed public facilities and of achieving for Atlanta the posture of one of the world's leading cities.
3. The Governor of Georgia and the Mayor of Atlanta are heartily commended for joining together to examine fully the potential and pros pects for a World's Fair in Atlanta and for appointing an adequate Study Commission for the purpose.
4. All 250 citizens who have accepted responsibilities as part of the World's Fair Study Commission are heartily commended for accepting this opportunity for public service. They are hereby requested and en couraged to perform this duty thoroughly and to report their findings as soon as possible.
5. If the Commission reports favorably as to the desirability and general feasibility of a World's Fair in Atlanta and at that time suggests the substantial participation of the State of Georgia in making possible such a World's Fair, then the Governor of Georgia shall know by the expression in this resolution that the General Assembly would like to encourage the making of a Master Plan for the accomplishment of a World's Fair in Atlanta; such Plan and the suggestions for the State of Georgia's participation to be presented in detail for consideration by the next session of the General Assembly of Georgia.
6. The General Assembly hereby appoints a Special Committee of its members, five to be appointed by the Speaker of the House of Repre sentatives, and four to be appointed by the President of the Senate, to serve as a liaison committee with the World's Fair Study Commission. This Special Committee is to report the status of the Atlanta World's Fair undertaking and to make recommendations as to the State of Geor-
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JOURNAL OP THE HOUSE,
gia's participation at the beginning of the next session of the General Assembly. The members shall receive no compensation, per diem, ex penses, or allowances for such service.
7. A copy of this resolution is to be transmitted by the Clerk of the House, for the purpose of information, to the Governor of Georgia and the Mayor and Board of Aldermen of the City of Atlanta, the Commis sioners of Fulton, DeKalb, Cobb, Clayton and Gwinnett Counties, to Georgia's United States Senators and to its members of the United States House of Representatives and to the members, ex-officio members and advisors to the Atlanta World's Fair Study Commission.
HR 252. By Messrs. Odom, Lee and Busbee of Dougherty.
A RESOLUTION >
Expressing regret at the passing of Lewis S. Tharin; and for other purposes.
WHEREAS, on February 28, 1963, the Honorable Lewis S. Tharin of Albany, Dougherty County, Georgia, passed away as a result of a heart attack; and
WHEREAS, Mr. Tharin was a very close friend of many members of the General Assembly who remember him for his excellent job while serving as Chairman of the State Legislative Board of the Brotherhood of Railroad Trainmen; and
WHEREAS, Mr. Tharin was a trainman and conductor for the Atlantic Coast Line Railroad, having served in that capacity for over 45 years; and
WHEREAS, Mr. Tharin was an outstanding member of his commu nity and State, having contributed generously to the business, civic, political and religious life therein, and these contributions will be sorely missed; and
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 this body does hereby express its sincerest and deepest sympathy at the passing of this outstanding citizen.
BE IT FURTHER RESOLVED, that the Clerk of the House is hereby authorized and directed to transmit a copy of this Resolution to Mrs. Lewis S. Tharin, 1409 Eager Ave., Albany, Georgia.
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1583
HR 253. By Mr. Paris of Barrow:
A RESOLUTION
Commending Julian Tilman Segars, Senior at Winder-Barrow High School, Winder, Georgia; and for other purposes.
WHEREAS, Julian Tilman Segars is the recipient of the 1962 Geor gia Star Future Farmers of America Award; and
WHEREAS, Julian Tilman Segars won this honor by competing with other eager and enthusiastic F.F.A. members throughout the State; and
WHEREAS, Winder-Barrow F.F.A. Chapter received the National Gold Emblem Award, which is the highest award any Chapter can receive, as a result of Julian Tilman Segars and John E. Yearwood, both Seniors at Winder-Barrow High School, receiving State F.F.A. awards; and
WHEREAS, it is of the utmost importance to the welfare of this Nation that the youth of this State be given recognition for their out standing achievements and be encouraged to prepare themselves for their future responsibilities and obligations as citizens of this great State and Nation; and
WHEREAS, it is only fitting and proper that recognition be given Julian Tilman Segars for this outstanding achievement and accomplish ment.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Julian Tilman Segars, Senior at WinderBarrow High School, Winder, Georgia, is hereby commended and con gratulated by this Body for this outstanding achievement and accom plishment and for bringing credit to himself and his State by receiving this honor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Julian Tilman Segars, to the Winder-Barrow F.F.A. Chapter and to the Principal of WinderBarrow High School.
HR 254. By Mr. Paris of Barrow:
A RESOLUTION
Commending John E. Yearwood, Senior at Winder-Barrow High School, Winder, Georgia; and for other purposes.
WHEREAS, John E. Yearwood is the recipient of the 1962 F.F.A. Poultry Farming Award for the State of Georgia; and
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JOURNAL OF THE HOUSE,
WHEREAS, John E. Yearwood won this honor by competing with other eager and enthusiastic F.F.A. members throughout the State; and
WHEREAS, Winder-Barrow F.F.A. Chapter received the National Gold Emblem Award, which is the highest award any Chapter can receive, as a result of John E. Yearwood and Julian Tilman Segars, both Seniors at Winder-Barrow High School, receiving State F.F.A. Awards; and
WHEREAS, it is of the utmost importance to the welfare of this Nation that the youth of this State be given recognition for their out standing achievements and be encouraged to prepare themselves for their future responsibilities and obligations as citiens of this great State and Nation; and
WHEREAS, it is only fitting and proper that recognition be given to John E. Yearwood for this outstanding achievement and accomplish ment.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that John E. Yearwood, Senior at Winder-Barrow High School, Winder, Georgia, is hereby commended and congratulated by this Body for this outstanding achievement and accomplishment and for bringing credit to himself and his State by receiving this honor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to John E. Yearwood, to the Winder-Barrow F.F.A. Chapter and to the Principal of WinderBarrow High School.
HR 255. By Mr. Jordan of Calhoun:
A RESOLUTION
Extending congratulations to the Edison High School Basketball Team of Calhoun County; and for other purposes.
WHEREAS, the Basketball Team of Edison High School in Calhoun County recently won the State Class C Boys Basketball Tournament in competition with many excellent and well coached teams from many parts of the State; and
WHEREAS, Edison High School consistently turns out wonderful basketball teams, having had teams in the State Tournament on several occasions and having won the State Title in 1960; and
WHEREAS, Honorable Dub Flowers, the Coach of said team, has accomplished an outstanding job and is a highly successful coach; and
WHEREAS, Mr. Joe Bryan, the lone Senior in the starting lineup
TUESDAY, MARCH 12, 1963
1585
of said team, has played magnificently all season and will be sorely missed next year.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby extends its heartiest con gratulations to the Basketball Team of Edison High School and to the Coach, Honorable Dub Flowers, and to its outstanding graduating Senior, Joe Bryan, on winning the State Class C Boys Basketball Tour nament.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a sufficient number of copies of this Resolution to Honorable Dub Flowers for presentation to each member of the team.
HR 88-157. By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, and others:
A RESOLUTION
Urging the Georgia Congressional Delegation in the United States Congress to lend their support and efforts toward relieving and eliminat ing the problems of the Federal Aid Agencies; and for other purposes.
WHEREAS, the Georgia General Assembly by committee appoint ment has studied the complex problems facing the Georgia home building industry; and
WHEREAS, the duly appointed committee has made an intense and diligent survey of these problems, and has filed a report to this General Assembly pointing out the need for a re-orientation of the Federal Aid Housing Agencies to provide more prompt and efficient service to the home buying public; and
WHEREAS, the Federal agencies are the prime source of housing aid in many areas of our State; and
WHEREAS, the home building industry is an integral and impor tant economic factor of our State and also of the Nation; and
WHEREAS, the growing State of Georgia wishes this important industry to grow and keep pace with the needs of our expansion and economy.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia General Assembly does hereby urge each and every member of the Georgia Congressional Dele gation in the United States Congress to lend their support and efforts toward relieving and eliminating the problems of the Federal Aid Agen cies and getting these agencies in position to conduct an intensive and progressive family housing program.
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BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to furnish Honorable Philip M. Chandler, Representative, Baldwin County, and Chairman of the Georgia Housing Administration Study Committee created at the 1962 Session of the General Assembly with such number of this Resolution as he may request.
HR 227. By Mr. Fowler of Douglas:
A RESOLUTION
Requesting the State Board of Education to study the problem of corporal punishment in public schools; and for other purposes.
WHEREAS, recent instances have been publicized where corporal punishment has been used to maintain discipline in public schools; and
WHEREAS, in some instances the use of corporal punishment by teachers has resulted in damage suits being filed against teachers who have employed corporal punishment on their students.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that the State Board of Education is requested to conduct a study and investigation into the problems related to the use of corporal punishment as a disciplinary measure. The State Board of Education is requested to establish a policy as to whether or not the use of corporal punishment is an effective means of maintaining dis cipline within the classroom and whether its use should be sanctioned. The State Board of Education is further requested to study means whereby teachers using corporal punishment as a disciplinary measure may be protected from civil liability as a result of its use. It is further requested that the Board make such study as is necessary to provide an effective means to provide remedies through the various local boards of education for parents who feel an abuse of the teacher's prerogative to employ corporal punishment as a disciplinary measure has occurred.
BE IT FURTHER RESOLVED, that the State Board of Education is requested to report its findings and recommendations back to the 1964 Session of the General Assembly if they feel legislation upon this par ticular subject matter is necessary.
The following bills of the House were taken up for the purpose of considering Senate amendments thereto:
HB 48. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens:
A Bill to be entitled an Act to provide appropriations for the fiscal years 1963 and 1964, and for other purposes.
TUESDAY, MARCH 12, 1963
1587
The following Senate amendments were read:
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking from subsection C of Section 16 the figure "$1,567,500.00" as it appears in two places therein, and inserting in lieu thereof the figure "$1,585,000.00" in each of said two places.
By striking from said Subsection C. of Section 16 the figure "$1,208,600.00," and inserting in lieu thereof the figure "$1,226,100.00."
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking the figure "$330,000.00" as it appears in two places in Section 2 and inserting in lieu thereof the figure "$345,000.00" in each of said two places.
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking from Subsection E. of Section 16 the following:
"(1) For general operation and development of State parks." and inserting in lieu thereof the following:
"(1) For general operation and development of State Parks. Provided, that the Department of Parks, with the approval of the Budget Bureau, is authorized to utilize not more than $175,000 per annum of the funds provided for in this paragraph to enter into lease rental agreements with an appropriate State authority to support the issuance of bonds."
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking the figure "$200,000.00" as it appears in two places in Subsection F. of Section 16 and inserting in lieu thereof the figure "$300,000.00" in both of said places.
Senator Hall of the 52nd moves to amend House Bill No. 48 as follows:
By striking from Section 18 the figures "$184,512,500.00" and "$195,100,000.00," and inserting in lieu thereof the figures "184,175,500.00" and "$194,601,000.00," respectively.
By adding after the above figures the following:
"Provided that the Governor's recommendation for text books and library materials contained in the Budget Report shall be re-
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duced in the amount of $10,000.00 for 1963-64 and in the amount of $327,000.00 for 1964-65, for the purpose of providing funds to sup plement payment to the older retired school teachers under Section 20 of this Act.
"Provided further, that the Governor's recommendation for tuition-students (non-sectarian) contained in the Budget Report shall be reduced in the amount of $147,000.00 for the fiscal year 1963-64 and $172,000.00 for the fiscal year 1964-65."
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking from Section 18 the figures "$184,512,500.00" and $195,100,000.00," and inserting in lieu thereof the figures "$184,038,500.00" and "$194,601,000.00," respectively.
By adding after the above figures the following:
"Provided that the Governor's recommendation for text books and library materials contained in the Budget Report shall be reduced in the amount of $327,000.00 for each of the two fiscal years covered by this Act for the purpose of providing funds to supple ment payment to the older retired school teachers under Section 20 of this Act.
"Provided further, that the Governor's recommendation for tuition-students (non-sectarian) contained in the Budget Report shall be reduced in the amount of $147,000.00 for the fiscal year 1963-64 and $172,000.00 for the fiscal year 1964-65."
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking Subsection D. of Section 19 which reads as follows:
"D. For cost of initial planning, staffing, alter ation, construction and operation of a Dental College in conjunction with the Medical College of Georgia located at Augusta, Georgia. Provided, however, none of these funds will be committed or expended unless the General Assembly, by resolution, other than the joint resolution heretofore adopted, shall authorize the creation of a Dental College.
1963-64 -- $75,000.00 1964-65 -- $75,000.00"
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking the figures "$14,500,000.00" and "$15,700,000.00" in Sec tion 20, and inserting in lieu thereof the figures "$14,827,000.00" and
TUESDAY, MARCH 12, 1963
1589
"$16,027,000.00," respectively, and adding after such figures the fol lowing:
"Provided, however, that out of the above amounts, the sum of $327,000, which is the amount of the increase over the Governor's recommendation as contained in the Budget Report, for each of the two fiscal years covered by this Act, shall be expended for the purpose of supplementing regular payments to those teachers who retired prior to July 1, 1961, by implementing to the full extent of such funds, the provisions of an Act approved March 6, 1962 (Ga. Laws 1962, p. 666), which Act provided for a minimum floor for such teachers."
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking the figure "$440,000.00" as it appears in two places in Section 26 and inserting in lieu thereof the figure "$465,000.00" in each of said two places.
By striking the figure "$365,000,00" from Section 26 and inserting in lieu thereof the figure "$390,000.00."
The Senate Appropriations Committee moves to amend House Bill No. 48 as .follows:
By striking from Section 27 the figure "$50,000.00" as it appears in two places therein and inserting in lieu thereof the figure "$60,000.00" in each of said two places.
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking the figure "$78,000.00" as it appears in two places in Section 30 and inserting in lieu thereof the figure "$80,000.00" in each of said two places.
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking from Section 31 the following:
"1964-65 -- $500,000.00
"Provided that the allocations to objects in the Budget Report shall be changed for 1964-65 to read as follows:
Personal Services -- $365,000
Operating Expenses -- $135,000" and inserting in lieu thereof the following:
"1964-65 -- $525,000.00"
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JOURNAL OF THE HOUSE,
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking from Subsection C. of Section 36 the language after the word "Benefits" and inserting in lieu thereof the following, "For the costs of matching Federal funds for benefits to old age, blind, permanent ly disabled and dependent children; and for maternity and foster home care; as authorized by law."
Senator Carlton of 21st moves to amend HB 48:
By striking from Subsection B of Section 39 the figure "$377,800.00" and inserting in lieu thereof "$472,800.00", and by striking the figure "$397,300.00" and inserting in lieu thereof the figure "$492,300.00".
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking from Section 43 the figure "$450,000.00" as it appears in two places therein and inserting in lieu thereof the figure "$475,000.00" in each of said two places.
By striking from said Section 43 the figures "$351,825.00" and "$73,175.00" and inserting in lieu thereof the figures "$364,325.00" and "$85,675.00", respectively.
The Senate Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking from Section 47 the words "who shall thereupon notify all members of the General Assembly", so that when so amended Section 47 shall read as follows:
"Section 47. All expenditures and appropriations made and authorized under this Act shall be according to Objects as specified in the Governor's recommendation contained in the Budget Re ports submitted to the General Assembly at the regular January Session 1963, pages 1 through 95 inclusive, except as otherwise specified in this Act. Provided, however, the Director of the Budget is authorized to make internal transfers within a Budget Unit between Objects; provided also, within five days after any such transfer is made, that transfer together with an explanation of the reason therefor shall be reported, in writing, to the Chair men and Vice-Chairmen of the Appropriations Committees of the House and Senate and to the Speaker of the House and Lieutenant Governor. This Section applies to all funds of each Budget Unit from whatever source derived. In those cases in which the said Budget Report contains no recommendation of expenditures as to Objects by the Governor, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to Object said funds as he deems proper."
TUESDAY, MARCH 12, 1963
1591
The Appropriations Committee moves to amend House Bill No. 48 as follows:
By striking the first paragraph of Section 48 thereof and by substituting in lieu thereof the following:
"In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appro priations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appro priations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Acts 1962, p. 17)."
so that when so amended said Section 48 shall read as follows:
"Section 48. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing Sections of this Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Acts 1962, p. 17).
"The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allot ments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.
Total Appropriation 1963-64 ....,,..,,..._.._..__.._._. $465,166,092.90
Total Appropriation 1964-65 ____________________ $488,696,352.90"
Senator Carlton of 21st moves to amend HB 48 as follows:
By striking from Section 48 the figures "$465,193,592.90" and $488,723,852.90", and inserting in lieu thereof the figures "$465,398,092,90" and "$488,791,352.90", respectively.
Mr. Bolton of Spalding moved that the House disagree to the Senate amend ments.
The motion prevailed and the House disagreed to the Senate amendments to HB 48.
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JOURNAL OF THE HOUSE,
HB 5. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to be entitled an Act to create the Georgia Department of Youth, and for other purposes.
The following Senate amendment was read: The Senate Rules Committee moves to amend HB 5 as follows: By striking Subsection (c) of Section 6 in its entirety.
Mr. Bolton of Spalding 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 Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Turner Conger
Conner Cullens Dean of Polk Dixon Duncan of Pannin Echols Etheridge Plournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hale Hall Harrell Harrington Harris Henderson Herndon Hill House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty
Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian King Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Melton Milhollin Mitchell Mixon Moore Morgan of Gwinnett
TUESDAY, MARCH 12, 1963
Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Payton Perry of Evans Peterson Phillips Pickard Ponsell Poole Reaves Rhodes
Richardson Rodgers Roper Rowland Russell Sangster Sewell Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Steis
1593
Story Stuckey Tabb Towson Tucker of Catoosa Twitty Underwood of Taylor Vaughn Waldrop Warren Watson Watts Wells of Peach Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Matthews of Colquitt
Walker
Wilkes
Those not voting were Messrs.:
Acree Bedgood Bowen of Toombs Brooks of Fulton Chandler Coker of Cherokee Crummey Davis Deen of Bacon DeVane Dicus Dorminy Duncan of Carroll Fleming Groover Horton
Keadle Kirkland Knight of Laurens Leonard Logan Meeks Milford Moate Mullis Overby Perry of Marion Pope Poss Rainey Raulerson Roberts
Rutland Scarborough Simpson Singer Smith of Emanuel Stalnaker Teague Todd Tucker of Burke Underwood of
Montgomery Ware Wells of Oconee White Wilson of Cobb Mr. Speaker
On the motion to agree to the Senate amendment No. 1, the ayes were 155, nays 3.
Senate amendment No. 1 to HB 5 was agreed to.
The following Senate amendment to HB 5 was read:
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JOURNAL OF THE HOUSE,
The Senate Rules Committee moves to amend HB 5 as follows:
By striking from Subsection (a) of Section 5 in the third sentence of said Subsection the phrase "however said salary not to be more than $22,500 per annum".
By changing the comma immediately before said phrase in Subsection (a) of Section 5 to a period.
Mr. Bolton of Spalding moved that the House agree to Senate amendment No. 2.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Andrews Bagby Barber Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Brown Busbee Bynum Byrd Caldwell Carr Chance Clarke of Monroe Coker of Turner Conner Cullens Dean of Polk Dixon Duncan of Pannin Echols Etheridge Fleming Floyd Flynt Fulford Funk Gibbons Greene Hale
Hall Harrell Harrington Harris Henderson Herndon House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Kelly Keyton Killian King Kirkland Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lokey Lowrey Mackay Matthews of Clarke McGarity McKemie Melton Mitchell Morgan of Gwinnett
Murphy Newton of Jenkins Newton of Colquitt Paris Parker Payton Perry of Marion Perry of Evans Phillips Pickard Ponsell Poole Pope Reaves Rhodes Richardson Rodgers Roper Rowland Russell Sangster Sewell Shaw Shea Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Steis Tabb Teague Towson
TUESDAY, MARCH 12, 1963
Tucker of Catoosa Twitty Vaughn Waldrop
Warren Watson Watts Wells of Peach
1595
Wells of Camden Williams of Hall Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Abney Acree Alien Arnsdorff Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Causby Coker of Cherokee Conger Davis Dorminy
Flournoy Fowler of Douglas Fowler of Treutlen Griffin Groover Hill Hurst Knight of Berrien Lewis Lindsey Matthews of Colquitt McCracken Milford Milhollin
Mixon Moore Morgan of Newton Nessmith Odom Partridge Scarborough Snow Story Tucker of Burke Underwood of Taylor Walker Williams of Coffee Wilson of Cobb
Those not voting were Messrs.:
Ballard Baughman Bedgood Blalock of Clayton Brooks of Fulton Chandler Clark of Catoosa Crummey
Deen of Bacon DeVane Dicus Duncan of Carroll Horton Jones of Liberty Jones of Worth Jordan of Floyd
Keadle Knight of Laurens Lane Logan McClelland McDonald Meeks Moate Mullis Overby Pafford Peterson Poss Rainey Raulerson Roberts
Rutland Shuman Simp son Singer Smith of Emanuel Stalnaker Stuckey Todd Underwood of
Montgomery Ware Wells of Oconee White Wilkes Mr. Speaker
On the motion to agree to the Senate amendment No. 2, the ayes were 117, nays 42.
Senate amendment No. 2 to HB 5 was agreed to.
The Senate amendments to HB 5 were agreed to.
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JOURNAL OF THE HOUSE,
HB 7. By Messrs. Smith of Grady, Bolton of Spalding, Steis of Harris and others:
A Bill to be entitled an Act to authorize State loans or grants to counties to aid in defraying the cost of property valuation and equaliza tion programs for ad valorem tax purposes, and for other purposes.
The following Senate amendment was read:
The Senate Rules Committee moves to amend HB 7 as follows:
By deleting from Section 2 thereof the following language: "the continuing capital fund created by an Act approved February 28, 1962 (Ga. Laws 1962, et. seq.) or from other"
Mr. Bolton of Spalding 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 Alien Anderson Andrews Bagby Barber Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Busbee Caldwell Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Dean of Polk Been of Bacon DeVane Dixon
Duncan of Fannin Fleming Flournoy Floyd Fowler of Douglas Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon House Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Camden Kelly
Keyton Killian Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Dougherty Lindsey Lokey Lowrey Mackay Matthews of Clarke McCracken McGarity McKemie Meeks Melton Mixon Moate Newton of Jenkins Odom Pafford Parker Partridge Payton Perry of Evans
Peterson Phillips Poole Pope Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Scarborough Shaw Shea
TUESDAY, MARCH 12, 1963
1597
Shuman Sinclair Singer Smith of Telfair Smith of Emanuel Snow Spikes Stalnaker Steis Tabb Teague Todd Tucker of Catoosa Tucker of Burke Twitty
Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs. Brooks of Oglethorpe and Bynum of Rabun.
Those not voting were Messrs.:
Acree Arnsdorff Ballard Baughman Blalock of Clayton Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Brown Byrd Causby Clark of Catoosa Conner Crummey Davis Dicus Dorminy Duncan of Carroll Echols Etheridge Flynt Fowler of Treutlen Fulford Hill
Horton Houston Jones of Liberty Jones of Worth Keadle King Lane Lee of Clayton Leonard Lewis _ Logan ' Matthews of Colquitt McClelland McDonald Milford Milhollin Mitchell Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Overby Paris
Perry of Marion Pickard Ponsell Poss Rainey Rodgers Rutland Sangster Sewell Simmons Simpson Smith of Forsyth Smith of Habersham Smith of Whitfield Story Stuckey Towson Underwood of
Montgomery Underwood of Taylor Wells of Peach White Williams of Coffee Woodward Mr. Speaker
On the motion to agree, the ayes were 127, nays 2.
The Senate amendment to HB 7 was agreed to.
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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 passed by the requisite constitutional majority the following Bills of the Senate to-wit:
SB 130. By Senator Puqua of the 22nd:
A Bill 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; and for other purposes.
SB 147. By Senator Zorn of the 6th:
A Bill to amend an Act relating to the punishment of any person who shall desecrate the burial place of any human body, approved Feb. 24, 1941 (Ga. Laws 1941, p. 425), so as to redefine the penalty; and for other purposes.
The Senate has disagreed to the report of the Committee of Conference on the following Bill of the House:
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn and others:
A Bill to amend an Act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; and for other purposes.
Pursuant to a motion of the Senate the President appointed as a new Com mittee of Conference the following: Senators Gillis of the 20th, Phillips of the 27th and Heard of the 29th.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A Bill relating to the punishment for murder and other capital cases, so as to provide that any person who has not reached his eighteenth birthday at the time of the offense shall not be sentenced to death but
TUESDAY, MARCH 12, 1963
1599
shall be sentenced to life imprisonment; 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 Conference Committee thereon:
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn and others:
A Bill to be entitled an Act to amend an Act relating to obscene pic tures and vulgar language; and for other purposes.
The following Conference Committee Report was read:
Conference Committee Report on HB 132.
Mr. Speaker:
The Conference Committee on HB 132 reports as follows:
SECTION A
The Conference Committee, composed of the following members: Senator Gayner of 5th Senator Webb of llth Senator Wesberry of 37th Representative Matthews of Clarke Representative House of Bibb Representative Clarke of Monroe
moves that HB 132 as originally passed by the House of Representatives do pass without the Senate amendment which struck from the title of the Bill the phrase, "be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one, nor more than five years; to provide that upon recommendation of the jury said offense shall be punishable as for a misdemeanor;" and which substituted in lieu thereof the phrase, "be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."
SECTION B
The Conference Committee further moves that HB 132 do pass with-
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JOURNAL OF THE HOUSE,
out the Senate amendment which struck from Section 1 of the Bill the phrase, "be guilty of a felony, and upon conviction thereof, shall be pun ished by confinement in the penitentiary for not less than one year nor more than five years; provided, however, in the event the jury so recom mends, such person may be punished as for a misdemeanor," and which substituted in lieu thereof the following: "be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."
It is the intent of the Conference Committee that this motion be that HB 132 be passed just as it was originally passed in the House of Representatives insofar as the punishment feature of said Bill is con cerned.
SECTION C
The Conference Committee further moves that HB 132 do pass with the Senate Amendment which struck from the Section 1 of said Bill as originally passed by the House the last sentence thereof which read "as used herein, the term 'obscene matter' shall mean any book, pamphlet, magazine, newspaper, film, picture, photograph, recording, lithograph, duplicate pictorial representation or other printed material, which, if considered as a whole, applying contemporary community standards, has, as its dominant theme, an appeal to prurient interest, that is, a morbid interest, in nudity, sex, or excretion." and which substituted in lieu thereof the following sentence, "as used herein, a matter is obscene if, considered as a whole, applying contemporary community standards, its predominant appeal is to prurient interest, i.e., a shameful or morbid interest in nudity, sex or excretion."
It is the intent of the Conference Committee that this motion be that HB 132 be passed with that Senate Amendment which amended the definition of what matter is obscene under the provisions of the Bill.
SECTION D
The Conference Committee further moves that HB 132 do pass with the Senate Amendment which struck in its entirety Section 2 of the Bill as it was originally passed by the House.
A majority of the Conference Committee moves the adoption of this report, the majority being Representatives Matthews, House and Clarke, and Senator Wesberry; Senators Gayner and Webb dissenting from that portion of the report contained in Sections A and B thereof, and con curring in that portion of the report contained in Sections C and D there of.
This llth day of March, 1963. Gayner of 5th Matthews of Clarke
TUESDAY, MARCH 12, 1963
1601
Clarke of Monroe House of Bibb Webb of llth Wesberry of 37th
Mr. Killian of Glynn moved that the House disagree to the Conference Com mittee Report on HB 132, and that a second Conference Committee 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 second Conference Com mittee on the part of the House, the followping members: Messrs. Killian of Glynn, Melton of Spalding and Steis of Harris.
The following bill of the House was taken up for the purpose of considering the report of the Conference Committee thereon:
HB 40. By Messrs. Bell of Richmond and Mackay of DeKalb:
A Bill to be entitled an Act to; amend an Act so as to provide that persons under the age of 16 years shall not be sentenced to death for the commission of a capital crime; and for other purposes.
The following Conference Committee Report was read: CONFERENCE COMMITTEE REPORT ON HB 40
Mr. President: Mr. Speaker:
The Conference Committee on HB 40 recommends that both the Senate and House recede from their positions and that the attached substitute bill be adopted by both the Senate and House.
Respectfully submitted, Bell of Richmond Kelly of Jasper Twitty of Mitchell Hunt of 26th Johnson of 42nd Smalley of 28th
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A BILL
To be entitled an Act to amend Sections 26-1005 and 27-2302 of the Georgia Code of 1933, relating to the punishment for murder and other capital cases, so as to provide that any person who has not reached his seventeenth birthday at the time of the offense shall not be sentenced to death but shall instead be sentenced to life imprisonment; to provide for the effective date of these amendments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 26-1005 of the 1933 Code, prescribing the punish ment for murder, is hereby amended by adding at the end of the first paragraph the following:
"When it is shown that a person convicted of murder had not reached his seventeenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life."
so that when so amended Section 26-1005 shall read as follows:
"26-1005. The punishment for persons convicted of murder shall be death, but may be confinement in the penitentiary for life in the following cases: If the jury trying the case shall so recommend, or if the conviction is founded solely on circumstantial testimony the presiding judge may sentence to confinement in the penitentiary for life. In the former case it is not discretionary with the judge; in the latter it is. When it is shown that a person convicted of murder had not reached his seventeenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life.
"Whenever a jury, in a capital case of homicide, shall find a verdict of guilty, with a recommendation of mercy, instead of a recommendation of imprisonment for life, in cases where by law the jury may make such recommendation, such verdict shall be held to mean imprisonment for life. If, in any capital case of homicide, the jury shall make any recommendation, where not authorized by law to make a recommendation of imprisonment for life, the verdict shall be construed as if made without any recommendation."
Section 2. Section 27-2302 of the 1933 Code, prescribing punishment in capital cases other than homicide, is hereby amended by adding at the end thereof the following:
"When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death. However, when it is shown that a person con victed of a capital offense without a recommendation to mercy had not reached his seventeenth birthday at the time of the commission
TUESDAY, MARCH 12, 1963
1603
of the offense the punishment of such person shall not be death but shall be imprisonment for life."
so that when so amended Section 27-2302 shall read as follows:
"27-2302. In all capital cases, other than those of homicide, when the verdict is guilty, with a recommendation to mercy, it shall be legal and shall mean imprisonment for life. When the verdict is guilty without a recommendation to mercy it shall be legal and shall mean that the convicted person shall be sentenced to death. How ever, when it is shown that a person convicted of a capital offense without a recommendation to mercy had not reached his seventeenth birthday at the time of the commission of the offense the punish ment of such person shall not be death but shall be imprisonment for life."
Section 3. These amendments shall be effective on and after the effective date of this Act but shall not be construed to affect any person heretofore tried and convicted.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment to the Conference Committee substitute, offered by Mr. Bowen of Randolph, was read and ruled out of order.
Mr. Hale of Bade moved that the House adopt the Conference Committee Report on HB 40.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Dawson
Bowen of Toombs Brantley Brooks of Oglethorpe Busbee Brown Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger
Cullens Davis Dean of Polk Dixon Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Fowler of Treutlen Fulford Funk Gibbons Greene
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JOURNAL OF THE HOUSE,
Hale Harrell Harrington Harris Henderson House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee
Jordan of Floyd Jordan of Calhoun Kelly Killian King Kirkland Knight of Laurens Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey
Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McGarity McKemie Melton Milhollin Mitchell Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Phillips Pickard Ponsell Pope Reaves Richardson Roper Rowland Scarborough
Sewell Shea Sinclair Smith of Whitfield Snow Spikes Steis Story Stuckey Tabb Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Watson Watts Wells of Peach Wells of Camden Wilkes Williams of Coffee Wilson of Cobb
Those voting in the negative were Messrs.:
Causby DeVane Griffin Hall Keyton Knight of Berrien Lane
McCracken Meeks Partridge Perry of Evans Raulerson Rhodes Smith of Forsyth
Smith of Habersham Stalnaker Tucker of Burke Warren Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Ballard Blalock of Clayton Bowen of Randolph Brackin Branch Brooks of Fulton Bynum Conner Crummey
Deen of Bacon Dicus Dorminy Duncan of Carroll Flynt Fowler of Douglas Groover Herndon Hill Jones of Liberty
Jones of Worth Keadle Logan McClelland McDonald Milford Mixon Moate Mullis Murphy
Overby Payton Perry of Marion Peterson Poole Poss Rainey Roberts Rodgers
TUESDAY, MARCH 12, 1963
Russell Rutland Sangster Shaw Shuman Simmons Simpson Singer Smith of Telfair
1605
Smith of Emanuel Teague Todd Ware Wells of Oconee White Williams of Hall Mr. Speaker
On the motion to adopt, the ayes were 128, nays 20.
The Conference Committee Report on HB 40 was adopted.
The following bill of the Senate was taken up for the purpose of considering the report of the Conference Committee thereon:
SB 5. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th:
A Bill to be entitled an Act to authorize the State to make available in certain instances, services and funds to counties and municipalities who merge, and for other purposes.
The following Conference Committee Report was read:
CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 5:
Your Committee on Conferences has met and recommends as follows:
That the House recede from its position as to the House Amend ment to Section 1., which is as follows:
"Provided that in the event any agencies are consolidated under this Act and the governing authority of either political sub division affected under said consolidation desire to terminate same, it shall have the right to terminate same upon 30 days' notice to the state agency and the other subdivision involved. Upon the expiration of said 30 day period, said consolidation shall stand dissolved as if never in effect.";
That the Senate recede from its position on the following Amend ment:
"to amend SB 5 by striking the word "or" in line 2 on page
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JOURNAL OF THE HOUSE,
2 and inserting in lieu thereof the word "and" and to amend the caption accordingly."; We respectfully request that the Conference Committee Report be made the action.
Bolton of Spalding Busbee of Dougherty Andrews of Stephens Pannell of 54th Gayner of 5th Loggins of 53rd February 25, 1963
Mr. Bolton of Spalding moved that the House adopt the Conference Committee Report on SB 5.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Andrews Bagby Barber Baughman Bedgood Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Branch Brown Busbee Caldwell Carr Chance Chandler Clark of Cherokee Clarke of Monroe Conger Conner Dean of Polk DeVane Dicus
Dixon Dorminy Duncan of Fannin Etheridge Fleming Flournoy Floyd Funk Gibbons Greene Hale Harrington Harris Henderson House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Muscogee Jordan of Floyd Jordan of Calhoun Killian King Knight of Laurens
Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lowrey Mackay McClelland McDonald McGarity McKemie Melton Milhollin Moore Morgan of Gwinnett Newton of Colquitt Odom Overby Payton Peterson Phillips Pickard Ponsell Pope Poss
TUESDAY, MARCH 12, 1963
Richardson Rodgers Roper Shea Simpson Sinclair Smith of Porsyth Smith of Whitfield Snow
Spikes Stalnaker Steis Story Tabb Towson Tucker of Catoosa Tucker of Burke Vaughn
1607
Waldrop Ware Watson Watts Wells of Peach Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Acree Arnsdorff Brantley Brooks of Oglethorpe Bynum Coker of Turner Cullens Davis Been of Bacon Echols Flynt Griffin Groover Harrell
Hill Horton Johnson of Warren Jones of Worth Keyton Lewis Matthews of Colquitt McCracken Meeks Milford Morgan of Newton Murphy Nessmith Newton of Jenkins
Paris Partridge Raulerson Reaves Rowland Russell Scarborough Sewell Shuman Smith of Habersham Todd Warren Wells of Camden Woodward
Those not voting were Messrs.:
Anderson Ballard Bell Blair Bowen of Dawson Bowen of Toombs Brackin Brooks of Fulton Byrd Causby Coker of Cherokee Crummey Duncan of Carroll Fowler of Douglas Fowler of Treutlen Fulford Hall Herndon Jones of Liberty Jones of Lumpkin
Keadle Kelly Kirkland Knight of Berrien Leonard Lindsey Logan Lokey Matthews of Clarke Mitchell Mixon Moate Mullis Pafford Parker Perry of Marion Perry of Evans Poole Rainey Rhodes
Roberts Rutland Sangster Shaw Simmons Singer Smith of Telfair Smith of Emanuel Stuckey Teague Twitty Underwood of
Montgomery Underwood of Taylor Walker Wells of Oconee White Wilson of Brantley Mr. Speaker
On the motion to adopt, the ayes were 105, nays 42.
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JOURNAL OF THE HOUSE,
The Conference Committee Report on SB 5 was adopted.
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 amendments thereto:
SB 98. By Senator Fuqua of the 22nd:
A Bill to be entitled an Act to amend the Uniform Commercial Code; and for other purposes.
Mr. Mackay of DeKalb moved that the House insist on its position in amend ing SB 98 and that the Speaker appoint a Conference Committee 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 Conference Committee on the part of the House, the following members: Messrs. Mackay of DeKalb, Towson of Laurens, and Clarke of Monroe.
The following resolution of the Senate was taken up for the purpose of con sidering the Senate's insistence on its position in disagreeing to the House amend ment thereto:
SR 9. By Senators Pannell of the 54th, Jackson of the 16th, and Smalley of the 28th:
A Resolution creating the "Governor's Commission for Efficiency and Improvement in Government"; and for other purposes.
Mr. Bolton of Spalding moved that the House insist on its position in amend ing SR 9 and that the Speaker appoint a Conference Committee 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 Conference Committee on the part of the House, the following members: Bolton of Spalding, Busbee of Dougherty, and Hale of Bade.
The following resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
TUESDAY, MARCH 12, 1963
1609
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, and Andrews of Stephens:
A Resolution creating the "Governor's Committee to Improve Educa tion"; and for other purposes.
Mr. Bolton of Spalding moved that the House insist on its position in dis agreeing to the Senate amendment to HR 21-23 and that the Speaker appoint a Conference Committee 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 Conference Committee on the part of the House, the following members: Messrs. Bolton of Spalding, Busbee of Dougherty, and Andrews of Hall.
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 42. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to the State High way Board, so as to change the procedures relating to expenditures of funds by the Highway 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 Acree Alien Anderson Bagby Barber Baughman Black Blair Bowen of Dawson Bowen of Toombs Branch
Brantley Brooks of Oglethorpe Brown Bynum Byrd Caldwell Carr Causby Chance Chandler Coker of Cherokee Coker of Turner
Cullens Davis Dicus Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Flournoy Fowler of Douglas Greene Griffin
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JOURNAL OF THE HOUSE,
Groover Hale Hall Harrell Harrington Herndon Hull Hurst Isenberg Jordan of Floyd Killian King Kirkland Lane Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McKemie Melton
Milford Moore Morgan of Gwinnett Newton of Jenkins Pafford Paris Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Pope Reaves Richardson Roper Rowland Russell Sangster Scarborough Sewell Shaw Shuman Simmons
Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Todd Towson Twitty Underwood of Taylor Vaughn Waldrop Warren Watts Wells of Peach Wells of Camden White Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Bell Busbee Fleming Hill Lee of Dougherty
Leonard McGarity Odom Partridge Rhodes
Rodgers Tucker of Burke Walker Williams of Coffee Woodward
Those not voting were Messrs.:
Andrews Arnsdorff Ballard Bedgood Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Brackin Brooks of Fulton Clark of Catoosa Clarke of Monroe Conger Conner Crummey Dean of Polk
Deen of Bacon DeVane Dixon Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Harris Horton House Houston Johnson of Elbert Johnson of Warren
Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Knight of Laurens Knight of Berrien Laite Lee of Peach Lee of Clayton Logan Matthews of Colquitt Meeks
TUESDAY, MARCH 12, 1963
1611
Milhollin Mitchell Mixon Moate Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Overby Parker
Poole Poss Rainey Raulerson Roberts Rutland Shea Simpson Singer Smith of Emanuel Smith of Whitfield
Stuckey Teague Tucker of Catoosa Underwood of
Montgomery Ware Watson Wells of Oconee Mr. Speaker
On the passage of the bill, the ayes were 111, nays 15.
The Bill, having received the requisite constitutional majority, was passed.
HB 498. By Messrs. Richardson, Funk and Shea of Chatham:
A Bill to be entitled an Act to amend an Act creating a Board of Health in each county and providing for payment of the expenses of county health departments by towns and cities under certain conditions, so as to change the method of payment of expenses of county health depart ments; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act creating a Board of Health in each county of the state and providing for payment of a portion of the expenses of county health departments by towns and cities under certain conditions approved March 20, 1943 (Ga. Laws 1943, p. 371), so as to change the method of payment of expenses of county health departments in certain counties to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act creating a Board of Health in each county of the state and providing for payment of a portion of the expenses of county health departments by towns and cities under certain conditions approved March 20, 1943 (Ga. Laws 1943, p. 371), is hereby amended by adding at the end of Section 7 a new paragraph to read as follows:
"Provided, however, that in each county of this State having a population of not less than 175,000 and not more than 225,000 according to the United States Census of 1960 or any future such census it shall be
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JOURNAL OF THE HOUSE,
the duty of the Board of Health in each county at its June meeting each year or other meetings when necessary to determine and fix the sum of money it deems necessary or expedient for the operation of a depart ment of public health in the county for the ensuing year, and they shall certify to the board of roads and revenues or other proper taxing authori ties of the county, and to the mayor and council or other governing body of all cities and towns in the county having a population of more than 20,000 as shown by the most recent decennial United States census, and to the mayor and council or other governing body of all cities and towns within the county having a population of more than 5,000 and less than 20,000 as shown by the most recent decennial United States census, which by action of its mayor and council elect to have represen tation on the county board of health and participate financially in its expenses, the amount so fixed upon and assessed, and the proper taxing authority of the county and each town and city within the county, as above set forth, shall levy a tax rate sufficient to raise its proportional part of the total amount fixed upon and assessed by the county board of health, at the same time and in the same manner as is prescribed for levying taxes for other county or city purposes. The amount so fixed upon and assessed for the support of such county health department shall be borne by the county and its continued cities and towns as may be agreed upon by the county board of health and the taxing authorities of the county and the contained towns and cities. If the said taxing authorities fail to make such levies, then these amounts must be paid out of the fund levied for paying other lawful expenses of the county and city or cities or the general funds not otherwise appropriated. Said county board of health shall then apply to the Director of the Georgia Depart ment of Public Health for advice and assistance in establishing and/or maintaining a public health department in and for such county."
so that when so amended said Section 7 shall read as follows:
"Section 7. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that Sections 88-306, 'Salary of Commissioner; tax for expenses', and 88-307, 'Expenses of commis sioner; tax to meet', of the Code of Georgia of 1933 (Acts 1914, pp. 124, 129, 130), be and the same are hereby repealed, and in lieu thereof the following section is hereby enacted:
'It shall be the duty of the board of health of each county at its June meeting each year or other meetings when necessary to deter mine and fix the sum of money it deems necessary or expedient for the operation of a department of public health in the county for the ensuing year, and they shall certify to the board of roads and reve nues or other proper taxing authorities of the county, and to the mayor and council or other governing body of all cities and towns in the county having a population of more than 20,000 as shown by the most recent decennial United States Census, and to the mayor and council or other governing body of all cities and towns within the county having a population of more than 5,000 and less than 20,000 as shown by the most recent decennial United States Census, which by action of its mayor and council elect to have representa tion on the county board of health and participate financially in its expenses, the amount so fixed upon and assessed, and the proper taxing authority of the county and each town and city within the county, as above set forth, shall levy a tax rate sufficient to raise
TUESDAY, MARCH 12, 1963
1613
its proportional part of the total amount fixed upon and assessed by the county board of health, at the same time and in the same manner as is prescribed for levying taxes for other county or city purposes. The amount so fixed upon and assessed for the support of such county health department shall be borne by the county and its con tained cities and towns as may be agreed upon by the county board of health and the taxing authorities of the county and the contained towns and cities except that the principal city having a population of 20,000 or more shall contribute not less than fifty per cent of the health department budget derived from local funds, and that each town or city in the county having a population between 5,000 and 20,000, or secondary city having a population of more than 20,000, electing to have representation on the county board of health, shall contribute not less than $1,000 per annum. The remainder of the budget derived from local funds shall be paid from county funds. If the said taxing authorities fail to make such levies, then these amounts must be paid out of the fund levied for paying other lawful expenses of the county and city or cities or the general funds not otherwise appropriated. Said county board of health shall then apply to the Director of the Georgia Department of Public Health advice and assistance in establishing and/or maintaining a public health department in and for such county.
'Provided, however, that in each county of this State having a population of not less than 175,000 and not more than 225,000 accord ing to the United States Census of 1960 or any future such census it shall be the duty of the Board of Health in each county at its June meeting each year or other meetings when necessary to deter mine and fix the sum of money it deems necessary or expedient for the operation of a department of public health in the county for the ensuing year, and they shall certify to the board of roads and reve nues or other proper taxing authorities of the county, and to the mayor and council or other governing body of all cities and towns in the county having a population of more than 20,000 as shown by the most recent decennial United States census, and to the mayor and council or other governing body of all cities and towns within the county having a population of more than 5,000 and less than 20,000 as shown by the most recent decennial United States census, which by action of its mayor and council elect to have representation on the county board of health and participate financially in its expenses, the amount so fixed upon and assessed, and the proper taxing authority of the county and each town and city within the county, as above set forth, shall levy a tax rate sufficient to raise its propor tional part of the total amount fixed upon assessed by the county board of health, at the same time and in the same manner as is prescribed for levying taxes for other county or city purposes. The amount so fixed upon and assessed for the support of such county health department shall be borne by the county and its contained cities and towns as may be agreed upon by the county board of health and the taxing authorities of the county and the contained towns and cities. If the said taxing authorities fail to make such levies, then these amounts must be paid out of the fund levied for paying other lawful expenses of the county and city or cities or the general funds not otherwise appropriated. Said county board of health shall then apply to the Director of the Georgia Department
1614
JOURNAL OF THE HOUSE,
of Public Health for advice and assistance in establishing and/or maintaining a public health department in and for such county'."
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Bagby Barber Bedgood Bell Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Da vis Deen of Bacon Dorminy Duncan of Fannin Echols Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Greene
Griffin Groover Hale Hall Harrell Harrington Harris Herndon Hurst Isenberg Jones of Muscogee Jordan of Calhoun King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McDonald McGarity McKemie Meeks Melton Milford Moore Morgan of Gwinnett
Newton of Jenkins Odom Overby Paris Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Pope Reaves Rhodes Richardson Roberts Roper Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Steis Story Todd Towson Tucker of Catoosa
Twitty Underwood of
Montgomery Vaughn Waldrop Warren
TUESDAY, MARCH 12, 1963
1615
Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes
Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Anderson Andrews Arnsdorff Ballard Baughman Black Blalock of Coweta Blalock of Clayton Brackin Branch Brantley Brooks of Fulton Brown Chandler Clarke of Monroe Conger Conner Crummey Dean of Polk DeVane Dicus Dixon Duncan of Carroll Etheridge Fleming Floyd Fulford Gibbons Henderson
Hill Horton House Houston Hull Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Keadle Kelly Keyton Killian Lee of Clinch Lee of Clayton Logan Mackay Matthews of Colquitt McCracken Milhollin Mitchell Mixon Moate Morgan of Newton Mullis Murphy Nessmith
Newton of Colquitt Pafford Parker Pickard Poole Poss Rainey Eaulerson Rodgers Rowland Rutland Simpson Sinclair Singer Smith of Emanuel Smith of Whitfield Stalnaker Stuckey Tabb Teague Tucker of Burke Underwood of Taylor Walker Ware Watson Williams of Hall Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Underwood of Taylor stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "Aye" on HB 498.
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JOURNAL OF THE HOUSE,
Mr. Richardson of Chatham moved that HB 498 be immediately transmitted to the Senate and the motion prevailed.
HB 498 was ordered immediately transmitted to the Senate.
HB 140. By Mr. Melton of Spalding: A Bill to be entitled an Act making provisions for 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; and for other purposes.
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 Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Black Blalock of Coweta Bolton Bowen of Dawson Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner
Cullens Deen of Bacon DeVane Duncan of Fannin Etheridge Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Greene Griffin Groover Hale Hall Harrington Harris Henderson Herndon House Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin
Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McDonald McGarity McKemie Melton Milford Mixon Moore Morgan of Gwinnett Morgan of Newton
TUESDAY, MARCH 12, 1963
1617
Murphy Nessmith Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Pay ton Perry of Marion Peter son Ponsell Poole Pope Reaves Rhodes Roberts
Rodgers Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telf air Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker
Steis Story Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Waldrop Warren Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Andrews Bell Blair Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Branch Brooks of Fulton Caldwell Chandler Conger Conner Crummey Davis Dean of Polk Dicus Dixon Dorminy Duncan of Carroll Echols Flynt Funk Gibbons
Harrell Hill Horton Houston Jones of Liberty Jones of Worth Keadle Kelly Kirkland Laite Lane Lee of Clayton Logan Mackay Matthews of Colquitt McCracken Meeks Milhollin Mitchell Moate Mullis Newton of Colquitt Perry of Evans Phillips
Pickard Poss Rainey Raulerson Richardson Roper Rowland Rutland Singer Smith of Emanuel Stuckey Tabb Teague Todd Twitty Underwood of
Montgomery Walker Ware Watson White Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 594. By Mr. Smith of Grady:
A Bill to be entitled an Act to create the Claims Advisory Board; to provide for the composition, powers, duties and authority 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Da vis Dean of Polk DeVane Dicus Dixon Duncan of Pannin Echols
Etheridge Flournoy Floyd Flynt Fowler of Treutlen Funk Hale Hall Harrell Harrington Harris Henderson Hill House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey
Mackay McClelland McCracken McGarity McKemie Meeks Melton Milford Milhollin Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Pope Poss Raulerson Reaves Rhodes Richardson Rodgers Roper Rowland
TUESDAY, MARCH 12, 1963
Russell Sangster Scarborough Sewell Shea Simpson Smith of Forsyth Smith of Telfair Smith of Habersham Snow-
Spikes
Stalnaker Steis Story Stuckey Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery
1619
Underwood of Taylor Vaughn Watson Wells of Peach Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Brooks of Oglethorpe Conner
Gibbons Matthews of Colquitt
Walker Warren
Those not voting were Messrs.:
Andrews Bagby Ballard Bell Bowen of Dawson Brackin Branch Brantley Brooks of Fulton Conger Crummey Deen of Bacon Dorminy Duncan of Carroll Fleming Fowler of Douglas Fulford Greene Griffin Groover
Herndon Horton Hull Jones of Muscogee Keadle Kelly Laite Lane Leonard Logan Lokey Lowrey Matthews of Clarke McDonald Mitchell Moate Mullis Payton Pickard Ponsell
Poole Rainey Roberts Rutland Shaw Shuman Simmons Sinclair Singer Smith of Emanuel Smith of Whitfield Tabb Teague Waldrop Ware Watts Wells of Oconee White Mr. Speaker
On the passage of the Bill, the ayes were 140, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the Senate was taken up for the purpose of considering the report of the Conference Committee thereon:
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JOURNAL OF THE HOUSE,
SB 98. By Senator Fuqua of the 22nd:
A Bill to be entitled an Act to amend the Uniform Commercial Code; and for other purposes.
The following Conference Committee Report was read:
Mr. President:
Mr. Speaker:
Your Committee in Conference on SB 98, having met, begs to submit the following report:
1. That Code Section 109A-9-310, which is quoted in Section 29 of said Bill, both as originally set forth in said section of said Bill and as amended by the House, be rejected and that a new Code Section 109A-9-310 be quoted in Section 29 of said Bill to read as follows:
"109A-9-310. Priority of Certain Liens, Claims and Rights.
"Except as is expressly provided to the contrary elsewhere in this Article, a perfected security interest in collateral takes priority over each and all of the liens, claims and rights described in Geor gia Code Sections 67-1701 and 113-1508, provided, nevertheless, that (a) year's support to the family, duly set apart in the collateral prior to the perfection of the subject security interest, takes priority over such security interest, (b) a lien for property taxes duly as sessed upon the subject collateral, either prior or subsequent to the perfection of the subject security interest, takes priority over security interest, (c) a lien for all other State taxes takes priority over such security interest, except where such security interest is perfected by filing a financial statement relative thereto prior to such time as the execution for such State taxes shall be entered on the execution docket in the place and in the manner provided by law; provided nevertheless that, with respect to priority rights between such tax liens and security interests where under this Article the same are perfected other than by filing a financing statement, the same shall be determined as provided by law prior to the effective date of this Act; and (d) a lien for other unpaid taxes or a duly rendered judgment of a court having jurisdiction takes priority over such perfected interest, but only if execution or notice of such lien or judgment is duly recorded in the place designated by statute applicable thereto, and if record thereof is made prior to the perfection of the subject security interest, and if the subject security interest is not a purchase money security interest."
2. That the House amendment to Code Section 109A-10-101, which is quoted in Section 37 of said Bill, changing the date of August 1, 1963, to the date of January 1, 1964, be agreed to.
TUESDAY, MARCH 12, 1963
1621
3. That in all other respects said SB 98 as passed by the Senate be agreed to.
For the Senate: Broun of 42nd Phillips of 27th Smalley of 28th
For the House: Towson of Laurens Mackay of DeKalb Clarke of Monroe
Mr. Busbee of Dougherty moved that the House adopt the Conference Com mittee Report on SB 98.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Ballard Baughman Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Brooks of Oglethorpe Brown Busbee Byrd Caldwell Carr Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Dean of Polk DeVane Dixon
Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Groover Hall Harrell Harrington Henderson Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin
Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Knight of Berrien Laite Lambert Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke McCracken McGarity McKemie Meeks Milford Milhollin Mitchell
1622
JOURNAL OF THE HOUSE,
Mixon Newton of Jenkins Newton of Colquitt Odom Paris Partridge Payton Perry of Marion Perry of Evans Peterson Pickard Ponsell Pope Rainey Reaves Richardson Roberts Rowland
Russell Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis
Tabb Teague Todd Twitty Underwood of
Montgomery Underwood of Taylor Walker Ware Warren Watson Watts Wells of Peach Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Andrews Bagby Barber Bedgood Blalock of Clayton Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Bynum Causby Chance Clark of Catoosa Conger Conner Crummey Cullens Da vis Been of Bacon Dicus Dorminy Floyd Greene
Griffin Hale Harris Herndon Hill Hull Jones of Liberty Kirkland Knight of Laurens Lane Lee of Clayton Logan Lokey Matthews of Colquitt McClelland McDonald Melton Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Overby
Pafford Parker Phillips Poole Poss Raulerson Rhodes Rodgers Roper Rutland Simmons Smith of Emanuel Story Stuckey Towson Tucker of Catoosa Tucker of Burke Vaughn Waldrop Wells of Camden White Wilkes Wilson of Cobb Mr. Speaker
On the motion to adopt, the ayes were 131, nays 0.
The Conference Committee Report on SB 98 was adopted.
TUESDAY, MARCH 12, 1963
1623
The following Bill of the House was taken up for the purpose of considering the Report of the Second Conference Committee thereon:
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn and others:
A Bill to be entitled an Act to amend an Act relating to obscene pictures and vulgar language; and for other purposes.
The following Second Conference Committee Report was read: CONFERENCE COMMITTEE REPORT ON HB 132:
Mr. President: Mr. Speaker:
The Conference Committee on HB 132 reports as follows:
Section A
The Conference Committee, composed of the following members: Senator Gillis of the 20th Senator Heard of the 29th Senator Phillips of the 27th Representative Killian of Glynn Representative Melton of Spalding
Representative Steis of Harris
moves that HB 132 as originally passed by the House of Representatives do pass without the Senate amendment which struck from the title of the Bill the phrase, "be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one, nor more than five years; to provide that upon recom mendation of the jury said offense shall be punishable as for a mis demeanor;" and which substituted in lieu thereof the phrase, "be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."
Section B
The Conference Committee further moves that HB 132 do pass without the Senate amendment which struck from Section 1 of the Bill the phrase, "be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one year nor more than five years; provided, however, in the event the jury
1624
JOURNAL OP THE HOUSE,
so recommends, such person may be punished as for a misdemeanor," and which substituted in lieu thereof the following: "be guilty of a misdemeanor; provided, however, that any person shall, upon his second conviction of a violation of this Act, be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years."
It is the intent of the Conference Committee to recommend that HB 132 be passed just as it was originally passed in the House of Representatives insofar as the punishment feature of said Bill is con cerned.
Section C
The Conference Committee further moves that HB 132 do pass with the Senate amendment which struck from the Section 1 of said Bill as originally passed by the House the last sentence thereof which read: "As used herein, the term "obscene matter" shall mean any book, pamphlet, magazine, newspaper, film, picture, photograph, recording, lithograph, duplicate pictorial representation or other printed material, which, if considered as a whole, applying contemporary community standards, has, as its dominant theme, an appeal to prurient interest, that is, a morbid interest, in nudity, sex, or excretion." and which sub stituted in lieu thereof the following sentence: "As used herein, a mat ter is obscene if, considered as a whole, applying contemporary com munity standards, its predominant appeal is to prurient interest, I.E., a shameful or morbid interest in nudity, sex or excretion."
It is the intent of the Conference Committee to recommend that HB 132 be passed with that Senate amendment which amended the definition of what matter is obscene under the provisions of the Bill.
Section D
The Conference Committee further moves that HB 132 do pass with the Senate amendment which struck in its entirety Section 2 of the Bill as it was originally passed by the House:
This 12th day of March, 1963. For the Senate: Phillips of the 27th Heard of the 29th Gillis of the 20th
For the House: Killian of Glynn Melton of Spalding Steis of Harris
TUESDAY, MARCH 12, 1963
1625
Mr. Killian of Glynn moved that the House adopt the report of the Second Conference Committee on HB 132.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brown Busbee Bynum Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Etheridge Flournoy Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Groover Harrell Harrington Henderson
Hill Horton House Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian King Kirkland Knight of Laurens Laite Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McGarity McKemie Meeks Melton Milford Milhollin Mixon Moore Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker
Partridge Payton Perry of Marion Perry of Evans Peterson Piekard Ponsell Pope Poss Rainey Reaves Richardson Roberts Rowland Sangster Scarborough Sewell Shaw Shea Shuman Simpson Singer Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Twitty Underwood of Taylor Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee
1626
JOURNAL OF THE HOUSE,
White Williams of Coffee
Williams of Hall Wilson of Brantley
Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Bagby Bedgood Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Clark of Catoosa Conger Crummey Cullens Davis Dicus Dorminy Duncan of Carroll Echols Fleming Floyd Greene
Griffin Hale Hall Harris Herndon Houston Hull Jones of Liberty Kelly Keyton Knight of Berrien Lambert Lane Logan Matthews of Colquitt McClelland McCracken McDonald Mitchell Moate Morgan of Gwinnett Mullis
Murphy Phillips Poole Raulerson Rhodes Rodgers Roper Russell Rutland Simmons Sinclair Smith of Emanuel Smith of Whitfield Stuckey Tucker of Burke Underwood of
Montgomery Vaughan Wells of Camden Wilkes Mr. Speaker
On the motion to adopt, the ayes were 141, nays 0. The report of the Second Conference Committee on HB 132 was adopted.
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 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery, Stalnaker of Houston, Bell of Richmond, Towson of Laurens and many others:
A Bill to be entitled an Act to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes.
Mr. Tucker of Catoosa moved that HB 348 be layed on the table.
On the motion to table, the roll call was ordered and the vote was as follows:
TUESDAY, MARCH 12, 1963
Those voting in the affirmative were Messrs.:
Abney Acree Alien Andrews Arnsdorff Ballard Baughman Bedgood Busbee Byrd Causby Clark of Catoosa Coker of Cherokee Dean of Polk Deen of Bacon Dicus Duncan of Fannin Etheridge Fleming Flournoy Floyd Fowler of Douglas Gibbons Hale Harris
Henderson Horton House Johnson of Warren Jones of Muscogee Jordan of Floyd Keyton Knight of Laurens Knight of Berrien Lane Lee of Dougherty Lowrey Mackay Matthews of Clarke McClelland McDonald McKemie Milford Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Overby
1627
Parker Partridge Perry of Evans Ponsell Pope Rhodes Roper Russell Sangster Scarborough Shea Smith of Forsyth Smith of Habersham Snow Story Teague Tucker of Catoosa Underwood of Taylor Walker Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Anderson Barber Bell Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Branch Brantley Brown Bynum Caldwell Carr Chance Coker of Turner Conger Conner Cullens DeVane Echols Fowler of Treutlen Fulford Funk
Griffin Groover Hall Harrell Herndon Hill Houston Hull Hurst Johnson of Elbert Jones of Liberty Jones of Worth Jordan of Calhoun Kelly King Lee of Clinch Lee of Clayton Lewis Lindsey Lokey Matthews of Colquitt McCracken McGarity Melton
Mixon Pafford Perry of Marion Phillips Poole Poss Reaves Richardson Rodgers Rowland Sewell Shaw Shuman Simpson Sinclair Smith of Telfair Smith of Emanuel Spikes Stalnaker Steis Tabb Todd Towson Tucker of Burke
1628
T witty Underwood of
Montgomery Ware
JOURNAL OF THE HOUSE,
Warren Watts Wells of Oconee Wells of Camden
White Wilkes
Those not voting were Messrs.:
Bagby Blair Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Chandler Clarke of Monroe Crummey Davis Dixon Dorminy Duncan of Carroll Flynt Greene Harrington
Isenberg Jones of Lumpkin Keadle Killian Kirkland Laite Lambert Leonard Logan Meeks Milhollin Mitchell Moate Mullis Nessmith Newton of Colquitt Paris
Payton Peterson Pickard Rainey Raulerson Roberts Rutland Simmons Singer Smith of Whitfield Stuckey Vaughn Waldrop Watson Wells of Peach Williams of Coffee Mr. Speaker
On the motion to table the ayes were 73, nays 81.
The motion was lost.
The following amendments were read and adopted:
Mr. Raulerson of Echols moves to amend HB 348 by striking the no. "4 years" in Sec. 12 line 13 and insert in lieu therefor the no. "8 years."
Messrs. Etheridge and McClelland of Fulton move to amend HB 348 as follows:
By adding at the end of Section 23 of said Bill the following language, to-wit:
"Provided further, however, that in no event shall the total pension or retirement benefits payable to any sheriff from all sources, either State or local, exceed the sum of $8400.00 per annum."
Mr. Gibbons of Lowndes moves to amend HB 348 as follows:
By adding at the end of Section 10 the following:
TUESDAY, MARCH 12, 1963
1629
"If the fine or forfeiture collected on any violation as pro vided for by this Section shall be insufficient to meet the costs incurred and all other priority claims against said fine or forfeiture and the payment required to be paid into the Sheriff's Retirement Fund of Georgia as required by this Act, no obligation, shall be incurred upon the part of any county to make any payment required
by this Act into said fund."
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.:
Alien Anderson Bagby Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Branch Brantley Brown Bynum Caldwell Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis DeVane Dicus Dixon Dorminy Echols Fulford Griffin Groover
Hall Harrell Herndon Hill Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Calhoun Kelly Killian King Laite Lambert Lee of Clinch Lee of Clayton Lewis Lokey McCracken McDonald McGarity Melton Mixon Moate Newton of Jenkins Newton of Colquitt Overby Pafford Partridge
Payton Perry of Marion Peterson Phillips Ponsell Poole Poss Raulerson Reaves Roberts Rodgers Rowland Sewell Shaw Simmons Simpson Sinclair Singer Smith of Telfair Smith of Emanuel Smith of Habersham Spikes Stalnaker Steis Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor
Vaughn Walker
1630
Ware Warren Watson
JOURNAL OP THE HOUSE,
Wells of Oconee Wells of Camden White
Wilkes
Those voting in the negative were Messrs:
Abney Acree Ballard Bedgood Bowen of Dawson Busbee Causby Clark of Catoosa Dean of Polk Deen of Bacon
Duncan of Pannin Etheridge Flournoy Ployd Fowler of Douglas Funk
Gibbons Greene Hale Harris
Henderson House Jones of Muscogee Jordan of Ployd Keyton Lane Lee of Dougherty Lindsey Lowery Mackay Matthews of Clarke McClelland McKemie Milford Milhollin Mitchell Moore Morgan of Gwinnett Morgan of Newton Nessmith
Odom Parker Perry of Evans Pope Khodes Richardson Roper Russell Sangster Scarborough Shea Smith of Porsyth Snow Story Teague Tucker of Catoosa Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs:
Andrews Arnsdorff Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Byrd Chandler Crummey Duncan of Carroll Fleming Flynt
Fowler of Treutlen Harrington Horton Keadle Kirkland Knight of Laurens Knight of Berrien Leonard Logan Matthews of Colquitt Meeks Mullis
Paris Pickard Rainey Rutland Shuman Smith of Whitfield Stuckey Waldrop Watt Wells of Peach Williams of Coffee Mr. Speaker
On the passage of the Bill, as amended, the ayes were 107, nays 62.
The Bill, having the requisite constitutional majority, was passed, as amended.
Messrs. Knight of Berrien and Lewis of Wilkinson stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye" on HB 348.
TUESDAY, MARCH 12, 1963
1631
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 528. By Mr. Towson of Laurens:
A Bill to be entitled an Act to amend an Act relating to the filing of corporation income tax returns, so as to repeal the provisions relative to the filing of a single income tax return by two or more corporations; and for other purposes.
The following Amendment was read and adopted:
Mr. Towson of Laurens moves to amend House Bill No. 528, as follows:
By inserting in Subsection (b) of Code Section 92-3202, which is quoted in Section 1, between the word "be" and the word "determined" the word "returned," and by striking the word "powers" and inserting in lieu thereof the word "factors."
By striking in their entirety the last two paragraphs of Code Section 92-3202, which is quoted in Section 1.
By adding at the end of Code Section 92-3202, which is quoted in Section 1, a new Subsection (d) to read as follows:
"d" As used in this Act, the term 'includible corporation' means any corporation except:
"(1) A corporation exempt from taxation under Code Section 92-3105,
"(2) A corporation that is either directly or indirectly through stock ownership in control of a corporation exempt from taxation under Code Section 92-3105, or that is either directly or indirectly through stock ownership controlled by a corporation exempt from taxation under Code Section 92-3105.
"(3) A foreign corporation not liable for the payment of an income tax under the Georgia Income Tax Law of 1931, as amended, unless such corporation is of the type subject to consolidation by the State Revenue Commissioner under the provisions of Code Sec tion 92-3209."
By adding at the end of Code Section 92-3202, which is quoted in Section 1, a new Subsection (e) to read as follows:
"(e) As used in this Section, the term 'stock' does not include non-voting stock which is limited and preferred as to the dividends."
1632
JOURNAL OF THE HOUSE,
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:
Acree Bagby Barber Bedgood Bell Black Blair Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brooks of Oglethorpe Busbee Bynum Byrd Caldwell Carr Causby Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Been of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Fleming Flournoy Floyd Flynt Fowler of Douglas Funks
Gibbons Greene Griffin Groover Harrington Harris Henderson Herndon Horton Hull Hurst Isenberg Jones of Lumpkin Jones of Muscogee Jordan of Floyd Kelly Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke McKemie Meeks Melton Milhollin Mitchell Mixon
Those not voting were Messrs:
Abney Alien Anderson
Andrews Arnsdorff Ballard
Moore Newton of Jenkins Odom Overby Pafford Partridge Perry of Marion Peterson Poole Pope Rainey Reaves Richardson Rowland Russell Sewell Shaw Shea Shuman Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Teague Towson Underwood of
Montgomery Walker Warren Wells of Oconee Wells of Caniden Williams of Hall Wilson of Brantley
Baughman Blalock of Coweta Bolton
TUESDAY, MARCH 12, 1963
Bowen of Toombs Brantley Brooks of Fulton Brown Chance Clark of Catoosa Crummey Dean of Polk DeVane Dicus Echols Etheridge Fowler of Treutlen Fulford Hale Hall Harrell Hill House Houston Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun Keadle Keyton Lane Lee of Clinch
Logan Lokey Matthews of Colquitt McClelland McCracken McDonald McGarity Milford Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt
Paris Parker Payton Perry of Evans Phillips Pickard Ponsell Poss Raulerson Rhodes Roberts Rodgers Roper Rutland
1633
Sangster Scarborough Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Story Stuckey Todd Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Ware Watson Watts Wells of Peach White Wilkes Williams of Coffee Wilson of Cobb Woodward Mr. Speaker
On the passage of the bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 636. By Messrs. Towson of Laurens and Spikes of Troup:
A Bill to be entitled an Act to amend an Act relating to the imposition, rate of computation and exemptions from income taxation, so as to clarify the taxation of distrbutions from a trust exempted from taxation by Code Section 92-3105, and for other purposes.
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:
1634
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs:
Abney Andrews Barber Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Busbee Bynum Byrd Carr Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Deen of Bacon Dixon Dorminy Duncan of Fannia Fleming Flournoy Floyd Funk Greene Groover Hale Hall Harrington Harris
Henderson Herndon House Hull Hurst Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian Kirkland Knight of Laurens Laite Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey McCracken McDonald McKemie Melton Mitchell Mixon Moate Moore Odom Overby Pafford Paris
Partridge Payton Peterson Ponsell Poole Pope Reaves Richardson Roberts Rowland Russell Sewell Shaw Shea Shuman Sinclair Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Towson Tucker of Catoosa Tucker of Burke Vaughn Ware Warren Wells of Oconee Wells of Camden Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Acree Causby
Meeks
Milford
Those not voting were Messrs.:
Alien Anderson Arnsdorff Bagby Ballard Baughman Bolton
Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell
Chance Conner Crummey Davis Dean of Polk DeVane Duncan of Carroll
TUESDAY, MARCH 12, 1963
Echols Etheridge Flynt Fowler of Douglas Fowler of Treutlen Fulford Gibbons Griffin Harrell Hill Horton Houston Johnson of Elbert Jones of Liberty Jones of Worth Keadle King Knight of Berrien Lambert Lane Lee of Clinch Logan Mackay Matthews of Colquitt
McClelland McGarity Milhollin Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Parker Perry of Marion Perry of Evans Phillips Pickard Poss Rainey Raulerson Rhodes Rodgers Roper Rutland Sangster Scarborough
1635
Simmons Simpson Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Stuckey Todd Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Watson Watts Wells of Peach White Wilkes Williams of Coffee Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 107, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 657. By Mr. Busbee of Dougherty:
A Bill to be entitled an Act to authorize the leasing of State Parks and related facilities to public authorities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as. follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson
Andrews Ballard Barber Baughman
Black Blair Blalock of Coweta Blalock of Clayton
1636
JOURNAL OF THE HOUSE,
Bolton Bowen of Dawson Brackin Branch Busbee Bynum Byrd Carr Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Dicus Dixon Dorminy Duncan of Pannin Echols Plournoy Ployd Plynt Punk Gibbons Greene Griffin Groover Hale Harrell Harrington Harris Henderson Herndon Horton House Hull Hurst
Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Ployd Kelly Keyton Kirkland Laite Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay McCracken McDonald McKemie Meeks Melton Milford Mixon Moate Moore Murphy Nessmith Odom Overby Pafford Paris Partridge Payton Perry of Evans Peterson
Phillips Pickard Ponsell Poole Pope Raulerson Reaves Richardson Roberts Rowland Russell Sewell Shaw Shea Shuman Simpson Sinclair Smith of Porsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Vaughn Waldrop Walker Ware Warren Wells of Oconee Wells of Camden Williams of Hall Wilson of Brantley
Those not voting were Messrs:
Arnsdorff Bagby Bedgood Bell Bowen of Randolph Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Causby Chance Chandler
Clark of Catoosa Conner Crummey Davis Dean of Polk Deen of Bacon DeVane Duncan of Carroll Etheridge Fleming Fowler of Douglas Fowler of Treutlen Fulford Hill
Houston Isenberg Johnson of Elbert Jones of Liberty Jordan of Calhoun Keadle Killian King Knight of Laurens Knight of Berrien Lambert Lane Leonard Logan
TUESDAY, MARCH 12, 1963
1637
Matthews of Clarke Matthews of Colquitt McClelland McGarity Milhollin Mitchell Morgan of Gwinnett Morgan of Newton Mullis Newton of Jenkins Newton of Colquitt Parker Perry of Marion Poss Rainey
Rhodes Rodgers Roper Rutland Sangster Scarborough Simmons Singer Smith of Emanuel Stuckey Teague Todd Towson Tucker of Catoosa Tucker of Burke
Twitty Underwood of
Montgomery Underwood of Taylor Watson Watts Wells of Peach White Wilkes Williams of Coffee Wilson of Cobb 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.
HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to rename the State Department of Public Welfare as the State Department of Family and Children Ser vices; and for other purposes.
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 Acree Alien Anderson Bagby Ballard Baughman
Bedgood Bell Black
Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin
Branch Brown Busbee
Byrd Caldwell Carr Causby Clarke of Monroe Coker of Cherokee Coker of Turner
Conger Conner Cullens
1638
JOURNAL OF THE HOUSE,
DeVane Echols Fleming Floyd Flynt Funk
Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Hull Hurst Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian Knight of Laurens Knight of Berrien Laite Lambert Lane
Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McCracken McDonald McKemie Milford Milhollin Mitchell Mixon Moore Morgan of Newton Nessmith Odom Overby Pafford Paris Partridge Payton Perry of Evans Peterson Pickard Ponsell Poole Pope Raulerson Reaves Richardson
Roberts Rowland Russell Sewell Shaw Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Story Tabb Teague Towson Tucker of Catoosa Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs. :
Andrews Arnsdorff Barber Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Chance Chandler Clark of Catoosa Crummey Davis Dean of Polk Deen of Bacon Dicus Dixon Dorminy
Duncan of Fannin Duncan of Carroll Etheridge Flournoy Fowler of Douglas Fowler of Treutlen Fulford Hill Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Kelly King Kirkland Lee of Clinch
Leonard Logan Matthews of Colquitt McClelland McGarity Meeks Melton Moate Morgan of Gwinnett Mullis Murphy Newton of Jenkins Newton of Colquitt Parker Perry of Marion Phillips Poss Rainey
Rhodes Rodgers
Roper Rutland Sangster Scarborough Simmons Singer
TUESDAY, MARCH 12, 1963
1639
Smith of Emanuel Steis
Stuckey Todd Tucker of Burke Twitty Underwood of
Montgomery
Watson Wells of Peach
White Wilkes Wilson of Cobb 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.
Messrs. Kirkland of Tattnall and Barber of Jackson stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye" on HB 561.
HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty, Andrews of Stephens and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Bagby Ballard Barber Baughman Bell Black
Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Branch Brown Busbee
Bynum Byrd Carr Causby Carr Causby Chandler Clarke of Monroe Coker of Cherokee Coker of Turner
1640
JOURNAL OP THE HOUSE,
Conger Cullens Duncan of Carroll Echols Fleming Flournoy Floyd Flynt Funk
Gibbons Greene Griffin Hall Harrell Harrington Herndon Horton House Hull Hurst Isenberg Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite
Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Mackay Matthews of Colquitt McDonald McKemie Meeks Milford
Milhollin Mitchell Mixon Moate Moore Morgan of Newton Odom Pafford
Paris Parker Partridge Payton Perry of Evans Peterson Pickard Ponsell Pope Rainey Reaves Rowland
Russell Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Story Tabb Todd Towson Tucker of Burke Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Andrews Arnsdorff Bedgood Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Chance Clark of Catoosa Conner Crummey Davis Dean of Polk Deen of Bacon DeVane Dicus
Dixon Dorminy Duncan of Fannin Etheridge Fowler of Douglas Fowler of Treutlen Fulford Groover Hale Harris Henderson Hill
Houston Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth
Kelly Lee of Clinch Leonard Lindsey Logan Matthews of Clarke McClelland McCracken McGarity Melton Morgan of Gwinnett Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Overby
Perry of Marion Phillips Poole Poss Raulerson Rhodes Richardson Roberts Rodgers Roper
TUESDAY, MARCH 12, 1963
Rutland Sangster Shuman Singer Smith of Forsyth Smith of Emanuel Steis Stuckey Teague Tucker of Catoosa
1641
Twitty Underwood of
Montgomery Watson Wells of Peach White Wilkes Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 449. By Messrs. Bagby of Paulding, Cullens of Bartow, Jordan of Floyd, Floyd of Chattooga, Groover of Bibb, Matthews of Colquitt and many others:
A Bill to be entitled an Act to provide that it shall be unlawful for any person who has been convicted for the violation of any of the criminal laws against the United States of America and who has served two separate sentences in any penal institution, custodial institution or other places of confinement to serve in any municipal, county, district or State election or 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 Acree Alien Anderson
Andrews
Arnsdorff Bagby Ballard Barber
Baughman Bedgood Bell
Black Blair Blalock of Coweta Bolton
Bowen of Randolph
Bowen of Dawson Branch Brown Busbee
Bynum Byrd Carr
Causby Chandler Clarke of Monroe Coker of Cherokee
Coker of Turner
Conger Conner Cullens Dean of Polk
DeVane Dorminy Duncan of Carroll
1642
JOURNAL OF THE HOUSE,
Echols Fleming Flournoy Floyd Flynt Funk Gibbons Greene Griffin Hale Hall Harrell Harrington Herndon Horton House Hull Hurst Isenberg Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton Killian Kirkland Knight of Berrien Laite Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey
Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McKemie Meeks Milford Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Overby Paris Parker Partridge Payton Perry of Evans Peterson Pickard Ponsell Pope Rainey Raulerson Reaves Richardson Roberts
Rowland Russell Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Story Tabb Teague Todd Towson Underwood of Taylor Waldrop Walker Ware Warren Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Blalock of Clayton Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Chance Clark of Catoosa Crummey Davis Deen of Bacon Dicus Dixon Duncan of Fannin Etheridge Fowler of Douglas
Fowler of Treutlen Fulford Groover Harris Henderson Hill Houston Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun Kelly King Knight of Laurens Lambert Lane
Lee of Clinch Leonard Logan McClelland McGarity Melton Milhollin Mullis Nessmith Newton of Colquitt Pafford Perry of Marion Phillips Poole Poss Rhodes
Rodgers Roper Rutland Sangster Simpson Singer Smith of Forsyth Smith of Emanuel
TUESDAY, MARCH 12, 1963
Steis Stuckey Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Vaughn
1643
Watson Wells of Peach White Wilkes 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.
HB 638. By Messrs. Floyd of Chattooga, Bedgood of Clarke, Richardson, and Shea of Chatham, Groover of Bibb, Horton of Putnam and others:
A Bill to be entitled an Act to amend an Act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly, and for other purposes.
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 Acree Alien Anderson Andrews Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Brackin Branch Brown
Busbee Bynum Caldwell Carr Causby Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Dean of Polk DeVane Duncan of Carroll Echols Fleming Flournoy Floyd
Flynt Funk Gibbons Greene Griffin Hale Hall Harrington Harris Henderson Horton House Hull Hurst Isenberg Jones of Muscogee Jordan of Floyd Jordan of Calhoun
1644
JOURNAL OF THE HOUSE,
Keadle Kelly Killian King Kirkland Knight of Berrien Laite Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McDonald McKeniie Meeks Milhollin Mitchell Mixon Moore Morgan of Gwinett
Morgan of Newton Nessmith
Odom Overby Paris Partridge Payton Peterson Pickard Ponsell Pope Rainey Raulerson Reaves Richardson Roberts Rowland Russell Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth
Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Story Tabb Teague Todd Towson Tucker of Burke Underwood of Taylor Waldrop Ware Warren Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Arnsdorff Bagby Black Blalock of Clayton Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Byrd Chance Clark of Catoosa Conner Crummey Davis Deen of Bacon Dicus Dixon Dorminty Duncan of Fannin Etheridge Fowler of Douglas Fowler of Treutlen
Fulford Groover Harrell Herndon Hill
Houston Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Keyton Knight of Laurens Lambert Lane Lee of Clinch Leonard Logan Matthews of Colquitt McClelland McCracken McGarity Melton Milford Moate Mullis Murphy Newton of Jenkins Newton of Colquitt Pafford Parker Perry of Marion
Perry of Evans Phillips Poole Poss Rhodes Rodgers Roper Rutland Sangster Singer Smith of Emanuel Steis Stuckey Tucker of Catoosa
Twitty Underwood of
Montgomery Vaughn Walker
Watson Wells of Peach
White Wilkes Woodward Mr. Speaker
TUESDAY, MARCH 12, 1963
1645
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 224. By Messrs. Payton of Coweta, Overby of Hall, Bagby of Paulding, Cullens of Bartow and McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to a health insurance plan for State employees, so as to authorize Solicitors-General 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 roll call was ordered and the vote was as follows :
Abney Acree Alien Anderson Bagby Barber Baughman Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Branch Brown Busbee Bynum Byrd Caldwell Carr Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Da vis Dean of Polk DeVane Duncan of Fannin Echols Fleming Flournoy
Flynt Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon House Hull Hurst Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian King Kirkland Knight of Berrien Laite Lambert Lee of Clinch Lee of Dougherty Lewis Lindsey Lokey
Lowrey Matthews of Colquitt McDonald McKemie Meeks Milford Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Odom Overby Pafford Paris Partridge Payton Peterson Ponsell Poole Pope Rainey Raulerson Reaves Roberts Rowland Russell Scarborough Shaw Shea Shuman Simmons
1646
JOURNAL OF THE HOUSE,
Simpson Sinclair Smith of Porsyth Smith of Telfair Snow Spikes Stalnaker
Story Tabb Todd Tucker Underwood of Taylor Vaughn Walker
Ware Warren Watts Wells of Oconee Wells of Camden Williams of Hall
Those not voting were Messrs.:
Andrews Arnsdorff Ballard Bedgood Black Bolton Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Causby Chance Chandler Clark of Catoosa Conner Crummey Deen of Bacon Dicus Dixon Dorminy Duncan of Carroll Etheridge Floyd Fowler of Douglas Fowler of Treutlen Fulford Hill H orton Houston
Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Kelly Keyton Knight of Laurens Lane Lee of Clayton Leonard Logan Mackay Matthews of Clarke McClelland McCracken McGarity Melton Milhollin Mitchell Mullis Murphy Nessmith Newton of Jenkins Newton of Colquitt Parker Perry of Mario" Perry of EvanA Phillips Pickard
Poss Rhodes Richardson Rodgers Roper Rutland Sangster Sewell Singer Smith of Emanuel Smith of Habersham Smith of Whitfield Steis Stuckey Teague Towson Tucker of Catoosa Twitty Underwood of
Motngomery Waldrop Watson Wells of Peach White Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 64. By Senators Conway of the 41st and Jackson of the 16th: A Resolution creating the Governor's Commission for Scientific Research and Development; to provide for the appointment of the members there of; to prescribe their term of office and compensation; and for other purposes.
TUESDAY, MARCH 12, 1963
1647
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 Acree Alien Anderson Arnsdorff Bagby Ballard Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk DeVane Duncan of Pannin Echols Flournoy Floyd Flynt Funk Gibbons Greene Griffin Groover Hall
Harrell Harrington Harris Henderson Horton House Houston Hurst Johnson of Elbert Johnson of Warren Jones of Lumpkin Joens of Muscogee Jordan of Calhoun Keadle Killian King Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Matthews of Colquitt McDonald McKemie Meeks Milford Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Pafford
Paris Parker Partridge Peterson Ponsell Poole Pope Rainey Raulerson Reaves Richardson Rodgers Rowland Scarborough Sewell Shaw Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Snow Spikes Stalnaker Story Tabb Todd Towson Tucker of Burke Underwood of Taylor Vaughn Waldrop Warren Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall
1648
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Andrews Barber Bedgood Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Chance Clark of Catoosa Conner Crummey Deen of Bacon Dicus Dixon Dorminy Duncan of Carroll Etheridge Fleming Fowler of Douglas Fowler of Treutlen Fulford Hale Herndon Hill
Hull Isenberg Jones of Liberty Jones of Worth Jordan of Floyd Kelly Keyton Kirkland Lambert Leonard Lindsey Logan Mackay Matthews of Clarke McClelland McCracken McGarity Melton Milhollin Mullis Newton of Colquitt Payton Perry of Marion Perry of Evans Phillips Pickard
Poss Rhodes Roberts Roper Russell Rutland Sangster Singer Smith of Whitfield Steis Stuckey Teague Tucker of Catoosa Twitty Underwood of
Montgomery Walker Ware Watson Wells of Peach White Wilkes Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 128, nays 0.
The Resolution, having received the constitutional majority, was adopted.
HR 185-535. By Messrs. Shea, Funk and Richardson of Chatham:
A Resolution creating the Forward Georgia Commission; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
TUESDAY, MARCH 12, 1963
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Brackin Branch Brantley Bynum Byrd Caldwell Carr Causby Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Echols Fleming Flournoy Floyd Flynt Funk Gibbons Greene Griffin
Groover Hale Hall Harrell Harrington Harris Henderson Horton House Houston Hull Hurst Isenberg Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lee of Dougherty Lewis Lokey Matthews of Colquitt McKemie Meeks Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Odom Overby
1649
Paris Partridge Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Rodgers Rowland Russell Rutland Scarborough Sewell Shaw Shea Shuman Sinclair Smith of Telfair Smith of Emanuel Smith of Habersham Snow Stalnaker Story Tabb Teague Todd Towson Vaughn Waldrop Walker Ware Warren Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall
Those voting in the negative were Messrs. Newton of Jenkins and Parker.
1650
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Bedgood Black Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Pulton Brown Busbee Chance Chandler Clark of Catoosa Crummey Davis Been of Bacon Dicus Duncan of Carroll Etheridge Fowler of Douglas Fowler of Treutlen Fulford Herndon Hill Johnson of Elbert Jones of Worth Jordan of Floyd
Laite Lambert Lane Lee of Clinch Lee of Clayton Leonard Lindsey Logan Lowrey Mackay Matthews of Clarke McClelland McCracken McDonald McGarity Melton Mullis Newton of Colquitt Pafford Payton Perry of Marion Phillips Pickard Rhodes Roberts
Roper Sangster Simmons Simpson Singer Smith of Forsyth Smith of Whitfield Spikes Steis Stuckey Tucker of Catoosea Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Watson Wells of Peach Wilkes Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 131, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 581. By Mr. Cullens of Bartow:
A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace 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 roll call was ordered and the vote was as follows:
TUESDAY, MARCH 12, 1963
Those voting in the affirmative were Messrs.:
Ahney Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bell Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Brackin Branch Brown Busbee Bynum Byrd Caldwell Carr Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Dean of Polk DeVane Dixon Duncan of Fannin Fleming Flournoy Floyd Flynt Funk Greene Griffin
Groover Hale Hall Harrell Harrington Henderson Herndon House Houston Hull Hurst Isenberg Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Kelly Killian Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Matthews of Colquitt McClelland McDonald McKemie Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith
1651
Odom Partridge Perry of Evans Peterson Ponsell Poole Poss Rainey Raulerson Reaves Richardson Roberts Rowland Russell Rutland Scarborough Sewell Shaw Shea Shuman Sinclair Smith of Telfair Smith of Emanuel Smith of Habersham Snow Spikes Stalnaker Story Tabb Todd Towson Underwood of Taylor Vaughn Waldrop Warren Watts Wells of Peach Wells of Oconee Wells of Camden Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Dorminy Meeks
Pope
Williams of Hall
1652
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Andrews Bedgood Black Blair Bowen of Randolph Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Chance Crummey Davis Been of Bacon Dicus Duncan of Carroll Echols Etheridge Fowler of Douglas Fowler of Treutlen Fulford Gibbons Harris Hill Horton Johnson of Elbert Jones of Liberty
Jones of Worth Jordan of Floyd Keadle Keyton King Laite Lambert Leonard Lindsey Logan Mackay Matthews of Clarke McCracken McGarity Melton Mullis Newton of Jenkins Newton of Evans Overby Pafford Paris Parker Payton Perry of Marion Phillips Pickard
Rhodes Rodgers Roper Sangster Simmons Simpson Singer Smith of Forsyth Smith of Whitfield Steis Stuckey Teague Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Walker Ware Watson White Wilkes Williams of Coffee Woodward Mr. Speaker
On the passage of the Bill, the ayes were 125, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Dorminy of Ben Hill stated that he voted "Nay" inadvertently and would like to be recorded as voting "Aye" on HB 581.
HB 452. By Mr. Story of Gwinnett: A Bill to be entitled an Act to amend an Act entitled the "Juvenile Courts Act", so as to change the age limit for making public the name or picture of any child under the jurisdiction of the 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 roll call was ordered and the vote was as follows:
TUESDAY, MARCH 12, 1963
Those voting in the affirmative were Messrs.:
Abney Anderson Baughman Bell Black Blair Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brantley Brown Byrd Caldwell Carr Causby Chandler Clark of Catoosa Cullens Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Echols Plournoy Plynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Griffin Hale Harrell Harrington Herndon
Hill Horton House Hull Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Killian Kirkland Lambert Lane Lee of Clinch Lee of Clayton Lewis Lokey Lowrey Matthews of Colquitt McDonald Meeks Milford Mixon Moate Moore Morgan of Gwinnett Murphy Nessmith Newton of Colquitt Overby Paris Parker Partridge Payton Perry of Evans
1653
Peterson Ponsell Poole Pope Poss Raulerson Roberts Rowland Scarborough Shaw Shuman Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Stalnaker Steis Story Tabb Teague Todd Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Warren Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Acree Barber Blalock of Coweta Bowen of Randolph Busbee Clarke of Monroe Coker of Cherokee Coker of Turner
Greene Henderson Johnson of Warren Lee of Dougherty Mackay Mitchell Newton of Jenkins Odom
Pickard Sewell Smith of Habersham Spikes Tucker of Burke Ware
1654
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Alien Andrews Arnsdorff Bagby Ballard Bedgood Brackin Branch Brooks of Oglethorpe Brooks of Fulton Bynum Chance Conger Conner Crummey Davis Been of Bacon Dicus Duncan of Carroll Etheridge Fleming Floyd Fulford Groover Hall Harris
Houston Jones of Liberty Jones of Worth Jones of Muscogee Keadle Kelly Keyton King Knight of Laurens Knight of Berrien Laite Leonard Lindsey Logan Matthews of Clarke McClelland McCracken McGarity McKemie Melton Milhollin Morgan of Newton Mullis Pafford Perry of Marion Phillips
Rainey Reaves Rhodes Richardson Rodgers Roper Russell Rutland Sangster Shea Simmons Simpson Singer Stuckey Towson Tucker of Catoosa Walker Watson Watts White Williams of Coffee Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 107, nays 22.
The Bill, having received the requisite constitutional majority, was passed.
SR 24. By Senator Pannell of the 54th:
A Resolution creating the Election Laws Study Committee; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Special Judiciary moves to amend SR 24 as follows:
By adding a new sentence to the sixth paragraph of said Resolution as follows: "In addition to the members so named, the Secretary of State and the Attorney General shall serve as ex officio members of said Committee.", so that after amendment, said paragraph shall read as follows:
"NOW, THEREFORE, be it resolved by the General Assembly of Georgia that there is hereby created the "Election Laws
TUESDAY, MARCH 12, 1963
1655
Study Committee" to be composed of three members of the House of Representatives, to be appointed by the Speaker; two members of the Senate, to be appointed by the President; and four members from the State at large, to be named by the Governor. The members of the Committee who are to be named shall be so named within thirty days after the approval of this Resolution by the Governor or after it otherwise becomes law. In addition to the members so named, the Secretary of State and the Attorney General shall serve as ex officio members of said Committee."
By changing the period at the end of the first sentence of the next to the last paragraph to a comma and adding the following: "except that the Secretary of State and the Attorney General shall receive no additional compensation, but shall receive actual and necessary expenses relating to their services on the Committee.", so that when so amended said first sentence shall read as follows:
"The members of the Committee shall receive compensation, per diem expenses, and allowances authorized for members of interim legislative committees, except that the Secretary of State and the Attorney General shall receive no additional compensation, but shall receive actual and necessary expenses relating to their services on the Committee."
By adding between the first and second sentences of the next to the last paragraph the following:
"The Committee shall be authorized to meet for a total of 20 days. However, upon request of the Governor and the approval of the Speaker of the House and the President of the Senate, such additional time as will allow the Committee to complete the purposes of this Resolution shall be authorized."
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber
Bell Blair Blalock of Coweta Blalock of Clayon Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley
Brown Busbee Bynum Byrd Carr Causby Chance Chandler Clark of Catoosa
1656
JOURNAL OP THE HOUSE,
Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly
Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Mackay McCracken McDonald McKemie Meeks Melton Milford Mitchell Mixon Moate Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Pope Poss
Rainey Raulerson Reaves Richardson Roberts Rodgers Rowland Rutland Scarborough Sewell Shaw Shea Shuman Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watts Wells of Peach Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall
Voting in the negative was Mr. Matthews of Colquitt
Those not voting were Messrs.:
Baughman Bedgood Black Brackin Branch Brooks of Oglethorpe
Brooks of Fulton Caldwell Crummey Davis Dicus Duncan of Carroll
Etheridge Fulford Groover Hale Hall Hill
TUESDAY, MARCH 12, 1963
1657
Jones of Liberty Jones of Worth Laite Leonard Lindsey Logan
Matthews of Clarke McClelland McGarity Milhollin Moore Mullis
Murphy Overby Pafford Pickard Poole Rhodes
Roper Russell Sangster Simmons Simpson Singer
Stuckey Tucker of Catoosa Twitty Walker Ware Warren
Watson Wilkes Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 150, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 516. By Mr. Kirkland of Tattnall:
A Bill to be entitled an Act to amend an Act relating to "Non-profit Medical Service Corporations", so as to provide that doctors of podiatry shall have the same rights, benefits and privileges as doctors of medicine and surgery and doctors of dental surgery; and for other purposes.
Mr. Raulerson of Echols moved that HB 516 be laid on the table.
On the motion to table, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Barber -Baughman Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Bynum Byrd
Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Dicus Floyd Greene Griffin Groover
Hall Harrington Johnson of Elbert Jordan of Floyd Jordan of Calhoun Kirkland Lane Lee of Clinch Lee of Clayton Lewis Lindsey Lokey Lowrey Matthews of Clarke McCracken
1658
McDonald McGarity McKemie Milhollin Mitchell Mixon Moate Moore Nessmith Overby
JOURNAL OF THE HOUSE,
Partridge Payton Pope Rainey Raulerson Rhodes Roper Rutland Scarborough Sinclair
Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Tabb Underwood of Taylor Wells of Camden Williams of Hall
Those voting in the negative were Messrs.:
Arnsdorff
Black Brooks of Oglethorpe Brown Busbee Conner Deen of Bacon DeVane Duncan of Fannin Flynt Fowler of Treutlen Fulford Funk Gibbons Harrell Henderson Herndon Horton House Houston Hurst Johnson of Warren Jones of Liberty
Jones of Worth Keadle Kelly Keyton King Laite Lee of Dougherty Leonard Mackay Matthews of Colquitt Meeks Milford Newton of Jenkins Newton of Colquitt Qdom Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Poss Reaves
Rowland Sewell Shaw Shea Simpson Singer Stalnaker Steis Teague Todd Towson Tucker of Burke Waldrop Walker Ware Warren White Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Andrews Bagby Ballard Bedgood Bell Blalock of Coweta Bowen of Toombs Brackin Brooks of Fulton Caldwell Carr Chandler Crummey
Dixon Dorminy Duncan of Carroll Echols Etheridge Fleming Flournoy Fowler of Douglas Hale Harris Hill Hull Isenberg
Jones of Lumpkin Jones of Muscogee Killian Knight of Laurens Knight of Berrien Lambert Logan McClelland Melton Morgan of Gwinnett Morgan of Newton Mullis Murphy
Pafford Paris Parker Pickard Richardson Roberts Rodgers Russell Sangster
TUESDAY, MARCH 12, 1963
1659
Shuman Simmons Smith of Emanuel Story Stuckey Tucker of Catoosa Twitty Underwood of
Montgomery
Vaughn Watson Watts Wells of Peach Wells of Oconee Wilkes Mr. Speaker
On the motion to table the ayes were 75, nays 67.
The motion prevailed and HB 516 was laid on the table.
HB 127. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to make it unlawful to injury or interfere with the property of any company or political subdivision relative to any electrical system, gas system, water system, sewerage system or communication 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Arnsdorff Bagby Barber Baughman Blalock of Clayton Bolton Brooks of Oglethorpe Busbee Bynum Byrd Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee
Coker of Turner Davis Dean of Polk Dicus Dorminy Duncan of Fannin Duncan of Carroll Etheridge Flournoy Flynt Fowler of Treutlen Funk Gibbons Greene Hall Harrell Harris
Henderson Herndon House Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland
1660
JOURNAL OP THE HOUSE,
Knight of Laurens Lambert Lee of Clayton Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McGarity Mixon Odom Pafford Partridge Payton
Perry of Marion Perry of Evans Peterson Phillips Pickard Pope Reaves Roberts Roper Rutland Scarborough Sewell Shaw Shea Shuman Simpson
Smith of Telfair Spikes Stalnaker Steis Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Walker Ware Watts Wells of Peach Wells of Camden Wilkes Williams of Coffee
Those voting in the negative were Messrs.:
Alien Ballard Bell Black Bowen of Randolph Bowen of Dawson Branch DeVane Dixon Echols Fleming Fulford Griffin Harrington
Horton Houston Lane Lee of Clinch Lee of Dougherty Leonard Lindsey McKemie Milford Moate Morgan of Gwinnett Morgan of Newton Murphy Nessmith
Newton of Jenkins Newton of Colquitt Paris Poss Rhodes Rowland Sinclair Story Tabb Twitty Warren White Wilson Woodward
Those not voting were Messrs.:
Acree Andrews Bedgood Blair Blalock of Coweta Bowen of Toombs Braekin Brantley Brooks of Fulton Brown Caldwell Causby Chandler Conger Conner Crummey
Cullens Been of Bacon Floyd Fowler of Douglas Groover Hale Hill Jones of Liberty Jones of Lumpkin Jordan of Floyd Knight of Berrien Laite Logan McClelland McDonald Meeks
Melton Milhollin Mitchell Moore Mullis Overby Parker Ponsell Poole Rainey Raulerson Richardson Rodgers Russell Sangster Simmons
TUESDAY, MARCH 12, 1963
Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Smith of Whitfield Snow
Stuckey Teague Todd Underwood of
Montgomery Waldrop
1661
Watson Wells of Oconee Williams of Hall Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 99, nays 42.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Etheridge of Fulton 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 127.
HB 495. By Messrs. Keyton and Russell of Thomas, Reaves of Brooks, Hall of Lee, Carr of Washington, Hull and Fleming of Richmond, and many others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State Officials, so as to change the com pensation of the State Supervisor of Purchases; and for other purposes.
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 Anderson Arnsdorff Bagby Baughman Bedgood Bell Blair Bolton Bowen of Randolph Bowen of Dawson
Branch Brown Busbee Bynum Byrd Carr Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner
Conger DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Floyd Fowler of Douglas Fulford Funk
1662
JOURNAL OF THE HOUSE,
Gibbons Greene Griffin Hall Harrell Henderson Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Muscogee Kelly Keyton Killian Knight of Berrien Lane Lee of Clinch Lee of Dougherty Lewis
Lowrey Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity McKemie Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Overby Pafford Paris Partridge Payton Perry of Marion Phillips Pickard Ponsell Reaves
Rhodes Rowland Russell Shaw Shea Shuman Sinclair Smith of Telfair Snow Spikes Tabb Towson Tucker of Catoosa Twitty Walker Ware Warren Watson Wilson of Brantley
Those voting in the negative were Messrs.:
Ballard Brooks of Oglethorpe Caldwell Causby Davis Flournoy Fowler of Treutlen Harris Horton
Johnson of Warren Leonard Lindsey Meeks Milford Moate Morgan of Gwinnett Odom Peterson
Poss Scarborough Smith of Forsyth Smith of Habersham Stalnaker Story Tucker of Burke Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Alien Andrews Barber Black Blalock of Coweta Blalock of Clayton Bowen of Toombs Brackin Brantley Brooks of Fulton Chandler Conner Crummey Cullens Dean of Polk
Deen of Bacon Dorminy Etheridge Fleming Flynt Groover Hale Harrington Herndon Hill House Jones of Liberty Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle
King Kirkland Knight of Laurens Laite Lambert Lee of Clayton Logan Lokey Mackay McClelland Melton Milhollin Mitchell Mixon Moore Mullis
Nessmith Parker Perry of Evans Poole Pope Rainey Raulerson Richardson Roberts Rodgers Roper Rutland Sangster
TUESDAY, MARCH 12, 1963
1663
Sewell Simmons Simpson Singer Smith of Emanuel Smith of Whitfield Steis Stuckey Teague Todd Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Watts Wells of Peach Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 94, nays 27.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Keyton of Thomas served notice that at the proper time he would ask that the House reconsider its action in failing to give the requisite constitutional majority to HB 495.
Mr. Duncan of Carroll moved that all Bills passed the House today be immediately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Arnsdorff Bolton Branch Brown Byrd Clark of Catoosa Conger Duncan of Pannin Duncan of Carroll Funk Griffin Harrell Harrington
Horton House Isenberg Johnson of Elbert Jones of Muscogee Knight of Berrien Laite Lambert Lee of Clinch Lindsey Lokey Moate Morgan of Gwinnett Newton of Jenkins Newton of Colquitt
Peterson Pickard Reaves Rodgers Rowland Sinclair Smith of Forsyth Smith of Telf air Smith of Habersham Snow Spikes Story Tabb Towson Tucker of Catoosa
1664
JOURNAL OF THE HOUSE,
Twitty Underwood of Taylor Ware
Watson Wells of Peach Wells of Camden
White
Those voting in the negative were Messrs.:
Acree Ballard Black Blair Blalock of Coweta Bowen of Dawson Busbee Bynum Causby Chance Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Dorminy Fleming Flournoy Floyd Fowler of Treutlen Fulford Gibbons
Greene Hall Henderson Herndon Houston Johnson of Warren Jones of Worth Jordan of Floyd Keadle King Kirkland Lee of Dougherty Leonard Lowrey Matthews of Colquitt McCracken McDonald McGarity Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Newton
Odoin Overby Paris Partridge Phillips Pope Poss Rainey Rhodes Roper Scarborough Sewell Shaw Shea Shuman Simpson Stalnaker Walker Warren Watts Williams of Coffee Wilson of Cobb Woodward
Those not voting were Messrs.:
Anderson Andrews Bagby Barber Baughman Bedgood Bell Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Carr Chandler Conner
Crummey Cullens Dixon Echols Etheridge Flynt Fowler of Douglas Groover Hale Harris Hill Hull Hurst Jones of Liberty Jones of Lumpkin Jordan of Calhoun Kelly Keyton
Killian Knight of Berrien Lane Lee of Clayton Lewis Logan Mackay Matthews of Clarke McClelland McKemie Melton Mullis Murphy Nessmith Pafford Parker Payton Perry of Marion
Perry of Evans Ponsell Poole Raulerson Richardson Roberts Russell Rutland Sangster
TUESDAY, MARCH 12, 1963
1665
Simmons Singer Smith of Emanuel Smith of Whitfield Steis Stuckey Teague ' Todd Tucker of Burke
Underwood of Montgomery
Vaughn Waldrop Wells of Oconee Wilkes Williams of Hall Wilson of Brantley Mr. Speaker
On the motion to transmit, the ayes were 52, nays 73.
The motion was lost.
SB 80. By Senators Lee of the 47th, Broun of the 46th and others :
A Bill to be entitled an Act to amend Code Chapter 84-11 relating to the practice of Optometry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Hygine & Sanitation moves to amend SB 80 as follows:
By striking from Section 2 the following language: "Pulton County, Georgia by a writ of certiorari as provided by law in other cases. Any such application for a writ of certiorari must be made within ten (10) days of the action of the Board sought to be re viewed."
and inserting in lieu thereof the following language:
"the county of the applicant's residence in the same manner and by the same procedure as appeals are made to the superior court from decisions made by the court of ordinary."
The following amendment was read:
Jones of Worth moves to amend Senate Bill 80 by adding at the end of Section 1 the following:
Provided, however, the Georgia State Board of Examiners in Op tometry shall not have the authority or power to adopt, establish, enforce or maintain any rule or regulation which would prohibit
1666
JOURNAL OF THE HOUSE,
the operation of an optical department in any commercial or mer cantile establishment or the practice of Optometry by an optome trist, duly licensed in this State, in any such department, whether as an employee, licensee or tenant of the owner or operator of such commercial or mercantile establishment or optical department therein.
On the adoption of the amendment the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Jones of Worth
Lambert
Underwood of Montgomery
Those voting in the negative were Messrs.:
Abney Acree Alien Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Coker of Cherokee Coker of Turner Conger Cullens Dean of Polk Deen of Bacon DeVane
Dicus Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fulford Funk Gibbons Greene Griffin Groover Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin
Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Kirkland Knight of Laurens Laite Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett
TUESDAY, MARCH 12, 1963
Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Reaves
Rhodes Richardson Roberts Rodgers Roper Rowland Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Story
1667
Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Anderson Andrews Baughman Bolton Bowen of Toombs Brackin Branch Brooks of Pulton Chandler Clarke of Monroe Conner Crummey Davis
Duncan of Carroll Fowler of Douglas Fowler of Treutlen Hale Kelly Knight of Berrien Lee of Clinch Logan Mackay Matthews of Colquitt Mullis Pickard Raulerson
Russell Rutland Sangster Simmons Singer Steis Stuckey Twitty Vaughn Wells of Camden Wilkes Mr. Speaker
On the adoption of the amendment the ayes were 3, nays 161.
The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
1668
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Alien Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons
Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon
Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Gwinnett Newton of Colquitt Odom Overby Pafford Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd
TUESDAY, MARCH 12, 1963
Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Walker
Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden
1669
White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.: Jones of Worth and Lambert.
Those not voting were Messrs.:
Anderson Andrews Bedgood Bowen of Toombs Brackin Brooks of Fulton Chandler Crummey
Davis Kelly Logan Mackay Mullis Eaulerson Rutland Simmons
Singer Stuckey Underwood of
Montgomery Vaughn Wilkes Mr. Speaker
On the passage of the Bill, as amended, the ayes were 181, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Messrs. Mackay of DeKalb and Chandler of Baldwin stated that they were called from the Hall of the House to confer with constituents at the time the roll was called but had they been present they would have voted "Aye" on SB 80.
SB 11. By Senator Jackson of the 16th
A Bill to be entitled an Act to provide for the mandatory closing of certain commercial business establishments on Sunday; to allow certain others to remain open; to provide for local county option; and for other purposes.
Mr. Pickard of Muscogee moved that further consideration of SB 11 be postponed until tomorrow, March 13, 1963, and the motion prevailed.
Further consideration of SB 11 was postponed until March 13, 1963.
1670
JOURNAL OP THE HOUSE,
HB 443. By Mr. Ware of Troup:
A Bill to be entitled an Act to amend an Act creating the Georgia Ports Authority, so as to define the word "project"; to remove the limitation on the issuance of bonds; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act creating the Georgia Ports Authority, approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, particularly by an Act approved February 17, 1949 (Ga. Laws 1949, p. 778), by an Act approved February 1, 1955 (Ga. Laws 1955, p. 120), an Act approved March 27, 1958 (Ga. Laws 1958, p. 714), an Act approved February 29, 1960 (Ga. Laws 1960, p. 150), and an Act approved March 7, 1961 (Ga. Laws 1960, p. 288), so as to redefine "project" and "self liquidating" project; to remove the limitation on the issuance of bonds; to clarify contracting powers; to provide for validation of revenue bonds; to provide bond holder remedies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Georgia Ports Authority, approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, particularly by an Act approved February 17, 1949 (Ga. Laws 1949, p. 778), an Act ap proved February 1, 1955 (Ga. Laws 1955, p. 120), an Act approved March 27, 1958 (Ga. Laws 1958, p. 714), an Act approved February 29, 1960 (Ga. Laws 1960, p. 150), and an Act approved March 7, 1961 (Ga. Laws 1960, p. 288), is hereby amended by striking Subsection (b) of Section 3 defining "project" in its entirety and inserting in lieu thereof a new Subsection (b) to read as follows:
"(b) The word "project" shall be deemed to include wharves, docks, ships, piers, quays, elevators, compresses, refrigeration stor age plants, and warehouses, and may include buildings and facilities to be used in the manufacturing, processing, assembling, storing or handling of any agricultural or manufactured produce or products or produce and products of mining or industry, if the use and opera tion thereof, in the judgment of the Authority, will result in the increased use of port facilities, the development of the system of State docks, or, in connection therewith, promote the agricultural, in dustrial and natural resources of this State. Any project may include other structures and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of ap proaches thereto, and the construction of belt line railroads, railroad sidings, roads, highways, bridges, causeways, and approaches, neces sary or useful in connection therewith, and shipping facilities and 'transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases and air transportation terminals. There may be in-
TUESDAY, MARCH 12, 1963
1671
eluded as a part of any project any public utility facilities necessary or desirable to supply public utility services to other parts of such project or to the users of any of the facilities of the Authority, which public utility facilities may include, but without limitation, facilities for the supplying of electricity, gas and water and for the collection and disposal of storm and sanitary sewage. There may be included as part of any project all appurtenances, equipment and machinery of every kind and nature necessary or desirable for the full utilization of the project."
Section 2. Said Act is further amended by striking from Section 3
thereof all of Subsection (d) defining "self liquidating" project, and
inserting in lieu thereof a new Subsection (d) to read as follows:
"(d) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of constructing, maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. Any buildings or facilities acquired by the Authority hereunder which are to be utilized in the manufacturing, processing, assembl ing, storing or handling of any agricultural or manufactured produce or produce of mining or industry, which may be acquired by the Authority for operation by a corporation, entity or persons other than the Authority, as distinguished from facilities acquired by the Authority for operation by it as a port and allied facilities for the direct use of the public, shall be acquired and financed hereunder only if prior to the issuance of bonds therefor the Authority shall have entered into a lease or leases thereof or an agreement or agreements for the sale thereof pursuant to the terms of which the lessees or purchasers shall pay to the Authority such rentals or installment purchase payments, or both, as upon the basis of de terminations and findings to be made by the Authority, will be fully sufficient to pay principal of and interest on the bonds issued by the financing thereof, to build up and maintain any reserves deemed by the Authority to be advisable in connection therewith, and to pay the cost of maintaining the buildings and facilities in good repair and keeping them properly insured, unless the leases or agreements obligates the lessees or purchasers to pay for such in surance or maintenance. The Authority is given full power and dis cretion to enter into any such agreements or leases as may in its judgment be desirable for the best interests of the Authority. Any such agreement or lease may provide that any surplus capacity of the buildings or facilities which are the subject matter thereof may be utilized by and for the benefit of the general public, in which event such surplus capacity may be maintained or operated, or both, by either the Authority or by the lessee or purchaser under the lease or agreement, or in part by each, all as may be provided in the lease or agreement. Any project may include in part one or more build ings or facilities or combinations thereof to be leased or sold as provided in this paragraph and in part other facilities described in subsection (b) of this section, the revenues of the whole being al located and pledged to the financing of the project as a whole, and in such event the requirements of this paragraph applicable to buildings or facilities to be leased or sold, shall be applicable only to
1672
JOURNAL OF THE HOUSE,
the part of the project which consists of the buildings or facilities to be so leased or sold."
Section 3. Said Act is further amended by striking from Section 4 thereof establishing Authority powers, all of Subsection (5) and in serting in lieu thereof a new Subsection (5) to read as follows:
"(5) To make contracts, and to execute all instruments neces sary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, including the power to make such contracts and leases with the State, state institutions, departments and agencies of the state and rentals under leases with the State or any department, agency or institution of the State shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia."
Section 4. Said Act is further amended by striking from Section 5 authorizing the issuance of revenue bonds, the following: ", but in no event to exceed the total sum of twenty million dollars,".
Section 5. Said Act is further amended by striking Section 11 set ting out bondholder remedies, in its entirety and inserting in lieu there of a new Section 11 to read as follows:
"Section 11. Remedies. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolu tion or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust in denture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the tax ing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the State. Provided, how ever, any provision of this or any other Act to the contrary not withstanding, any such bondholder or trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the ap propriate public officials of the provision of Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations."
Section 6. Said Act is further amended by striking Section 16 concerning authorization and establishing validity of revenue bonds,
TUESDAY, MARCH 12, 1963
1673
in its entirety and inserting in lieu thereof a new Section 16 to read as follows:
"Section 16. Validation. Bonds of the authority shall be con firmed and validated in accordance with the procedure of the "Revenue Bond Law", as amended (Ga. Laws 1937, p. 761, as amended). Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Fulton Superior Court, which shall have exclusive original jurisdiction of such actions."
Section 7. 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:
The Committee on State of Republic moves to amend the Committee Substitute as follows:
; provided, however, no such building or facility may be constructed by the Authority unless the same be located on or in the environs of property now owned by the Authority, or hereafter acquired by the Authority, for port development purposes.
The Committee substitute was adopted, as amended.
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 roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair Blalock of Coweta
Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe Busbee Bynum Byrd Causby Chance Clarke of Monroe
Coker of Cherokee Coker of Turner Conger Conner Deen of Bacon Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd
1674
JOURNAL OF THE HOUSE,
Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Griffin Harrell Harrington Harris Henderson Hill House Houston Hull Hurst Isenberg Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Kirkland Knight of Laurens Laite Lee of Clinch Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Lowrey Matthews of Colquitt McCracken McDonald McKemie Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Overby Paris Parker Partridge Perry of Evans Peterson Phillips Pope Poss Reaves Rhodes Richardson
Roberts Roper Rowland Scarborough Sewell Shaw Shea Shuman Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Spikes Stalnaker Steis Story Tabb Teague Todd Towson Ware Warren Watson Watts Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Andrews Bedgood Bowen of Toombs Brackin Brooks of Fulton Brown Caldwell Carr Chandler Clark of Catoosa Crummey Cullens Davis Dean of Polk DeVane Dicus Duncan of Carroll Gibbons
Greene Groover Hale Hall Herndon Horton Johnson of Elbert Jones of Worth Kelly Knight of Berrien Lambert Lane Logan Lokey Mackay Matthews of Clarke McClelland McGarity
Meeks Melton Mullis Newton of Colquitt Pafford Payton Perry of Marion Pickard Ponsell Poole Rainey Raulerson Rodgers Russell Rutland Sangster Simmons Simpson
TUESDAY, MARCH 12, 1963
Singer Smith of Emanuel Smith of Whitfield Snow Stuckey Tucker of Catoosa
Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn
1675
Waldrop Walker Wells of Camden Wilkes Wilson of Cobb Mr. Speaker
On the passage of the Bill, by substitute, as amended, the yeas were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Underwood of Taylor stated that he was called from the Hall of the House to confer with constituents at the time the roll was called but had he been present he would have voted "aye" on HB 443.
HB 535. By Messrs. Towson of Laurens, Lambert of Morgan, McClelland of Fulton, White of Mclntosh, Richardson of Chatham, and others.
A Bill to be entitled an Act to amend an Act relating to Situs of Debt Due by Garnishee for the purpose of attachment to provide that the proceeds of insurance policies are not subject to garnishment unless the property insured is located in this State or the insured is a resident of this State; and for other purposes.
The following substitute offered by Mr. Towson of Laurens was read:
A BILL
TO BE ENTITLED
An Act to amend Code Section 8-502 relating to Situs of Debt Due by Garnishee for the purpose of attachment to provide that the proceeds of fire insurance policies are not subject to garnishment unless the property insured is located in this State or the insured is a resident of this State; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Code Section 8-502, relating to Situs of Debt Due by Garnishee be amended by adding thereto the following words:
"Provided, further, that the writ of attachment shall not be used to subject the proceeds of fire insurance policies unless the
1676
JOURNAL OF THE HOUSE,
property insured is located in this State or the insured is a resident of this State."
so that said Act when amended shall read as follows:
"8-502 (5095) Situs of Debt Due by Garnishee.--When a suit is brought by attachment against a non-resident of the State and the attachment is levied by service of summons of garnishment, the situs of any debt due by the garnishee to the defendant shall be at the residence of the garnishee in this State, and any sum due to the defendant in attachment shall be subject to said attachment: Pro vided, that the writ of attachment shall not be used to subject wages of persons who reside out of the state, and which have been earned wholly without the State. Provided, further, that the writ of attach ment shall not be used to subject the proceeds of fire insurance policies unless the property insured is located in this State or the insured is a resident of this State."
Section 2. BE IT FURTHER ENACTED that all laws or parts of laws in conflict herewith are hereby repealed.
The following amendment was read and adopted:
Mr. Jones of Worth moves to amend House Bill 53 to insert in the caption, following the words "insured is a resident of this State," the words "or the plaintiff is a resident of this State"; also to be added to Section 1 at the end of the quoted portion the words, "or the plaintiff is a resident of this State"; also at the end of Section 1 following the quoted portion the words, "or the plaintiff is a resident of this State."
The substitute was adopted, as amended.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ballard Blair Bowen of Randolph Busbee Bynum
Byrd Carr Chandler Conger Conner Deen of Bacon
Duncan of Fannin Funk Griffin Groover Hall Harrell
TUESDAY, MARCH 12, 1963
Harrington Henderson Herndon Hill House Jones of Worth Jones of Lumpkin Jordan of Calhoun Killian Kirkland Knight of Laurens Laite Lambert Lee of Dougherty Leonard Lewis Lindsey
Matthews of Clarke Matthews of Colquitt McDonald McKemie Meeks Moore Morgan of Gwinnett Murphy Nessmith Newton of Colquitt Pafford Perry of Evans Phillips Pickard Reaves Richardson Rowland
1677
Shea Simmons Sinclair Singer Smith of Telfair Spikes Story Towson Tucker of Burke Underwood of
Montgomery Ware Watson Wells of Peach Wells of Oconee White
Those voting in the negative were Messrs.:
Abney Acree Anderson Bagby Barber Baughman Bell Black Bowen of Dawson Brooks of Oglethorpe Caldwell Causby Clarke Coker of Cherokee Coker of Turner Cullens Dean of Polk DeVane Dixon Dorminy Echols Fleming Floyd Flynt
Fowler of Treutlen Fulford Gibbons Harris Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jordan of Floyd Keadle Knight of Berrien Lane Lee of Clayton Lokey Lowrey Mackay McGarity Milford Moate Morgan of Newton Newton of Jenkins Odom Paris
Partridge Peterson Pope Poss Rainey Roberts Scarborough Sewell Shuman Smith of Forsyth Smith of Habersham Snow Stalnaker Steis Tabb Twitty Walker Warren Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Andrews Arnsdorff Bedgood Blalock of Coweta Blalock of Clayton
Bolton Bowen of Toombs Brackin Branch Brantley
Brooks of Fulton Brown Chance Clarke of Monroe Clark of Catoosa
1678
JOURNAL OF THE HOUSE,
Crummey Davis Dicus Duncan of Carroll Etheridge Plournoy Fowler of Douglas Greene Hale Horton Hull Hurst Jones of Muscogee Kelly Keyton King Lee of Clinch Logan
McClelland McCracken Melton Milhollin Mitchell Mixon Mullis Overby Parker Payton Perry of Marion Ponsell Poole Raulerson Rhodes Rodgers Roper Russell
Rutland Sangster Shaw Simpson Smith of Emanuel Smith of Whitfield Stuckey Teague Todd Tucker of Burke Underwood of Taylor Vaughn Waldrop Watt Wells of Camden Wilkes Williams of Hall Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 67, nays 70.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Towson of Laurens 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 535.
HR 218-635. By Mr. Wilson of Brantley:
A Resolution to compensate Mr. Gabriel Strickland, 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:
TUESDAY, MARCH 12, 1963
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brown Busbee Bynum Byrd Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon DeVane Dixon Duncan of Pannin Fleming Flournoy Floyd Fowler of Douglas Fowler of Treutlen Fulford Gibbons Groover Harrell Harrington Harris Henderson Herndon
Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Killian Kirkland Knight of Laurens Laite Lee of Clinch Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Lokey Lowrey Mackay McGarity McKemie Meeks Milford Mitchell Mixon Moore Morgan of Newton
Murphy Nessmith Newton of Jenkins Odom Overby Paris Partridge Payton Perry of Marion Peterson
1679
Ponsell Poss Rainey Raulerson Reaves Richardson Roberts Rowland Russell Scarborough Sewell Shaw Shuman Simp son Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Teague Todd Twitty Underwood of Taylor Walker Ware Warren Watson Wells of Peach Wells of Oconee White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodard
Those voting in the negative were Messrs. Funk and Pope
Those not voting were Messrs.:
Acree Bagby
Bolton Bowen of Toombs
Brackin Branch
1680
JOURNAL OF THE HOUSE,
Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Causby Chandler Clark of Catoosa Coker of Cherokee Conger Crummey Cullens Davis Dicus Dorminy Duncan of Carroll Echols Etheridge Flynt Greene Griffin Hale Hall Hurst Jones of Liberty
Jones of Worth Jordan of Floyd Keyton King Knight of Berrien Lambert Lane Logan Matthews of Clarke Matthews of Coquitt McClelland McCracken McDonald Melton Milhollin Moate Morgan of Gwinnett Mullis Newton of Colquitt Pafford Parker Perry of Evans Phillips Pickard
Poole Rhodes Rodgers Roper Rutland Sangster Shea Simmons Smith of Emanuel Smith of Whitfield Stuckey Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Vaughn Waldrop Watts Wells of Camden Wilkes Mr. Speaker
On the adoption of the Resolution, the ayes were 128, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 397. By Mr. Killian of Glynn:
A Bill to be entitled an Act to amend an Act completely and exhaus tively revising, superseding and consolidating the laws relating to the State Game and Fish Commission: and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act comprehensively revising, superseding and consolidating the laws relating to the Game and Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 671), so as to remove rabbits from those animals that may be hunted at night; to clarify the procedure for night hunting; to change the penalty for violation; to provide the procedure for con demning property used in the hunting of deer at night; to provide a procedure in connection therewith, the service thereof, the disposition
TUESDAY, MARCH 12, 1963
1681
thereof, and to provide for the disposition of the proceeds of any sale thereunder; to provide an additional and supplemental definition of "hunting"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act comprehensively revising, superseding and consolidating the laws relating to the Game and Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, par ticularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 671), is hereby amended by striking Section 67 in its entirety and in lieu thereof inserting the following:
"Section 67. (a) There shall be no night hunting in this State except for raccoon, opossum, fox, mink and skunk, and these may not be hunted with lights commonly known as headlights or any other light attached to the head or any part of the body or any light attached to any firearm, implement or weapon that may be held or directed at an animal which allows the use of both hands to operate the implement or weapon and at the same time direct a beam of light in the general direction of the quarry. No such game may be hunted from a motor vehicle or boat. Any violation of any provision of this Section shall be a misdemeanor.
"(b) Each vehicle, boat, animal or firearm used in the hunting of deer at night is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the Director or his duly authorized agent within ten (10) days of the seizure. "Hunting," as used in this Section shall include in addition to the definition in Section 2 (c) of this Act, the transportation of a hunter to or from the place of hunting or the transportation of a carcass or any part thereof of a deer which has been unlawfully killed at night.
"(c) The Director, within twenty (20) days after the seizure of any vehicle, boat, animal or firearm used in the hunting of deer at night, shall institute proceedings by petition in the Superior Court of the county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property.
A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the con fiscation or seizure. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two (2) consecutive weeks in the newspaper in which Sheriff's advertisements of the county are published. Such publica tion shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judgment
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JOURNAL OF THE HOUSE,
by default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such property was so used and that such use was with the consent, express or implied, of the owner, the prop erty shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied:
"(1) To the payment of proper costs and expenses including expenses incurred in the seizure;
"(2) To the payment of the cost of the court and its officers;
"(3) To the payment of any cost incurred in the storage, advertisement, maintenance or care of such property; and
"(4) The remainder shall be paid into the State Treasury for deposit in the Game Protection Fund.
"(d) Where the owner or lessee of any property seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceeding cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee.
"(e) All proceedings against any vehicle, boat, animal or firearm, for the purpose of condemnation shall be proceedings in rem against the property seized, and the property shall be de scribed only in general terms, and it shall be no ground for defense that the person who had said property in possession at the time of its illegal use and seizure had not been convicted or acquitted of such violation. It is the intent and purpose of the procedure pro vided by this Act to provide a civil remedy for the seizure and sale of any property so used notwithstanding the conviction or acquittal of any person having possession or custody of the property at the time of its seizure. The conviction or acquittal of any such person shall not be admissible as evidence in any proceeding hereunder.
"(f) Any party at interest may appear, by answer under oath, and make defense; the owner, or lessee, or lienholder shall be per mitted to defend by showing that the property seized, if used illegally by another, was illegally used without the knowledge, con nivance or consent, express or implied, of such owner, lessee or lienholder. The holder of any bona fide lien on the property so seized shall be protected to the full extent of the lien.
"(g) The court to whom such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the vehicle seized, the court to deter mine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the Court. The enforcement of any bond so given shall be regulated by the general law applicable to such cases.
"(h) The court shall have full discretion and authority to per mit a settlement between the parties at any stage of the proceeding by permitting the value of the vehicle to be paid into court or the
TUESDAY, MARCH 12, 1963
1683
value of the equity therein, as determined by the court, which money when so paid in, shall be distributed as provided by law in all cases of condemnation."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendments were read and adopted:
Mr. Caldwell of Upson moves to amend the Committee Substitute to HB 397 as follows:
By striking the second sentence in Sec. "b" of Section 1 in its entirety.
Mr. Murphy of Haralson moves to amend the Committee Sub stitute to HB 397 as follows:
By adding the word "frogs" between the words "fox" and
"mink" in Section 67 (a) of Section 1 of said bill. Mr. Baughman of Early moves to amend HB 397 Committee Substi tute as follows:
By adding between the words "raccoon" and "opossum" the word "rabbits" in Section 67 (a) of Section 1 of said bill.
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 Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman
Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Brooks of Oglethorpe Brown
Busbee Bynum Byrd Caldwell Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee
1684
JOURNAL OF THE HOUSE,
Coker of Turner Conner Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Groover Hale Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian
Kirkland Knight of Berrien Laite Lambert Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Payton Perry of Marion Perry of Evans Peterson Pickard Ponsell Pope
Poss Rainey Reaves Richardson Roberts Rowland Russell Sangster Scarborough Sewell Shaw Shea Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Tucker of Catoosa Twitty Underwood of Taylor Waldrop Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs: Partridge, Rhodes, Walker, Wilson of Cobb and Woodward.
Those not voting were Messrs.:
Andrews Bedgood Blalock of Clayton Bowen of Toombs Brackin
Branch Brantley Brooks of Fulton Carr Chance
Conger Crummey Davis Dicus Flournoy
TUESDAY, MARCH 12, 1963
Floyd Flynt Griffin Hall Hull Johnson of Warren Jones of Liberty Keadle King Knight of Laurens Lane Lee of Clinch
Logan McClelland Moate Morgan of Newton Mullis Paff ord Phillips Poole Raulerson Rodgers Roper Rutland
1685
Simmons Smith of Telfair Smith of Emanuel Stuckey Teague Towson Tucker of Burke Underwood of
Montgomery Vaughn White Mr. Speaker
On the passage of the Bill, by substitute as amended, the ayes were 150, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 487. By Mr. Clarke of Monroe:
A Bill to be entitled an Act to amend an Act relating to entering and stealing from hut, railroad car, tent, booth or temporary building, so as to re-define the punishment for the offense; to add to the offense the breaking or forcibly opening any coin operated or vending machine; and for other purposes.
The following amendment was read and adopted:
Mr. Murphy of Haralson moves to amend HB 487 as follows: By striking the word "mercy" as it appears in Section 1 and
inserting in lieu thereof the words "punishment as for a misde meanor."
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:
1686
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Bagby Baughman Bedgood Blalock of Coweta Bolton Bowen of Dawson Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Causby Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Dean of Polk Deen of Bacon Dixon Dorminy Duncan of Carroll Etheridge Flournoy Floyd Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Groover Hall Harrell Harrington Harris Henderson Herndon Hill
Horton House Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Keadle Kelly Keyton Killian Knight of Berrien Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Colquitt McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Payton
Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Pope Raulerson Reaves Rhodes Richardson Roberts Rowland Russell Scarborough Sewell Shea Shuman Simpson Singer Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Twitty Underwood of Taylor Waldrop Walker Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Barber Blair
Bowen of Randolph
Rainey
TUESDAY, MARCH 12, 1963
Those not voting were Messrs.:
Arnsdorff Ballard Bell Black Blalock of Clayton Bowen of Toombs Brackin Branch Brooks of Pulton Caldwell Carr Chance Clark of Catoosa Conger Crummey Davis DeVane Dicus Duncan of Fannin Echols Fleming Flynt Fulford
Griffin Hale Houston Hull Jones of Liberty Jones of Lumpkin Jordan of Floyd Jordan of Calhoun King Kirkland Knight of Laurens Lane Logan Lokey Matthews of Clarke McClelland McDonald Moate Morgan of Gwinnett Mullis Overby Poole Poss
1687
Rodgers Roper Rutland Sangster Shaw Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Stuckey Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Vaughn Ware Warren Wells of Camden White Mr. Speaker
On the passage of the Bill, as amended, the ayes were 135, nays 4.
The Bill, having received the requisite constitutional majority, was passed as amended.
The Clerk of the House was directed to establish an Engrossed Copy of the following Bill of the House which was inadvertently lost in the Senate:
HB 68. By Mr. Ponsell of Ware:
A Bill to be entitled an Act to consolidate and abolish the offices of the Tax Collector and Tax Receiver of Ware County to create the office of the Tax Commissioner to fix his salary to provide for the administration and payment of expenses for the operation of the Commissioners office; and for other purposes.
Mr. Bolton of Spalding 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.
1688
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, March 13, 1963.
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 Reverend Jack Smith, Pastor of the Sylvania Methodist Church, Sylvania, Georgia.
The roll call was ordered and the following members answered to their names:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cheroke Coker of Turner Conger Conner Cullens Davis
Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth
Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Meeks Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith
WEDNESDAY, MARCH 13, 1963
1689
Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts
Rodgers Rowland Russell Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinipson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Stuckey Tabb
Teague Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Baughman Bolton Brooks of Fulton Crummey Hurst King Kirkland
Logan Melton Mitchell Mullis Perry of Marion Roper Rutland
Smith of Emanuel Smith of Whitfield Tucker of Burke White Wilkes Mr. Speaker
Mr. Clarke of Monroe, 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 Bill and Resolutions.
2. First reading and reference of House Bills and Resolutions.
1690
JOURNAL OF THE HOUSE,
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 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 the morning session, Wednesday, March 13, 1963 and submits the following:
HB
61. Disabled Veterans, parking
HR 57-130. Cherokee Indian Nation, develop
HR 86-157. Retirement systems, invest in home loan
HR 87-157. Home building industry, own insuring
HR 125-317. Compensate Lewis Moore
HB 364. Ex-Officio Office, compensation
HR 145-405. Convey property, Haralson County
HB 509. Fees for licensing motor vehicles
HB 422. Corporate stock, income taxation
HR 156-427. Compensate Marietta Transport Company
HR 181-516. Compensate Mrs. H. S. Swint
HR 184-535. Assess license fees, county authorities
HB 548. Collection agencies, define
HR 191-575. M. E. Thompson Marker, Jekyll Island
HR 192-579. Compensate Ralph Callenback
HR 196-583. Compensate Dan W. Forsyth
HB 622. Sale of firearms, regulate
HR 215-629. Convey property, Gordon County
HB 630. Detaching territory, municipality
HB 632. Traveling salesman, no tax or license
HR 216-632. Compensate George Hanna
WEDNESDAY, MARCH 13, 1963
1691
HB 650. Regulate fund raising
HB 670. Non-Tax paid alcoholic beverages, unlawful-municipality
SB
11. Close certain businesses on Sunday (postponed 3-13-63)
SR
14. Create Senate Committee on Economy
SB
41. Airport Act, landing fees
SB
63. Burning of property, penalty
SB
64. Insurance policy, false oath
SB
65. Fire Marshal, make arrests, carry weapons
SB
68. Relating to incorporation of banks
SB
69. Relating to Superintendent of Banks
SB
70. Real estate owned by banks
SB
71. Application for bank charters
SB
86. Georgia Industrial Loan Act, amend
SB 106. Pertaining to architects
SB 148. Jekyll Island-State Park Authority
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted, Richardson of Chatham, Secretary.
The following bill of the House was taken up for the purpose of considering a motion by Mr. Wilkes of Cook that the bill be taken from the table for the pur pose of recommitting to the Committee on Appropriations:
HB 601. By Messrs. Wilkes of Cook, Twitty of Mitchell and Groover of Bibb:
A Bill to be entitled an Act to fix the salary and expense allowances to be paid elected constitutional officers, and for other purposes.
The motion prevailed, and HB 601 was taken from the table for the purpose of considering a motion to recommit to the Committee on Appropriations.
Mr. Wilkes of Cook asked unanimous consent that HB 601 be recommitted to the Committee on Appropriations.
1692
JOURNAL OF THE HOUSE,
The consent was granted and HB 601 was recommitted to the Committee on Appropriations.
Mr. Keyton of Thomas asked unanimous consent that the House reconsider jts action in failing to pass the following Bill of the House:
HB 495. By Messrs. Keyton and Russell of Thomas, Reaves of Brooks, and others:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the State Supervisor of Purchases; and for other purposes.
The Consent was granted and the House reconsidered its action in failing to pass HB 495.
By unanimous consent, HB 495 was ordered to be placed on the Calendar fixed by the Rules Committee for March 13, 1963.
Mr. Etheridge of Fulton asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:
HB 127. By Mr. Etheridge of Fulton;
A Bill to be entitled an Act to make it unlawful to injure or interfere with the property of any company or political subdivision relative to any electrical system, gas system, or water system; and for other pur poses.
The consent was granted and the House reconsidered its action in failing to pass HB 495.
By unanimous consent, HB 127 was ordered to be placed on the Calendar fixed by the Rules Committee for March 13, 1963.
By unanimous consent, the Rules of the House were suspended in order to amend today's calendar established by the Committee on Rules so as to add the following Bill of the House thereto:
HB 576. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts in certain counties; and for other purposes.
WEDNESDAY, MARCH 13, 1963
1693
By unanimous consent, the folowing Resolutions of the House and Senate were withdrawn from the Committee on Rules and recommitted to the Committee on Special Judiciary:
SR 36. By Senator Johnson of the 42nd:
A Resolution creating a Public Pensions Study Commission; and for other purposes.
HR 203-595. By Messrs. House of Bibb, Dean of Polk, and others:
A Resolution creating an interim Legislative Committee relative to Defense and Veterans Affairs; and for other purposes.
By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee:
HB 689. By Mr. Ponsell of Ware:
A Bill to be entitled an Act to provide for clearance by quiet title pro ceedings of defects in real estate titles; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills of the House and Senate were read the second time:
HB 684. By Messrs. Cullens of Bartow, Bagby of Paulding, Knight of Berrien, Abney of Walker, Murphy of Haralson and Paris of Barrow: A Bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program of Education, so as to increase the minimum salaries which shall be paid to the drivers of school busses in all counties of this State; and for other purposes.
HB 685. By Mr. Smith of Whitfield: A Bill to be entitled an Act to amend an Act regulating professional fund raising, so as to redefine the exemption from registration for religious organisations; and for other purposes.
HB 686. By Mr. Dean of Polk: A Bill to be entitled an Act to amend an Act relating to punishment for violation of election laws, so as to change minimum limits for the solicitation of votes at polling places; and for other purposes.
1694
JOURNAL OF THE HOUSE,
HB 687. By Mr. Dean of Polk:
A Bill to be entitled an Act to create a State Election Board for the State of Georgia; and for other purposes.
HB 688. By Mr. Dean of Polk:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who are members of the Georgia Civil Defense; and for other purposes.
SB 130. By Senator Fuqua of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act author ing the chartering and empowering of corporations, and amending, re vising and perfecting the present corporation laws of the State;" to repeal Section 22-308 of the Code of Georgia of 1933; and for other purposes.
SB 146. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend Section 68-213 of the Code of Georgia, adopted March 24, 1933, so as to provide for the registration of manufacturers and dealers of motor vehicles; and for other purposes.
SB 147. By Senator Zorn of the 6th:
A Bill to be entitled an Act to amend an Act relating to the punishment of any person who shall desecrate the burial place of any human body; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 155-427. Do Pass. Respectfully submitted, Blalock of Coweta, Chairman.
WEDNESDAY, MARCH 13, 1963
1695
Mr. Murphy of Haralson County, Chairman of the Committee on Hygiene & Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene & Sanatation 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 641. Do Not Pass.
Respectfully submitted,
Murphy of Haralson,
Chairman.
Mr. Lee of Clayton County, Chairman of the Committee on Industrial Rela tions, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations 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 31. Do Pass, as Amended. Respectfully submitted, Lee of Clayton, Chairman.
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, sub mitted 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 680. Do Pass. HB 683. Do Pass. HR 234-669. Do Pass, as Amended.
Respectfully submitted, Hale of Dade, Chairman.
1696
JOURNAL OF THE HOUSE,
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, sub mitted 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 following1 recommendations:
HB 663. Do Pass. HB 664. Do Pass. HB 665. Do Pass. HB 667. Do Pass. HB 668. Do Pass. HB 669. Do Pass. HB 673. Do Pass. HB 674. Do Pass. HB 675. Do Pass. HB 676. Do Pass. HB 677. Do Pass. HB 678. Do Pass. HB 679. Do Pass. HB 681. Do Pass. HB 682. Do Pass, as Amended. HB 655 Do Pass. HB 653 Do Pass, as Amended. HB 656. Do Pass, as Amended. HB 654. Do Pass, as Substitute.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Williams of Hall 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
WEDNESDAY, MARCH 13, 1963
1697
Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 577. Do Not Pass. Respectfully submitted,
Williams of Hall, Chairman.
Mr. Williams of Hall 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 146. Do Pass. Respectfully submitted, Williams of Hall, Chairman.
Mr. Bolton of Spalding County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules 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:
SB 147. Do Pass. HR 224. Do Pass. HR 223. Do Pass. HR 208. Do Pass.
Respectfully submitted, Bolton of Spalding, Vice-Chairman.
Mr. Vaughn of Rockdale County, Viee-Chairman of the Committee on Special Judiciary, submitted the following report:
1698
JOURNAL OF THE HOUSE,
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 576. Do Pass.
Respectfully submitted,
Vaughn of Rockdale,
Vice-Chairman.
Mr. Vaughn of Rockdale County, Vice-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 Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 143. Do Not Pass.
HR 164-453. Do Not Pass.
HR 153. Do Not Pass.
HR 31-47. Do Not Pass.
HR
68. Do Not Pass.
SR
56. Do Not Pass.
SR
36. Do Not Pass.
HR 222. Do Not Pass.
HR 236-679. Do Not Pass.
HR 239. Do Not Pass.
HR 221. Do Not Pass.
HR 203-595. Do Not Pass.
Respectfully submitted,
Vaughn of Rockdale,
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:
WEDNESDAY, MARCH 13, 1963
1699
HR 228. By Mr. Dean of Polk:
A Resolution commending the Georgia Tech Basketball Team; and for other purposes.
HR 230. By Messrs. Smith of Habersham, Parker of Screven and others:
A Resolution expressing sympathy at the passing of Dr. C. S. Hubbard; and for other purposes.
HR 233. By Messrs. McClelland, Etheridge and Brooks of Fulton and others:
A Resolution proposing the designation of a "Ryder Cup Golf Matches Weeks"; and for other purposes.
HR 243. By Messrs. McClelland, Brooks and Etheridge of Fulton:
A Resolution expressing regrets at the passing of Hon. Roy M. (Mose) George; and for other purposes.
HB 191. By Mr. Mackay of DeKalb: A Bill to amend an Act relating to the receipt of stock certificates of bank stock, so as to provide methods of receipt; and for other purposes.
HB 193. By Messrs. Mackay and Harris of DeKalb: A Bill to amend an Act relating to the regulation of the banking in dustry, so as to provide for the relocation of the main office, bank office or bank facility within a city, town or village; and for other purposes.
HB 194. By Messrs. Mackay and Harris of DeKalb: A Bill to amend an Act relating to applications for amendments to bank charters, so as to change the vote of stock holders required to authorize a change in the location of the office of the bank; and for other purposes.
HB 210. By Mr. Wilkes of Cook: A Bill to provide that no construction contract shall be let by the State or any political subdivision thereof unless said contract contains a pro vision providing for the exclusive use of Georgia forest products; and for other purposes.
HB 446. By Messrs. Carr of Washington, Smith of Telfair and others: A Bill to amend an Act comprehensively revising and superseding the
1700
JOURNAL OF THE HOUSE,
laws relating to the Georgia Forestry Commission, so as to provide for the improvement of real estate held under a deed containing a re versionary clause; and for other purposes.
HB 170. By Messrs. Richardson, Shea and Funk of Chatham:
A Bill to amend the original Act creating the Municipal Court of Savannah, so as to increase the civil jurisdiction of said Court; and for other purposes.
HB 362. By Messrs. Tucker and Clark of Catoosa:
A Bill to repeal an Act providing for a clerical assistant to the Sheriff of Catoosa County; and for other purposes.
HB 396. By Messrs. Rutland, Mackay and Harris of DeKalb: A Bill to create and establish in DeKalb County, districts from which the members of the County Board of Education shall be elected; and for other purposes.
HB 470. By Messrs. Harris, Mackay and Rutland of DeKalb: A Bill to amend an Act to provide for the examination for qualified electricians in certain counties; and for other purposes.
HB 478. By Messrs. Matthews and Newton of Colquitt: A Bill to amend an Act to amend an Act creating a small claims court in certain counties, so as to prescribe qualifications for judges of said court; and for other purposes.
HB 514 By Mr. Moore of Polk: A Bill to abolish the office of county treasurer in counties having a population of not less than 25,250 and not more than 28,250; and for other purposes.
HB 519. By Mr. Twitty of Mitchell: A Bill to amend an Act to incorporate the City of Sale City; in the county of Mitchell; and for other purposes.
HB 520. By Mr. Dixon of Ware: A Bill to create a Board of Commissioners of Roads and Revenues of Ware County; and for other purposes.
WEDNESDAY, MARCH 13, 1963
1701
HB 521. By Mr. Jones of Lumpkin:
A Bill to amend an Act consolidating the Office of Tax Receiver and Tax Collector of Lumpkin County into one office of Tax Commissioner; and for other purposes.
HB 522. By Mr. Jones of Lumpkin:
A Bill to repeal an Act entitled "An Act to provide for the eligibility of members of the County Board of Education of Lumpkin County," and for other purposes.
HB 524. By Mr. Ployd of Chattooga:
A Bill to amend an Act incorporating the Town of Menlo, so as to change the name to the City of Menlo; and for other purposes.
HB 526. By Mr. Clark of Catoosa:
A Bill to amend an Act creating a Board of Utilities Commissioners for Catoosa County; and for other purposes.
HB 531. By Mr. Tucker of Burke:
A Bill to amend an Act to provide a maximum salary for the Coroner of Burke County; and for other purposes.
HB 532. By Mr. Bowen of Randolph:
A Bill to amend an Act incorporating the Town of Shellman in Randolph County, so as to change the millage rate limit upon all property subject to levy by the Mayor and City Councilmen; and for other purposes.
HB 534. By Messrs. Pickard, Dicus and Jones of Muscogee:
A Bill to authorize the City of Columbus and Muscogee County to ap propriate and pay into the Health Fund of the County Board of Health all or any part of said budget as to the Commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County is deemed mete and proper; and for other purposes.
HB 536. By Mr. Parker of Screven:
A Bill to amend an Act incorporating and granting a new Charter to the City of Sylvania; and for other purposes.
1702
JOURNAL OF THE HOUSE,
HB 537. By Mr. Overby of Hall:
A Bill to amend an Act providing for the appointment and salary of a Judge and Solicitor for the City Court of Hall County; and for other purposes.
HB 538. By Messrs. Overby and Williams of Hall:
A Bill to amend the charter of the Town of Clermont; and for other purposes.
HB 539. By Mr. White of Mclntosh:
A Bill to amend an Act relating to the compensation of the Ordinary of Mclntosh County; and for other purposes.
HB 540. By Mr. Singer of Stewart:
A Bill to amend an Act creating the office of Commissioner of Eoads and Revenues of the County of Stewart; and for other purposes.
HB 543. By Mr. Stuckey of Dodge:
A Bill to amend an Act creating the Office of Tax Commissioner of Dodge County, so as to change the allowable compensation of the Clerk of the Tax Commissioners; and for other purposes.
HB 544. By Mr. Stuckey of Dodge:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in Dodge County, so as to change the allowable com pensation of the Clerk of the Commissioner of Roads and Revenues; and for other purposes.
HB 545. By Mr. Stuckey of Dodge:
A Bill to amend an Act placing the Ordinary of Dodge County on a salary basis, so as to change the allowable compensation of the Clerk to the Ordinary; and for other purposes.
HB 546. By Mr. Stuckey of Dodge:
A Bill to amend an Act to change from the fee system to the salary system in the County of Dodge, the Sheriff and the Clerk of Superior Court, so as to change the total compensation to be paid an Additional Deputy Sheriff, the Deputy Clerk and to assistant or assistants in the office of the Clerk; and for other purposes.
WEDNESDAY, MARCH 13, 1963
1703
HB 549. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to amend an Act creating and establishing the Civil and Criminal Court of DeKalb County, so as to provide for the salaries of the Judges, Solicitor, Clerk and Marshal, and for other purposes.
HB 517. By Messrs. Ware of Troup, Conner of Jeff Davis and others: A Bill to amend an Act pertaining to the salaries of the Chairman and members of the Public Service Commission, so as to provide a salary of $19,600 per annum, in lieu of a salary of $16,000 per annum; and for other purposes.
HB 550. By Messrs. Harris, Rutland and Mackay of DeKalb: A Bill to provide for a charter for the City of North Atlanta, in the County of DeKalb; and for other purposes.
HB 551. By Messrs. Duncan and Waldrop of Carroll: A Bill to create the Carrollton Payroll Development Authority, and for other purposes.
HB 552. By Messrs. Waldrop and Duncan of Carroll: A Bill to create the Mt. Zion, Turkey Creek and Flint Corner Develop ment Authority, and for other purposes.
HB 553. By Messrs. Lee and Blalock of Clayton: A Bill to amend an Act incorporating the City of Riverdale, so as to provide and define wards; and for other purposes.
HB 554. By Messrs. Wilson, Teague and Plournoy of Cobb: A Bill to amend an Act providing a new charter for the City of Marietta, pertaining to the Marietta Board of Education, so as to change the corporate limits of said City; and for other purposes.
HB 558. By Messrs. Killian and Isenberg of Glynn:
A Bill to provide for the appointment and terms of office of members of the Brunswick and Glynn County Development Authority; and for other purposes.
1704
JOURNAL OF THE HOUSE,
HB 560. By Mr. Anderson of Pulaski:
A Bill to amend an Act creating a new charter for the City of Hawkinsville relating to the Board of Commissioners; and for other purposes.
HB 566. By Messrs. Isenberg and Killian of Glynn:
A Bill to amend an Act incorporating the City of Brunswick, so as to provide that the Commissioner at Large elected shall be designated as Mayor; and for other purposes.
HB 571. By Mr. Lambert of Morgan:
A Bill to create the Morgan County Development Authority; to provide the powers, authority, funds, purposes connected therewith; and for other purposes.
HB 574. By Messrs. Caldwell and Echols of Upson:
A Bill creating and establishing a Small Claims Court in counties hav ing a population of not less than 23,500 and not more than 24,100; and for other purposes.
HB 575. By Mr. Black of Webster:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Webster, so as to change the compen sation and traveling expenses for the Sheriff; and for other purposes.
HB 579. By Messrs. Towson and Knight of Laurens:
A Bill to amend an Act incorporating the Town of Dudley, so as to extend the City limits; and for other purposes.
HB 580. By Messrs. Lee and Blalock of Clayton:
A Bill to create a Court to be known as the "Civil and Criminal Court of Clayton County"; to provide for election, qualification, oath, duties, powers and terms of the Judge and Solicitor; and for other purposes.
HB 582. By Mr. Bowen of Dawson:
A Bill to amend an Act creating the office of County Tax Commissioner of Dawson County; and for other purposes.
WEDNESDAY, MARCH 13, 1963
1705
HB 583. By Mr. Bowen of Dawson:
A Bill to amend an Act creating the office of Commissioner of Roads and Revenues of the County of Dawson; and for other purposes.
HB 584. By Mr. Bell of Richmond:
A Bill to amend an Act to change from the fee to the salary system in counties having a population of 135,000, so as to change the com pensation of the Clerk, Sheriff, and other officers; and for other pur poses.
HB 586. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to amend an Act to establish the City Court of Richmond County; and for other purposes.
HB 587. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to provide for the appointment of an assistant solicitor-general, an investigator and three stenographer-clerks in the office of the Solici tor-General in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.
HB 588. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to provide for the appointment of an assistant solicitor of the city court of all counties having a population between 135,000 and 140,000; and for other purposes.
HB 591. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to amend an Act relating to coroner's fees, in certain counties; and for other purposes.
HB 592. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to provide for the appointment of a Clerk for the office of the Solicitor of the City Court in counties having a population of not less than 135,000 and not more than 140,000; and for other purposes.
HB 593. By Messrs. Fleming, Bell and Hull of Richmond:
A Bill to amend an Act to establish the City Court of Richmond County; to provide for appointment of a Judge and Solicitor; and for other pur poses.
1706
JOURNAL OF THE HOUSE,
HB 598. By Mr. Coker of Turner:
A Bill to further define and prescribe the purposes, powers and duties of the Turner County Development Authority; and for other purposes.
HB 88. By Messrs. Pickard of Muscogee, Walker of Lowndes and others:
A Bill to provide certain minimum standards prerequisite to the original incorporation of a municipality; and for other purposes.
HB 176. By Mr. Fowler of Douglas:
A Bill to amend an Act relating to dental hygienists so as to provide that fees paid to the Board of Dental Examiners shall not be refund able; and for other purposes.
HB 184. By Messrs. Mitchell and Smith of Whitfield:
A Bill to amend an Act establishing an Employee's Retirement System, so as to change the number of times a current member may have pre viously withdrawn his contributions and still re-establish membership; and for other purposes.
HB 202. By Messrs. Lane of Bulloch, Paris of Barrow and others:
A Bill to create a Georgia Recreation Commission; and for other pur poses.
HB 205. By Mr. Shea of Chatham:
A Bill to provide that counties, municipalities, county boards of educa tion, and other political subdivisions of the State which are authorized to levy taxes shall have the power to issue notes of indebtedness; and for other purposes.
HB 419. By Messrs. Groover, House and Laite of Bibb:
A Bill to create the Middle Georgia Coliseum Authority; and for other purposes.
HB 555. By Messrs. Andrews of Stephens, Bynum of Rabun and others:
A Bill to authorize special agents and enforcement officers of the Revenue Department, in the enforcement of the liquor wine and beer laws of this State, to bear arms, make arrests, execute warrants for arrest, investigate and execute search warrants, and seize and hold articles of contraband; and for other purposes.
WEDNESDAY, MARCH 13, 1963
1707
HB 530. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act so as to provide for the appointment of two Deputy State Revenue Commissioners; to provide for the offices of Deputy State Revenue Commissioner; and for other purposes.
HB 177. By Messsr. Smith of Grady, Rutland of DeKalb and others: A Bill to amend an Act providing for grants to certain incorporated municipalities, so as to provide for the purposes for which grants may be made; and for other purposes.
HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta and others: A Bill to establish and constitute the Study Commission on Industrial Loan Business; and for other purposes.
HB 437. By Mr. Scarborough of Crawford: A Bill to place the Clerk of the Superior Court of Crawford on a salary in lieu of the fee system of compensation; and for other purposes.
HB 461. By Mr. Warren of Wayne: A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Wayne County; and for other purposes.
HB 467. By Mr. Rhodes of Baker: A Bill to place the Clerks of the Superior Court and the Ordinaries of certain counties on a salary in lieu of the fee system of compensation; and for other purposes.
HB 468. By Mr. Rhodes of Baker: A Bill to repeal an Act to provide for compensation of persons holding office of tax collector in certain counties; and for other purposes.
HB 585. By Messrs. Bell, Hull and Fleming of Richmond:
A Bill to amend an Act to abolish justice courts and establish a Mu nicipal Court for the City of Augusta; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
1708
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to-wit:
SB 122. By Senators Maclntyre of the 40th, Brewer of the 39th and others:
A Bill to amend an Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. Laws 1950, p. 2178), as amended, so as to change the corporate limits of said City; and for other purposes.
SB 158. By Senators Hunt of the 26th and Phillips of the 27th:
A Bill to amend the charter of the City of Macon contained in an Act approved Aug. 3, 1927 (Ga. Laws 1927, p. 1283), as heretofore amended, changed or re-enacted, by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments of said City; to repeal conflicting laws; and for other purposes.
SB 159. By Senator Miller of the 50th:
A Bill to amend an Act reincorporating the Town of Young Harris as the City of Young Harris approved March 17, 1960 (Ga. Laws 1960, p. 2523), so as to change the number of council members; and for other purposes.
SB 143. By Senator Hunt of the 26th:
A Bill to provide that a fallout shelter be included in future construction of public buildings; and for other purposes.
SR 91. By Senators Brown of the 34th, Maclntyre of the 40th and others: A Resolution providing for a commission to study primary, general and special elections held in Fulton County, Georgia, for the nomination and election of public officials.
SB 164. By Senators Gillis of the 20th and Pannell of the 54th: A Bill to amend an Act establishing a retirement system for school teachers approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to change the minimum floor for teachers who retired prior to July 1, 1961; to repeal conflicting laws; and for other purposes.
SR 86. By Senator Spinks of the 9th: A Resolution proposing an amendment to the Constitution, so as to pro-
WEDNESDAY, MARCH 13, 1963
1709
vide for the filling of the office of Governor and Lieutenant Governor; to provide for succession to the office of the Governor, in the event the Governor-Elect dies; and for other purposes.
SB 99. By Senators Johnson of the 42nd, Pannell of the 54th and others:
A Bill to relate to the criminal responsibility of children; to amend certain code sections pertaining thereto; to repeal conflicting laws; and for other purposes.
SB 155. By Senator Coggin of the 35th:
A Bill to provide for records to be kept by the Secretary of State in regard to the incorporation of municipalities, date of incorporation thereof and changes in the boundaries thereof; and for other purposes.
The Senate has agreed to the report of the Committee of Conference on the following Bill of the House:
HB 132. By Messrs. Matthews of Clarke, Killian of Glynn and others:
A Bill to amend an Act relating to obscene pictures and abusive and vulgar language, so as to provide that any person who shall sell, exhibit, give away, have possession of, advertise for sale, manufacture, print or circulate obscene publications shall be guilty of a felony; 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 48. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriation for the operation of the State Government; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate, Senators Pannell of the 54th, Carlton of the 21st and Gillis of the 20th.
The Senate has agreed to the report of the Committee of Conference on the following Resolution of the Senate:
1710
JOURNAL OP THE HOUSE,
SR 9. By Senators Pannell of the 54th, Jackson of the 16th and others:
A Resolution creating the "Governor's Commission for Efficiency and Improvement in Government", to provide for the appointment of mem bers thereof; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
The Senate has agreed to the Report of the Committee of Conference on the following Bills of the Senate:
SB 12. By Senator Pannell of the 54th, Jackson of the 16th and others:
A Bill to create the North Georgia Mountains Authority as a body corporate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its members; and for other purposes.
SB 98. By Senator Fuqua of the 22nd:
A Bill to amend Code Title 109A, known as the "Uniform Commercial Code", so as to define a public sale; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 80. By Senators Lee of the 47th, Broun of the 46th and others: A Bill to amend Code Chapter 84-11 relating to the practice of Optotnetry, as amended, so as to clarify the authority of the Georgia State Board of Examiners in Optometry; and for other purposes.
By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 655. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Hoschton, so as to remove certain property from 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.
WEDNESDAY, MARCH 13, 1963
1711
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 680. By Messrs. McClelland and Etheridge of Fulton:
A Bill to be entitled an Act to amend an Act which provides for the retirement and payment of pensions to the Judges and Solicitor General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 683. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, so as to delete the provision excepting businesses subject to regulation by the State Public Service Commission from the assessment of license fees, charges or taxes on such businesses; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 456. By Messrs. Smith and Mitchell of Whitfield:
A Bill to be entitled an Act to amend an Act authorizing the Ordinary or anyone performing the duties of the Ordinary to use photostatic
1712
JOURNAL OF THE HOUSE,
equipment in recording documents, so as to require that photostatic recording equipment be installed 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 663. By Mr. Reaves of Brooks:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Brooks County relating to the compensation of the Clerk; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 664. By Mr. Snow of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville; to authorize the mayor and council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value of all property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, MARCH 13, 1963
1713
HB 665. By Mr. Snow of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville, so as to authorize the Mayor and Council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 667. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act to establish a Board of Commissioners for Bibb 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 668. By Messrs. Groover, Laite and House of Bibb:
A Bill to be entitled an Act to amend an Act codifying all former Acts relating to and dealing with the Municipal Court of the City of Macon, so as to establish and create in lieu thereof a Civil Court of Bibb 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1714
JOURNAL OF THE HOUSE,
HB 669. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act known as the Urban Redevelopment Law in counties having a population of 250,000 and not more than 500,000, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 673. By Mr. Byrd of Walton: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton County, so as to provide that the Board may employ persons to conduct a tax equaliza tion program for Walton 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 674. By Mr. Mixon of Irwin:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Irwin 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, MARCH 13, 1963
1715
HB 675. By Messrs. House, Groover and Laite of Bibb:
A Bill to be entitled an Act directing the City of Macon to close, vacate, abandon and discontinue the use of a portion of the Old City Cemetery, located in and adjacent to Square 35, Old City, in the City of Macon, for cemetery purposes, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 676. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 677. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act to amend the charter of the City of Valdosta, 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 678. By Messrs. Walker and Gibbons of Lowndes:
A Bill to be entitled an Act establishing a system of public schools in the City of Valdosta, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 679. By Mr. Roper of Greene:
A Bill to be entitled an Act to create the Greene County 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 681. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Bill to be entitled an Act to authorize the solicitor-general of the Superior Court in certain counties to appoint certain investigators; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, MARCH 13, 1963
1717
HB 682. By Messrs. Ballard and Morgan of Newton:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Newton County; and for other purposes.
The following Committee amendment was read arid adopted:
The Committee on Local Affairs moves to amend HB 682 as follows:
"By striking the figure '$7,500.00 from Section 6 and inserting in lieu thereof the figure '$9,000.00."
"By striking the following language from Section 17 to-wit: 'March 20, 1963' and inserting in lieu thereof the following, to-wit: 'May 15, 1963'."
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended
HB 654. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act incorporating the City of Commerce; and for other purposes.
The following Committee substitute was read and adopted:
An Act to amend an Act incorporating the City of Commerce in the County of Jackson, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, so as to remove the provision relating to the taxation of corporation; to provide for a referendum under certain circumstances; to provide for the procedure of exercising the power of eminent domain; 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 in the County of Jackson, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, is hereby amended by striking Section 85, relating to tax ation of corporation in its entirety.
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JOURNAL OF THE HOUSE,
Section 2. Said Act is further amended by striking Section 54 in its entirety and inserting in lieu thereof a new Section 54 to read as follows:
"Section 54. When it is necessary for the City to exercise the power of eminent domain, the same shall be exercised under the provisions o.f Georgia Code Title 36, as amended."
Section 3. The provisions of Section 1 of this Act striking Section 85 of the Charter of the City of Commerce, shall become of full force and effect except as hereinafter provided. In order to prevent such Section from becoming effective, a petition signed by at least twenty (20%) per cent of the registered voters of the City of Commerce must be presented, on or before May 1, 1963, to the City Council petitioning for an election to be held to determine whether Section 85 shall remain in full force and effect. If such petition is not presented by said date, Section 85 shall no longer be of force and effect. If such petition is presented by such date and the City Council determines that such petition is valid, the Council shall provide for a referendum election to be held within 45 days after the date such petition is presented for the purpose of determining whether Section 85 shall remain effective. At such election the majority of the registered voters of the City of Com merce must vote or else Section 85 shall no longer be in effect. In addi tion, a majority of those persons voting must vote in favor of retaining Section 85 or it shall no longer be in force or effect. The City Council shall call the election and conduct the election and declare the results thereof. The results shall also be certified to the Secretary of State.
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 653. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, relating to the Commissioners salary; and for other purposes.
The following Committee amendment was read and adopted: The Committee moves to amend House Bill No. 653 by adding a new
WEDNESDAY, MARCH 13, 1963
1719
sentence after the period in the third line of the third paragraph of Section 8 to read as follows:
"Provided however before this increase shall be paid in any month the duties provided for in Section 2A of this Act as amended shall have been performed."
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 656. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Jackson, relating to the distribution of U. S. Department of Agriculture surplus commodities; and for other purposes.
The following Committee amendment was read and adopted:
The Committee amends House Bill 656 by striking the word "pro vide" and "the comma" which follows the said word in line three of Section 2A.
The Committee further amends Section 2A by adding the following at the end of Section 2A, beginning with a new sentence after the period which follows the word "eligible":
"Such manpower that is already within the control of and/or is already employed by the Commissioners of Roads and Revenues may be used for the distribution of the surplus commodities so as not to incur additional and/or unnecessary expense to the County.
"Such facilities as are under the control of the Commissioners of Roads and Revenues may also be used in the distribution of the surplus commodities so as not to incur additional and/or unneces sary expense to the County.
"Provided however in the event two successive Grand Juries determine that the distribution of such commodities is no longer necessary, the Board shall no longer be required to perform such duty, but the Board shall not be prevented from doing so if in the distribution of such commodities is still necessary to the welfare of Jackson County.
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JOURNAL OP THE HOUSE,
"One determining factor to be used by the Grand Jury as to whether such distribution is any longer necessary shall be the appar ent needs of Jackson County citizens who may otherwise qualify to receive the commodities and whether or not such distribution is necessary to the welfare of Jackson County."
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HE 234-669. By Messrs. Mackay, Harris and Rutland of DeKalb:
A Resolution to create for the citizens of DeKalb County a Commission to study public safety; and for other purposes.
The following Committee amendment was read and adopted:
The Local Affairs Committee moves to amend HR 234-669 by insert ing in Section 1 the following names:
"Cicero Johnston (Mayor) Alton Roberts, Jr. Clark Harrison, Jr. O. E. Myers, Sr. John S. Thibadeau Gilbert C. McLemore Eugene T. Branch James B. Hiers, Jr. Arthur Bishop Mrs. Paul G. Mayer"
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 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
WEDNESDAY, MARCH 13, 1963
1721
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 Wesberry of the 37th, Brown of the 34th, Maclntyre of the 40th, and others:
A Resolution providing for a Commission to study primary, general and special election held in Fulton County, Georgia, for the nomination and election of public officials; and for other purposes.
Referred to the Committee on Local Affairs.
SB 122. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th, and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, as amended, so as to change the corporate limits of said City; and for other purposes. Referred to the Committee on Local Affairs.
SB 143. By Senator Hunt of the 26th: A Bill to be entitled an Act to provide that a fallout shelter be included in future construction of public buildings; and for other purposes.
Referred to the Committee on Judiciary.
SB 158. By Senators Hunt of the 26th and Phillips of the 27th:
A Bill to be entitled an Act to amend the charter of the City of Macon, by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments of said city; and for other purposes.
Referred to the Committee on Local Affairs.
SB 159. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Young Harris as the City of Young Harris, so as to change the number of council members; and for other purposes.
Referred to the Committee on Local Affairs.
SB 164. By Senators Gillis of the 20th and Pannell of the 54th: A Bill to be entitled an Act to amend an Act establishing a retirement
1722
JOURNAL OP THE HOUSE,
system for school teachers, so as to change the minimum floor for teach ers who retired prior to July 1, 1961; and for other purposes.
Referred to the Committee on Appropriations.
SR 86. By Senator Spinks of the 9th:
A Resolution proposing an amendment to the Constitution so as to provide for the filling of the office of Governor and Lieutenant Governor; to provide for succession to the office of the Governor, in the event the Governor-Elect dies; and for other purposes.
Referred to the Committee on Rules.
SB 99. By Senators Johnson of the 42nd, Pannell of the 54th and Jackson of the 16th:
A Bill to be entitled an Act relating the criminal responsibility of children; and for other purposes.
Referred to the Committee on Judiciary.
SB 155. By Senator Coggin of the 35th:
A Bill to be entitled an Act to provide for records to be kept by the Sect, of State in regard to the incorporation of municipalities, date of incorporation thereof and changes in the boundaries thereof; and for other purposes.
Referred to the Committee on Judiciary.
Under the General Order of Business established by the Committee on Rules, the following' Bill of the Senate was again taken up for con sideration and read:
SB 11. By Senator Jackson of the 16th:
A Bill to be entitled an Act to provide for the mandatory closing of certain commercial business establishments on Sunday; and for other purposes.
WEDNESDAY, MARCH 13, 1963
1723
The following Committee substitute was read:
A BILL
To be entitled an Act to prohibit certain business activities on Sunday; to provide penalties and other remedies for violations of the same and to limit the time within which an arrest for or warrant charg ing violation of this Act shall be made or issued.
SECTION 1
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, that it shall be unlawful for any person, firm, or corporation to engage on Sunday in the business of selling, or to sell or offer for sale, on such day, at retail, clothing and wearing apparel, clothing accessories, furniture, housewares, groceries, home, business or office furnishings, household, business or office appliances, hardware, tools, paints, building and lumber supply materials, jewelry, silverware, watches, clocks, luggage, musical instruments, recordings, toys (excluding novelties and souvenirs) or motor vehicles. Each sepa rate sale or offer to sell shall constitute a separate offense.
SECTION 2
BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, that this Act shall not apply to a business whose major dollar volume is from the sale of food, drugs, or items of personal hygiene or tobacco products and which does not have a square footage area in excess of 4000 square feet.
SECTION 3
BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, that any person found guilty of violat ing the foregoing section shall be guilty of a misdemeanor and shall, upon conviction thereof for the first offense, be sentenced to pay a fine of not exceeding one hundred dollars ($100.00) and for the second or any subsequent offense committed within one year after conviction for the first offense, be sentenced to pay a fine of not exceeding two hundred dollars ($200.00) or undergo imprisonment not exceeding thirty days in default thereof. Any arrest for or warrant charging violations of this section shall be made or issued within seventy-two hours after the com mission of the alleged offense and not thereafter.
SECTION 4
BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, that any County may exclude said County from the operation of this Act provided a majority of the voters voting in an election called for that purpose shall vote to exclude said County from the operation hereof. Said election may be called by the governing authority of said county and in such event shall be held not
1724
JOURNAL OF THE HOUSE,
more than 60 days, nor less than 30 days, after the issuance of such call. Said election shall be held by the Ordinary of said County as other special elections. Election may not be called for such purpose more fre
quently than every two years.
SECTION 5
BE IT FURTHER ENACTED, that if any part of this Act shall be held unconstitutional such unconstitutionally shall not affect the re mainder of this Act.
SECTION 6
BE IT FURTHER ENACTED, that this Act shall take effect from and after its passage, the public welfare requiring it.
Mr. Raulerson of Echols moved that SB 11 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 Acree Anderson Andrews Bagby Barber Baughman Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brown Bynum Caldwell Causby Chance Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk DeVane Dorminy Duncan of Fannin
Duncan of Carroll Echols Flynt Fowler of Treutlen Fulford Groover Hale Hall Herndon House Houston Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Floyd Keadle Kelly Laite Lane Lee of Clinch Leonard Lindsey Meeks Milford Mixon
Moore Morgan of Gwinnett Odum Pafford Partridge Payton Perry of Evans Phillips Pope Raulerson Reaves Richardson Roberts Roper Russell Scarborough Sewell Shea Shuman Simpson Smith of Forsyth Smith of Habersham Spikes Story Tucker of Burke Underwood of
Montgomery
WEDNESDAY, MARCH 13, 1963
1725
Underwood of Taylor Vaughn Watson
Watt Wells of Camden Wilson of Brantley
Woodward
Those voting in the negative were Messrs.:
Ballard Bell Blalock of Clayton Byrd Conger Dicus Dixon Etheridge Fleming Flournoy Gibbons Griffin Harrell Harrington Harris Henderson Hill Hull
Hurst Isenberg Jones of Muscogee Keyton Killian King Kirkland Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald Morgan of Newton
Nessmith Overby Paris Perry of Marion Peterson Pickard Rainey Rowland Rutland Sangster Shaw Steis Teague Todd Towson Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs.:
Alien Arnsdorff Bedgood Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Busbee Carr Chandler Clark of Catoosa Clarke of Monroe Conner Crummey Deen of Bacon Floyd Fowler of Douglas Funk Greene Horton Jordan of Calhoun
Knight of Laurens Knight of Berrien Lambert Logan McCracken McGarity McKemie Melton Milhollin Mitchell Moate Mullis Murphy Newton of Jenkins Newton of Colquitt Parker Ponsell Poole Poss Rhodes Rodgers Simmons
Sinclair Singer Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Stalnaker Stuckey Tabb Tucker of Catoosa Twitty Waldrop Walker Ware Warren Wells of Peach Wells of Oconee White Wilkes Mr. Speaker
On the motion to table, the ayes were 87, nays 54.
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JOURNAL OP THE HOUSE,
The motion prevailed and SB 11 was placed on the table.
Mr. Lewis of Wilkinson reported that his button was not working when the vote was taken, and requested that he be recorded as having voted "nay" on the motion to table SB 11.
Mr. Horton of Putnam was in the hall conferring with constituents at the time the vote was taken, and requested that he be recorded as having voted "aye" on the motion to table SB 11.
The following bill of the House was taken up for the purpose of considering a motion by Mr. Groover of Bibb that the bill be taken from the table for the purpose of recommitting it to the Committee on Industry:
SB 11. By Senator Jackson of the 16th:
A Bill to be entitled an Act to provide for the mandatory closing of certain commercial business establishments on Sunday, and for other purposes.
The motion prevailed, and SB 11 was taken from the table for the purpose of considering a motion to recommit to the Committee on Industry.
Mr. Groover of Bibb asked unanimous consent that SB 11 be recommitted to the Committee on Appropriations.
The consent was granted and SB 11 was recommitted to the Committee on Industry.
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 422. By Mr. Mackay of DeKalb:
A Bill to be entitled an Act to amend the Code so as to provide that certain distributions of corporate stock shall not be deemed a dividend for income tax purposes; and for other purposes.
The following committee amendment was read and adopted:
WEDNESDAY, MARCH 13, 1963
1727
The Ways and Means Committee moves to amend House Bill No. 422, as follows:
By striking from Section 1 (k) the following language: "exempt from tax under Section 92-3109 (i) or under any other section."
and inserting in lieu thereof the following lauguage:
"defined in Section 92, 3109 (i) or exempt from tax or allowed as a deduction from gross income under any other section."
so that when so amended Section 1 (k) shall read as follows:
"(k) Notwithstanding Code Section 92-3002 (o), a distribution of corporate stock qualifying under Section 1111 of the Federal Internal Revenue Code of 1954 as in effect on the date of passage hereof shall not be deemed a 'dividend' as that term is defined in Code Section 92-3002 (o), but the fair market value of such dis tributed stock shall be applied against and reduce the adjusted basis of the stock with respect to which the distribution was made (but not below zero) and, to the extent that such value exceeds such basis, the excess shall be treated as capital gain; provided, however, that this subsection shall not be applicable to distributions defined in Section 92-3109 (i) or exempt from tax or allowed as a deduction from gross income under any other section."
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 Acree Arnsdorff Ballard Barber Bedgood Bell Blair Blalock of Coweta
Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs
Brackin Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby
Chance Coker ofCherokee Coker of Turner Cullens Davis
Dicus Dixon Duncan of Fannin Echols Etheridge Fleming Flynt Fowler of Douglas Fowler of Treutlen
Funk Gibbons Greene Groover Hall
1728
JOURNAL OF THE HOUSE,
Harrington Harris Henderson Herndon Hill Horton Hull Hurst Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Laite Lee of Clinch Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay
Matthews of Clarke Matthews of Colquitt McClelland McDonald McKemie Milhollin Moore Morgan of Giwnnett Morgan of Newton Murphy Nessmith Newton of Colquitt Pafford Paris Partridge Perry of Marion Perry of Evans Poole Pope Raulerson Reaves Richardson Roberts Roper Rowland Russell Sewell Shaw
Shea Shuman Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Spikes Steis Story Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Ware Warren Watt Wells of Peach Wells of Oconee Wells of Camden Woodward
Those voting in the negative were Messrs.:
Alien Deen of Bacon House
Leonard Milford Mixon
Scarborough Watson
Those not voting were Messrs.:
Anderson Andrews Bagby Baughman Black Branch Brantley Brooks of Fulton Chandler Clark of Catoosa Clarke of Monroe Conger Conner Crummey Dean of Polk
DeVane Dorminy Duncan of Carroll Flournoy Floyd Fulford Griffin Hale Harrell Houston Isenberg Johnson of Warren Jones of Liberty Jordan of Floyd Knight of Laurens
Lambert Lane Lee of Clayton Logan McCracken McGarity Meeks Melton Mitchell Moate Mullis Newton of Jenkins Odom Overby Parker
Payton Peterson Phillips Pickard Ponsell Poss Rainey Rhodes Rodgers
Rutland
WEDNESDAY, MARCH 13, 1963
1729
Sangster Simmons Simpson Singer Smith of Emanuel Smith of Habersham Stalnaker Stuckey Teague
Tucker
Waldrop Walker White Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Mr. Speaker
On the passage of the Bill, as amended, the ayes were 123, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 240. By Messrs. Melton and Bolton of Spalding:
A Resolution urging the Budget Bureau to make available funds for the restoration and repair of Elijah Clark's grave and monument; 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 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 409. By Messrs. Williams of Hall, Ware of Troup, and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to provide for fees to be paid for licensing of motor vehicles for part of a year, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
1730
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Arnsdorff Ballard Barber Bedgood Bell Blaloek of Clayton Bolton Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Coker of Cherokee Coker of Turner Cullens Davis Been of Bacon DeVane Dicus Dixon Duncan of Fannin Echols Etheridge Fleming Flournoy Flynt Fowler of Treutlen Funk Gibbons Greene Groover Hall Harrell Harrington Harris Henderson
Hill Horton House Hull Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton King Kirkland Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McDonald McCarity McKemie Milford Mixon Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Odom Pafford Paris Partridge Payton Perry of Evans
Peterson Phillips Ponsell Poole Pope Raulerson Reaves Richardson Roberts Russell Sangster Scarborough Sewell Shaw Shea Shuman Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Steis Story Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Ware Watson Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Cobb Woodward
Those not voting were Messrs.:
Abney Andrews Bagby Baughman Black
Blair Blaloek of Coweta Bowen of Randolph Brackin Branch
Brantley Brooks of Fulton Chance Chandler Clark of Catoosa
WEDNESDAY, MARCH 13, 1963
1731
Clarke of Monroe Conger Conner Dean of Polk Dorminy Duncan of Carroll Floyd Fowler of Douglas
Fulford Griffin Hale Herndon Houston Isenberg Jones of Liberty Kelly Killian Knight of Laurena Knight of Berrien Lambert
Logan Mackay Matthews of Colquitt McCracken Meeks Melton Milhollin Mitchell
Moate Morgan of Newton Mullis Newton of Colquitt Overby Parker Perry of Marion Pickard Poss Rainey Rhodes Rodgers
Eoper Rowland Rutland Simmons Simpson Sinclair Singer Smith of Emanuel
Snow Stalnaker Stuckey Teague Tucker of Catoosa Waldrop Walker Warren White Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Blair of Sumter requested that the Journal show him as having voted for the passage of HB 409.
HR 155-427. By Mr. Newton of Colquitt: A Resolution to compensate Homer C. Patterson, 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 Alien Anderson Arnsdorff
Bagby Ballard Barber Baughman
Bedgood Bell Black Blair
1732
JOURNAL OF THE HOUSE,
Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Conner Cullens Davis Dean of Polk DeVane Dorminy Etheridge Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Greene Hall Harrington Harris Henderson Herndon Hill Hurst Isenberg Johnson of Elbert Johnson of Warren
Jones of Lumpkin Keadle Keyton Killian King Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity Meeks Milford Milhollin Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odoni Overby Pafford Paris Partridge Perry of Evans Peterson Phillips Ponsell Pope
Raulerson Reaves Richardson Roberts Rowland Sangster Scarborough Shea Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Ware Watson Wells of Peach Wells of Oconee Wells Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Jordan of Calhoun.
Those not voting were Messrs.:
Acree Andrews Blalock of Coweta Bowen of Dawson Brackin Brantley Brooks of Fulton Caldwell
Causby Clarke of Monroe Coker of Turner Conger Crummey Deen of Bacon Dicus Dixon
Duncan of Fannin Duncan of Carroll Echols Fleming Fulford Gibbons Griffin Groover
WEDNESDAY, MARCH 13, 1963
1733
Hale Harrell Horton House Houston Hull Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Kelly Knight of Berrien Laite Lambert Lane Leonard Logan McCracken
McDonald McKemie Melton Mitchell Moate Morgan of Gwinnett Mullis Parker Payton Perry of Marion Pickard Poole Poss Rhodes Rodgers Roper Russell Rutland
Sewell Shaw Simmons Simpson Sinclair Singer Smith of Habersham Story Stuckey Teague Underwood of
Montgomery Vaughn Walker Warren Watts White Mr. Speaker
On the adoption of the resolution, the ayes were 126, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 125-317. By Mr. Dean of Polk: A Resolution to compensate Lewis Moore, 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 call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell
Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee
Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Conner Cullens Davis
1734
JOURNAL OP THE HOUSE,
Dean of Polk DeVane Dorminy Etheridge Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Greene Hall Harrington Harris Henderson Herndon Hill Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Keadle Keyton Killian King Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Lewis
Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity Meeks Milford Milhollin Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Evans Peterson Phillips Ponsell Pope Raulerson Reaves Richardson Roberts
Rowland Sangster Scarborough Shea Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Jordan of Calhoun.
Those not voting were Messrs.:
Acree Andrews Blalock of Coweta Bowen of Dawson Brackin Brantley Brooks of Fulton Caldwell Causby Clarke of Monroe Coker of Turner Conger Crummey Deen of Bacon Dicus
Dixon Duncan of Fannin Duncan of Carroll Echols Fleming Fulford Gibbons Griffin Groover Hale Harrell Horton House Houston Hull
Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Kelly Knight of Berrien Laite Lambert Lane Leonard Logan McCracken McDonald McKemie Melton
WEDNESDAY, MARCH 13, 1963
1735
Mitchell Moate Morgan of Gwinnett Mullis Payton Perry of Marion Pickard Poole Poss Rainey Rhodes
Rodgers Roper Russell Rutland Sewell Shaw Simmons Simpson Sinclair Singer Smith of Habersham
Story Stuckey Teague Underwood of
Montgomery Vaughn Walker Warren Watts White Mr. Speaker
On the adoption of the resolution, the ayes were 126, nays 1.
The Resolution, having received the requisite Constitutional majority, was adopted.
HR 156-427. By Messrs. Teague, Flournoy and Wilson of Cobb:
A Resolution to compensate Marietta Transport Company, and for other purposes.
The following committee amendment was read and adopted:
The Appropriations Committee moves to amend HR 156-427 as follows:
By striking from the last paragraph the figures "11,050.00" and inserting in lieu thereof the figures "$10,000.00" and by adding at the end thereof the following, "such payment is authorized and shall be made only if ownership of both the tank and truck is transferred to the State of Georgia upon payment of such amount."
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 Alien Anderson
Arnsdorff Bagby Ballard
Barber Baughman Bedgood
1736
JOURNAL OF THE HOUSE,
Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Conner Cullens Davis Dean of Polk DeVane Dorminy Etheridge Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Greene Hall Harrington Harris Henderson Herndon Hill Hurst
Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Keadle Keyton Killian King Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity Meeks Milford Milhollin Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Evans Peterson
Phillips Ponsell Pope Raulerson Reaves Richardson Roberts Rowland Sangster Scarborough Shea Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Jordan of Calhoun.
Those not voting were Messrs.:
Acree Andrews Blalock of Coweta Bowen of Dawson Brackin Brantley Brooks of Fulton Caldwell
Causby Clarke of Monroe Coker of Turner Conger Crummey Deen of Bacon Dicus Dixon
Duncan of Fannin Duncan of Carroll Echols Fleming Fulford Gibbons Griffin Groover
WEDNESDAY, MARCH 13, 1963
1737
Hale Harrell Horton House Houston Hull
Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Kelly Knight of Berrien Laite Lambert Lane Leonard Logan McCracken McDonald
McKemie Melton Mitchell Moate Morgan of Gwinnett Mullis
Parker Payton Perry of Marion Pickard Poole Poss Rainey Rhodes Rodgers Roper Russell Rutland Sewell
Shaw Simmons Simpson Sinclair Singer Smith of Habersham
Story Stuckey Teague Tucker of Burke Underwood of
Montgomery Vaughn Walker Warren Watts White Mr Speaker
On the adoption of the resolution, as amended, the ayes were 126, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 192-579. By Mr. Bynum of Rabun:
A Resolution compensating Ralph R. Callenback, Jr., and for other purposes.
The following committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 192-579 by re moving the figures $18,349.20 and inserting in lieu thereof the figures $4000.00.
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:
1738
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Conner Cullens Davis Dean of Polk DeVane Dorminy Etheridge Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Greene Hall
Harrington Harris Henderson Herndon Hill Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Keadle Keyton Killian King Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity Meeks Milford Milhollin Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris
Partridge Perry of Evans Peterson Phillips Ponsell Pope Raulerson Reaves Richardson Roberts Rowland Sangster Scarborough Shea Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Jordan of Calhoun.
Those not voting were Messrs.:
Acree Andrews Blalock of Coweta Bowen of Dawson
Brackin Brantley Brooks of Fulton Caldwell
Causby Clarke of Monroe Coker of Turner Conger
WEDNESDAY, MARCH 13, 1963
1739
Crummey Deen of Bacon Dicus Dixon Dunean of Fannin Duncan of Carroll Echols Fleming Fulford Gibbons Griffin Groover Hale Harrell Horton House Houston Hull Jones of Liberty Jones of Telfair Jones of Muscogee
Jordan of Floyd Kelly
Knight of Berrien Laite Lambert Lane Leonard Logan McCracken McDonald McKemie Melton Mitchell Moate Morgan of Gwinnett Mullis Parker Payton Perry of Marion Pickard Poole Poss Rainey
Rhodes Rodgers
Roper Russell Rutland Sewell Shaw Simmons Simpson Sinclair Singer Smith of Habersham Story Stuckey Teague Underwood of
Montgomery Vaughn Walker Warren Watts White Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 126, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 181-516 By Mr. Todd of Glascock: A Resolution to compensate Mrs. H. S. Swint; and for other purposes.
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption ol the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Bagby Ballard
Barber Baughman Bedgood Bell Black Blair
Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe
1740
JOURNAL OF THE HOUSE,
Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Conner Cullens Davis Dean of Polk DeVane Dorminy Etheridge Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Funk Greene Hall Harrington Harris Henderson Herndon Hill Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Keadle Keyton
Killian King Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity Meeks Milford Milhollin Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Evans Peterson Phillips Ponsell Pope
Raulerson Reaves Richardson Roberts Rowland Sangster Scarborough Shea Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Jordan of Calhoun.
Those not voting were Messrs.:
Acree Andrews Blalock of Coweta Bowen of Dawson Brackin Brantley Brooks of Fulton Caldwell Causby Clarke of Monroe Coker of Turner
Conger Crummey Deen of Bacon Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Fleming Fulford Gibbons
Griffin Groover Hale Harrell Horton House Houston Hull Jones of Liberty Jones of Worth Jones of Muscogee
WEDNESDAY, MARCH 13, 1963
1741
Jordan of Floyd Kelly Knight of Berrien Laite Lambert Lane Leonard Logan McCracken McDonald McKemie Melton Mitchell Moate Morgan of Gwinnett Mullis
Parker Payton Perry of Marion Pickard Poole Poss Eainey Rhodes Rodgers Roper Russell Rutland Sewell Shaw Simmons Simpson
Sinclair Singer Smith of Habersham Story Stuckey Teague Underwood of
Montgomery Vaughn Walker Warren Watts White Mr. Speaker
On the adoption of the Resolution, the ayes were 126, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 216-632. By Messrs. Matthews and Newton of Colquitt:
A Resolution compensating Mr. George Rufus Hanna; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 216-632 by removing the figures $1125.00 and inserting in lieu thereof the figures $900.00.
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 Alien Anderson Arnsdorff
Bagby Ballard Barber Baughman
Bedgood Bell Black Blair
1742
JOURNAL OP THE HOUSE,
Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Carr Chance Chandler Clark of Catoosa Coker of Cherokee Conner Cullens Davis Dean of Polk DeVane Dorminy Etheridge Flournoy Floyd Plynt Fowler of Douglas Fowler of Treutlen Funk Greene Hall Harrington Harris Henderson Herndon Hill Hurst Isenberg Johnson of Elbert
Johnson of Warren Jones of Lumpkin Keadle Keyton Killian King Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity Meeks Milford Milhollin Mixon Moore Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Evans Peterson Phillips
Ponsell Pope Raulerson Reaves Richardson Roberts Rowland Sangster Scarborough Shea Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Ware Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Jordan of Calhoun.
Those not voting were Messrs.:
Acree Andrews Blalock of Coweta Bowen of Dawson Brackin Brantley Brooks of Fulton Caldwell Causby
Clarke of Monroe Coker of Turner Conger Crummey Deen of Bacon Dicus Dixon Duncan of Fannin Duncan of Carroll
Echols Fleming Fulford Gibbons Griffin Groover Hale Harrell Horton
WEDNESDAY, MARCH 13, 1963
1743
House Houston Hull Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Kelly Knight of Laurens Knight of Berrien Laite Lambert Lane Leonard Logan McCracken McDonald McKemie
Melton Mitchell Moate Morgan of Gwinnett Mullis Parker Payton Perry of Marion Pickard Poole Poss Rainey Rhodes Rodgers Roper Russell Rutland Sewell
Shaw Simmons Simpson Sinclair Singer Smith of Habersham Story Stuckey Teague Underwood of
Montgomery Vaughn Walker Warren Watts White Mr. Speaker
On the adoption of the Resolution, as amended, the ayes were 126, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 196-583. By Mr. Bagby of Paulding: A Resolution to compensate Dan W. Forsyth; 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 roll call was ordered and the vote was as follows:
Abney Acree Alien Anderson Arnsdorff Bagby Ballard Barber Bedgood Bell Black Blair Blalock of Coweta
Blalock of Clayton Bolton Bowen of Randolph Brackin Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Causby Chance Chandler
Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens Deen of Bacon DeVane Dicus Duncan of Fannin Duncan of Carroll Etheridge Floyd Flynt
1744
JOURNAL OF THE HOUSE,
Fowler of Douglas Funk Hall Harrington Henderson Herndon House Houston Hurst Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Keyton King Kirkland Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt
McClelland McDonald McGarity McKemie Milhollin Mixon Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Partridge Payton Perry of Evans Peterson Phillips Ponsell Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Rowland
Russell Scarborough Sewell Shea Shuman Simmons Singer Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker
Steis
Tabb Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Waldrop Watson Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Andrews Baughman Bowen of Dawson Bowen of Toombs Brantley Brooks of Fulton Caldwell Carr Clarke of Monroe Conger Crummey Davis Dean of Polk Dixon Dorminy Echols Fleming Flournoy Fowler of Treutlen
Fulford Gibbons Greene Griffin Groover Hale Harrell Harris Hill Horton Hull Isenberg Jones of Worth Jordan of Floyd Kelly Killian Knight of Laurens Lambert Lee of Clinch
Leonard Logan McCracken Meeks Melton Milford Mitchell Moate Moore Mullis Paris Parker Perry of Marion Pickard Poole Rodgers Rutland Sangster Shaw
WEDNESDAY, MARCH 13, 1963
1745
Simpson Sinclair Smith of Emanuel Smith of Habersham Story Stuckey
Teague Todd Towson Underwood of
Montgomery Vaughn
Walker Ware Warren Watts White Mr. Speaker
On the adoption of the Resolution, the ayes were 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SR 14. By Senators Gayner of the 5th, Pannell of the 54th and Jackson of the 16th:
A Resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government; and for other purposes
The following committee substitute was read:
A RESOLUTION
Creating the Senate Committee on Economy, Reorganization and Efficiency in State Government; and for other purposes.
WHEREAS, the people of Georgia are entitled to and demand that all Departments, Agencies and Commissions of the State Government be operated on a business-like basis at a minimum of cost for a maximum of good for the greatest number of Georgia citizens, and that all prac tical, reasonable and possible economies be practiced in State Govern ment; and
WHEREAS, to the end that the State Government of Georgia fulfill its responsibilities to the people of Georgia, it is vital that analytical and penetrating studies, on a continuing basis, be made of State Govern ment; and
WHEREAS, fundamental fiscal planning and responsibility is one of the cardinal precepts of an efficient State Government; and
WHEREAS, it is meet and proper, necessary and desirable that the Legislative Branch of the Government fulfill its Constitutional Mandate relative to the expenditure of public funds, including the functions and operations of all Departments, Agencies and Commissions of the State Government, by being fully informed thereabout.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
1746
JOURNAL OF THE HOUSE,
ASSEMBLY OF GEORGIA that there be and hereby is created the Senate Committee on Economy, Reorganization and Efficiency in State Government.
Said Committee, as hereby created, shall consist and be composed of ten (10) members of the Senate, with the President and the President Pro Tern of the Senate as Ex-Officio members. The Committee members shall be appointed by the President of the Senate, and the President shall designate the Chairman, Vice-Chairman and Secretary of the Committee. The President shall specify, in writing, the first call for a meeting of said Committee, and at such first meeting the said Committee shall organize, adopt policies, procedures and rules for its operation, future meetings, and act on any and all other matters it deems advisable.
Said Committee shall meet only upon the call of the Chairman there of, or the President of the Senate, and a majority of the membership of the Committee shall constitute a quorum, and a majority vote of a quorum thereof shall be sufficient for transacting the business of the Committee, and voting on all questions.
The Committee is hereby authorized and empowered to make studies and investigations on a continuing basis, and to inquire into the functions and operations of all Departments, Agencies and Commissions of the State Government. The Officials, Employees, Agents and Represent atives of the State Government, and each Department, Agency and Com mission thereof, are hereby directed to, and shall, cooperate with the said Committee, and furnish any and all information, documents, records, data and papers of any and every description which shall be required or requested by the Committee, or any duly constituted Subcommittee thereof. All persons, firms or corporations doing business in any manner with the State of Georgia, shall likewise furnish to said Committee, any information, documents, records, data and papers of any and every de scription which shall be required or requested by said Committee.
The Committee is authorized and empowered to create Subcom mittees of the Committee and adopt such rules and procedures as is deemed necessary and proper, consistent with the purpose for which it is created, and the Chairman of the Committee is authorized to appoint such Subcommittees, naming the Chairman and Secretary thereof. Any such Subcommittee which might be created, is hereby given the plenary and same power and authority as is granted the full Committee, except as to the issuance of subpoenas as is hereinafter provided. The Com mittee, or any Subcommittee, is hereby authorized to meet and to hold hearings at any place within this State.
The Committee shall be a continuing and permanent Committee and the terms of this resolution shall remain in effect and not expire until specifically repealed.
New members of the Committee may be appointed by the President of the Senate upon the beginning of a new Senatorial Term, and all vacancies on the Committee shall be filled by appointment of the Presi-
WEDNESDAY, MARCH 13, 1963
1747
dent of the Senate. The Committee is hereby authorized and empowered to employ such legal, skilled and clerical assistance as it deems necessary and advisable, and to fix the compensation therefor.
The Committee is hereby authorized to obtain such materials, sup plies and equipment as it deems necessary to perform its functions under this Resolution. The members of the Committee shall receive the com
pensation per diem, expenses and allowances with are authorized for legislative members of Interim Legislative Committees for the actual days upon which they perform services under this Resolution between Sessions of the General Assembly, provided that the members of said Committees shall receive no additional funds during Sessions of the Gen eral Assembly, other than the funds received as a Member of the General Assembly. 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 and from any other legally available funds.
The Committee members or Counsel for the Committee or any other employee of the Committee, shall be authorized to travel within and without the State and to receive the actual expenses therefor, to be paid by the State Treasurer, provided, however, that no out of State travel shall take place except upon the joint approval of the Chairman of the Committee and the President of the Senate. All expenses for travel shall be thoroughly itemized and accounted for before approval for payment.
The Chairman of the Committee shall sign and approve all requests for payment of any funds expended under the terms of this Resolution, and all such requests shall be thoroughly itemized as to compensation, per diem, expenses and allowances, before approval by the Chairman of said Committee, and all such requests shall be presented to the State Treasurer for payment, whereupon the said State Treasurer shall honor
and pay the same.
The Committee, or any Subcommittee thereof, is hereby authorized to make such reports, from time to time, as it deems meet and proper, and shall, at its discretion, provide for the distribution of such reports to members of the Press, members of the General Assembly, and to State Officials. The Committee or any Subcommittee thereof, may be convened by the President of the Senate and it shall make such studies, investigations and inquiries into the functions and operations of any department, agency or commission of the State government as shall be directed by the President of the Senate.
The President of the Senate is hereby empowered and authorized to meet with the Committee and to examine any information, records, data, documents or papers under consideration by the Committee, or any Subcommittee thereof, and the President of the Senate shall also have the right to examine and cross-examine any witnesses who may appear before such Committee.
The Committee, upon a majority vote of the entire membership thereof is hereby specifically authorized and empowered to issue sub-
1748
JOURNAL OF THE HOUSE,
poenas for the Committee or a Subcommittee requiring the attendance and testimony of witnesses and the production of books, records, papers, documents, data, or other evidence relative to the purposes for which said Committee is created. Such subpoenas shall be issued in the name of the Committee, signed by the Chairman, and may be served by any Sheriff, Deputy Sheriff, or by any member of the Committee. The per son making such service shall make his return on the original and a copy, and a copy thereof shall be delivered thereafter to the Chairman of the Committee, who shall preserve the same. No subpoena shall be valid beyond a radius of one hundred miles from the site of any hearing. The power of the Committee to issue subpoenas shall end December 31, 1964. However, the regular Session of the General Assembly in 1965 may reactivate the power and then set an expiration date for said power. The Chairman or any member of the Committee shall be authorized to administer oaths to any and all witnesses. Every witness appearing pursuant to subpoena shall be entitled to receive, upon request, the same fee as is provided by law for witnesses in the Superior Courts of Georgia, and where the attendance of witnesses residing outside the county, wherein the hearing is held, is required, they shall be entitled to receive the same sum and expenses as is provided by law for witnesses appear ing in the Superior Courts of Georgia, upon certification thereof by the Chairman of the Committee to the State Treasurer. Any person, firm, corporation, association or organization which fails to appear in response to any such subpoena, as therein required or to produce any papers, documents, books, data, or other evidence, or any person who fails or refuses without legal cause, to answer any questions propounded to him, shall be guilty of civil contempt. Provided, further, that the testi mony of such witnesses, or the production of any books, records, docu ments, papers, data, or other evidence, shall be compelled by the Judge of the Superior Court having jurisdiction, upon a verified certification of such failure, by the Chairman of the Committee to the judge, and it shall be the duty of said Judge to issue an attachment of contempt against such witness, or person, firm, corporation or agency, as in other cases, requiring the same to show cause why he should not be held in civil contempt. Any such action for civil contempt shall be in the juris diction where the same is alleged to have occurred. The provisions of Georgia Code Sections 26-4003, 26-4004, 26-4005 and 26-4006, as such Sections relate to the offenses of false swearing and subordination of false swearing and the punishment therefor, shall be applicable to all witnesses testifying before the Committee or any Sub-committee as hereinabove referred to.
An amendment offered by Mr. Conger of Decati'1- was read and lost.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
WEDNESDAY, MARCH 13, 1963
1749
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Bagby Ballard Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd
Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons
Greene Groover Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian King Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald McGarity McKemie Meeks Melton Milhollin Mitchell Mixon
Moate Moore
Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Overby Pafford Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers Rowland Russell Rutland Sangster Shea Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Ware Watson
1750
JOURNAL OP THE HOUSE,
Watts Wells of Peach Wells of Camden
Wilkes Williams of Coffee Williams of Hall
Wilson of Brantley Wilson of Cobb
Voting in the negative were Messrs. Conger, Odom and Scarborough.
Those not voting were Messrs.:
Andrews Barber Bedgood Brooks of Oglethorpe Brooks of Fulton Clarke of Monroe Crummey Dorminy Griffin Hill Johnson of Warren Jordan of Calhoun
Kirkland Logan McCracken Milford Mullis Murphy Paris Parker Pickard Rainey Roper Sewell
Shaw Simmons Simpson Sinclair Singer Todd Tucker of Burke Warren Wells of Oconee White Woodward Mr Speaker
On the adoption of the Resolution, by substitute, the ayes were 166, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Messrs. Wells of Oconee and Rainey of Crisp requested that they be recorded as having voted for the adoption of SR 14.
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 495. By Messrs. Keyton and Russell of Thomas, Reaves of Brooks, Hall of Lee, Carr of Washington, Hull and Fleming of Richmond, and many others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State Officials, so as to change the compensa tion of the State Supervisor of Purchases; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill was agreed to.
WEDNESDAY, MARCH 13, 1963
1751
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 Acree Alien Anderson Arnsdorff Barber Baughman Bedgood Bell Blair Blaloek of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Davis Dean of Polk Dicus Dixon Dorminy Duncan of Pannin Duncan of Carroll Echols Floyd Fowler of Douglas Funk
Gibbons Grene Griffin Groover Hall
Harrell Harrington Harris Henderson Herndon House Houston Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd
Keadle Keyton Killian King Kirkland Knight of Berrien
Laite Lambert Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity McKemie Melton Milhollin Mitchell Mixon Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Pafford Paris
Payton Peterson Peterson Phillips Pickard Ponsell Poole Pope Reaves Richardson Roberts Roper Rowland Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Sinclair Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Spikes Steis Stuckey Teague Twitty Underwood of Taylor
Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
1752
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Causby Fowler of Treutlen Leonard
Odom Scarborough Smith of Habersham
Wilson of Cobb
Those not voting were Messrs.:
Andrews Bagby Ballard Black Bowen of Randolph Brackin Branch Brooks of Oglethorpe Brooks of Fulton Crummey Cullens Deen of Bacon DeVane Etheridge Fleming Flournoy Flynt Fulford Hale Hill Horton
Hull Johnson of Warren Jones of Worth Jordan of Calhoun Kelly Knight of Laurens Lane Lee of Clinch Lindsey Logan Meeks Milford Moate Morgan of Gwinnett Mullis Nessmith Overby Parker Partridge Perry of Marion Perry of Evans
Poss Rainey Raulerson Rhodes Rodgers Simpson Singer Smith of Forsyth Stalnaker Story Tabb Todd Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Wells of Peach White Woodward Mr. Speaker
On the passage of the Bill, the ayes were 136, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the Senate was taken up for the purpose of considering the report of the Conference Committee thereon:
SR 9. By Senators Pannell of the 54th, Jackson of the 16th and Smalley of the 28th: A Resolution creating the Governor's Commission for Efficiency and Improvement in Government, and for other purposes.
The following report of the Conference Committee was read:
WEDNESDAY, MARCH 13, 1963
1753
Mr. President: Mr. Speaker:
The Conference Committee on Senate Resolution No. 9 recom mends that the Senate recede from its position and that the floor amend ment by Mr. Bolton of Spalding be adopted.
That the Senate recede from its position and that the floor amend ment by Mr. Wilkes of Cook to Section 2 of said resolution be adopted.
That the House recede from its position and the floor amendment by Mr. Wilkes of Cook to Section 5 of said resolution not be adopted but that said Resolution be amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The Commission shall be assigned suitable quar ters in the State Capital, and is hereby authorized to expend such funds as may be required for its operation. The Commission shall not spend more than a total of $25,000.00 prior to July 1, 1963. The Commission shall not expend more than a total of $150,000.00 in the biennium beginning July 1, 1963, and ending June 30, 1965, and shall not expend more than $115,000.00 in the period beginning July 1, 1965, and ending on the date the Commission stands abolish ed, as provided in Section 1 of this Resolution. The Commission is authorized to contract with consultant, research and professional firms, institutions or agencies for the making of studies and the gathering of such information as the Commission may deem neces sary."
Respectfully submitted, Bolton of Spalding Busbee of Dougherty Hale of Dade Pannell of the 54th Gayner of the 5th Webb of the llth
Mr. Bolton of Spalding moved that the House adopt the Conference Com mittee Report.
On the motion to adopt, the ayes were 115, nays 0.
The Conference Committee Report on SR 9 was adopted.
1754
JOURNAL OP 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 considera tion and read the third time:
HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether:
A Bill to be entitled an Act to provide that no State official shall be compensated for any ex-officio office unless the Act creating such office specifically provides for payment; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HB 364 as follows:
1. By inserting after word "law" in line 3 of Section 1 the words "after the passage of this Act."
2. By striking the word "such" from line 6 of Section 1 and by striking the word "such" from line 7 of Section 1.
The report of the Committee, which was favorable to the adoption 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 Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brown
Busbee Bynum Byrd Caldwell Causby Chance Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Duncan of Carroll Etheridge
Floyd Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Groover Hale Hall Harrell Harris Henderson Herndon Hill Horton House Houston
WEDNESDAY, MARCH 13, 1963
1755
Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Muscogee Jordan of Floyd Keadle Kelly Killian King Kirkland Laite Lambert Lee of Dougherty Leonard Lewis Lindsey Lowrey Matthews of Clarke McClelland McCracken McDonald McKemie Meeks Melton Milford Milhollin
Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Roper Rowland
Voting in the negative was Mr. Wilson of Cobb. Those not voting were Messrs.:
Bagby Bedgood Black Blalock of Clayton Bolton Brackin Brooks of Fulton Carr Chandler Clark of Catoosa Conger Conner Crummey Davis Dicus Echols Fleming Flournoy Flynt Griffin Harrington Johnson of Warren
Jones of Worth Jones of Lumpkin Jordan of Calhoun Keyton Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Logan Lokey Mackay Matthews of Colquitt McGarity Moate Mullis Pafford Parker Pickard Rhodes Rodgers Russell
Scarborough Sewell Shea Shuman Simmons Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Hamersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Tucker of Catoosa Twitty Vaughn Warren Watson Watt Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee
Rutland Sangster Shaw Simpson Sinclair Singer Teague Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware White Williams of Hall Wilson of Brantley Woodward Mr. Speaker
1756
JOURNAL OF THE HOUSE,
On the passage of the bill, as amended, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Underwood of Taylor requested that the Journal show him as having voted for the passage of HB 364.
HR 191-575. By Messrs. Walker and Gibbons of Lowndes, Killian and Isenberg of Glynn:
A Resolution relating to the placing of a marker at Jekyll Island in honor of former Governor M. E. Thompson; 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 Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brooks of Oglethorpe Busbee Bynum Byrd Carr Causby Chance
Coker of Turner Davis Dean of Polk DeVane Dixon Duncan of Fannin Etheridge Fleming Floyd Fowler of Douglas Fowler of Treutlen Funk Gibbons Hall Harrell Henderson Herndon House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Liberty
Jones of Muscogee Jordan of Ployd Keadle Keyton Killian King Kirkland Knight of Berrien Lambert Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald McGarity McKemie Meeks Melton Milford
WEDNESDAY, MARCH 13, 1963
1757
Milhollin Mixon Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Partridge Payton Perry of Marion Perry of Evans Peterson Ponsell Poole Poss Rainey
Raulerson Reaves Richardson Roberts Roper Rowland Russell Rutland Sangster Sewell Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham
Snow
Spikes Stalnaker Story Stuckey Tabb Todd Tucker of Burke Underwood of
Montgomery Walker Warren Watson Watt Wells of Oconee Wells of Camden Williams of Coffee Wilson of Cobb Woodward
Voting in the negative was Mr. Bolton.
Those not voting were Messrs.:
Acree Andrews Black Blalock of Clayton Brackin Brooks of Fulton Brown Caldwell Chandler . Clark of Catoosa Clarke of Monroe Coker of Cherokee Conger Conner Crummey Cullens Deen of Bacon Dicus Dorminy Duncan of Carroll Echols Flournoy Flynt Fulford Greene Griffin
Groover Hale Harrington Harris Hill Horton Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Calhoun Kelly Knight of Laurens Laite Lane Lee of Clinch Lee of Clayton Logan Lokey McCracken Mitchell Moate Morgan of Newton Mullis Pafford Parker Phillips
Pickard Pope Rhodes Rodgers Scarborough Simpson Singer Smith of Whitfield Steis Teague Towson Tucker of Catoosa Twitty Underwood of Taylor Vaughn Waldrop Ware Wells of Peach White Wilkes Williams of Hall Wilson of Brantley Mr. Speaker
1758
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 129, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Mr. Bolton of Spalding stated that his voting switch was out of order and that he had no intention of voting against the adoption of HR 191-575. He requested that he be recorded as having voted for the adoption of the resolution.
HB 650. By Messrs. Hale of Dade, Mackay and Harris of DeKalb:
A Bill to be entitled an Act to amend an Act regulating professional fund raising; and for other purposes.
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 Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Branch Brown Busbee Bynum Byrd Carr Chance Clark of Catoosa Clarke of Monroe Coker of Turner
Conner Cullens DeVane Dixon Duncan of Pannin Duncan of Carroll Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Funk Gibbons Greene Groover Hale Hall Harris Herndon House Houston Hull Hurst
Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Keyton Killian King Kirkland Knight of Berrien Laite Lee of Dougherty Leonard Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald McGarity McKemie Meeks
WEDNESDAY, MARCH 13, 1963
1759
Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Parker Partridge Payton Perry of Marion Perry of Evans Peterson Ponsell Poole Poss
Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Russell Rutland Sewell Shaw Shea Shuman Simmons Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow
Spikes Stalnaker Steis Story Stuckey Teague Todd Underwood of Taylor Walker Warren Watson Wells of Peach Wells of Camden Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Black Blalock of Clayton Bolton Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Causby Chandler Coker of Cherokee Conger Crummey Davis Dean of Polk Deen of Bacon Dicus Dorminy Echols Fowler of Treutlen Fulford Griffin Harrell Harrington
Henderson Hill Horton Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun Kelly Knight of Laurens Lambert Lane Lee of Clinch Lee of Clayton Lewis Logan Lokey McCracken Melton Moate Moore Mullis Nessmith Overby Pafford Paris Phillips Pickard
Pope Roper Rowland Sangster Scarborough Simpson Sinclair Singer Smith of Emanuel Tabb Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Vaughn Waldrop Ware Watts Wells of Oconee White Wilkes Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0.
1760
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Mr. Bolton of Spalding requested that he be recorded as having voted for the passage of HB 650.
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 127. By Mr. Etheridge of Fulton:
A Bill to be entitled an Act to make it unlawful to injure or interfere with the property of any company or political subdivision relative to any electrical, gas, water, sewerage, or communication 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Andrews Arnsdorff Baughman Blair Blalock of Coweta Bolton
Bowen of Dawson Bowen of Toombs Branch Brown Busbee Bynum Byrd Causby Chance Clark of Catoosa Clarke of Monroe Coker of Turner Conner Davis
Dean of Polk
Dorminy
Duncan of Fannin
Duncan of Carroll
Etheridge
Flournoy
Floyd
Flynt
Fowler of Treutlen
Funk
-
Greene
Hall
Harris
Henderson
Herndon
Horton
House
Hull
Hurst
Jones of Lumpkin
Jones of Muscogee
Keadle
Keyton
Killian
King Kirkland Lindsey Lowrey Mackay Matthews of Colquitt McClelland McDonald
McKemie Milhollin Mixon Morgan of Gwinnett Newton of Jenkins Odom Partridge Payton Perry of Marion Perry of Evans Peterson Poole Rainey Raulerson
Reaves
Richardson Roberts Rodgers Rowland Russell Rutland Shea S human Simmons
WEDNESDAY, MARCH 13, 1963
1761
Sinclair Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd
Underwood of Tayloi Walker Watson Wells of Peach Wells of Camden Williams of Coffee Williams of Hall
Those voting in the negative were Messrs.:
Acree Anderson Bagby Ballard Barber Bell Bowen of Randolph Coker of Cherokee Deen of Bacon
Dixon Fleming Houston Johnson of Elbert Lee of Dougherty Leonard Lewis Matthews of Clarke Meeks
Milford Morgan of Newton Ponsell Pope Shaw Smith of Forsyth Warren Wilson of Cobb
Those not voting were Messrs.:
Bedgood Black Blalock of Clayton Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Carr Chandler Conger Crummey Cullens DeVane Dicus Echols Fleming Fowler of Douglas Fulford Gibbons Griffin Groover Hale Harrell Harrington Hill Isenberg Johnson of Warren Jones of Forsyth
Jones of Worth Jordan of Floyd Jordan of Calhoun Kelly Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Logan Lokey McCracken McGarity Melton Mitchell Moate Moore Mullis Murphy Nessmith Newton of Colquitt Overby Pafford Paris Parker Phillips Pickard
Poss Rhodes Roper Sangster Scarborough Sewell Simpson Singer Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Teague Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Vaughn Waldrop Ware Watts Wells of Oconee White Wilkes Wilson of Brantley Woodward Mr. Speaker
1762
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 94, nays 26.
The Bill, having failed to receive the requisite constitutional majority, was lost.
The Speaker announced the House recessed until 2:00 o'clock this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.
The following supplemental report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for the after noon session, Wednesday, March 13, 1963 and, in addition to the Bills and Resolutions placed on the moring calendar, submits the following:
HB 504. Dispensing of milk, schools HB 613. Rabbit Bill SB 23. Regulate motor carriers SB 90. Public Service Commission, powers SB 91. Motor common carriers, regulate SB 93. Motor common carriers, regulate SB 102. Discharge passengers, school bus
The Speaker shall have the right to call the above Bills and Resolu tions in any order which he may desire.
Respectfully submitted, Richardson of Chatham, Secretary.
The following Bills of the House were taken up for the purpose of consider ing Senate amendments or substitute thereto:
WEDNESDAY, MARCH 13, 1963
1763
HB 174. By Mr. Simmons of Banks:
A Bill to be entitled an Act to amend an Act so as to change the terms of court in Banks County, and for other purposes.
The following Senate substitute was read:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Banks County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Beginning with the year 1963 the terms of the Superior Court of Banks County shall be on the third Monday in March and on the first Monday in October.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Simmons of Banks moved that the House agree to the Senate substitute.
On the motion to agree, the ayes were 107, nays 0. The Senate substitute to HB 174 was agreed to.
HB 434. By Mr. Herndon of Appling:
A Bill to be entitled an Act to establish the number of votes necessary for the Board of Education of Appling County to take official action, and for other purposes.
The following Senate amendment was read:
Zorn of the 6th moves to amend HB 434 as follows:
By adding at the beginning of Section 1 the following sentences: "A quorum of the Board of Education of Appling County shall
consist of a majority of the members of said Board. Such quorum must be present before any official action may be taken."
1764
JOURNAL OF THE HOUSE,
By striking the words "That before" in the beginning of Section 1 and inserting in lieu thereof the word "Before".
Mr. Herndon of Appling moved 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 434 was agreed to.
HB 437. By Mr. Scarborough of Crawford:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Crawford County on a salary in lieu of the fee system of compensa tion, and for other purposes.
The following Senate amendment was read:
Senator Smith of the 18th moves to amend HB 437 as follows:
By adding to the end of Section 1 a new paragraph to read as follows:
"The Clerk shall have the right to employ a Deputy Clerk and such other employees as he deems necessary in the office of the Clerk of the Superior Court of Crawford County. Provided, how ever, that the salaries of such Deputy Clerk or other additional employees shall be paid out of the compensation herein provided for the Clerk of the Superior Court of Crawford County."
By adding to the title immediately following the word and figure "compensation"; the words and figures "to authorize a Deputy Clerk and additional employees providing they be compensated out of the salary set for the Clerk;".
Mr. Scarborough of Crawford moved that the House agree to the Senate amendment
On the motion to agree, the ayes were 107, nays 0.
The Senate amendment to HB 437 was agreed to.
WEDNESDAY, MARCH 13, 1963
1765
The following Bill of the House was taken up for the purpose of consider ing the Senate's insistence on its position in amending the same:
HB 48. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to be entitled an Act to provide appropriations for the fiscal years 1963 and 1964, and for other purposes.
Mr. Bolton of Spalding moved that the House insist on its position in disagreeing to the Senate amendments and that the Speaker appoint a Con ference Committee 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 Conference Com mittee on the part of the House, the following members: Messrs. Busbee of Dougherty, Blalock of Coweta, and Wilkes of Cook.
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:
HR 57-130. By Mr. Causby of Gordon: A Resolution relative to New Echota, and for other purposes.
The following substitute was read and adopted:
A RESOLUTION
Relative to New Echota; and for other purposes.
WHEREAS, New Echota, located in Gordon County, is the historical site of the capitol of the Cherokee Indian Nations; and
WHEREAS, this location is deeply endowed with a rich natural beauty and historical background; and
WHEREAS, this location is within sight of the new highway that will carry tourists through Georgia; and
WHEREAS, it was a center for the Cherokee history that covers North Georgia; and
WHEREAS, other States have experienced a tremendous boost to their natural attractions for tourist trade by developing similar and related sites; and
1766
JOURNAL OF THE HOUSE,
WHEREAS, it is desirable to enhance and promote tourism by providing attractive sites which have a natural potential for drawing tourists and all their related benefits; and
WHEREAS, the citizens of the locality have invested considerable funds in the purchase of land and other endeavors relative to this project, and the Georgia Historical Commission has also expended funds in connection therewith but the project needs to be completed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Historical Commission is hereby urged and requested to complete the development of New Echota as aforesaid, in order that the tremendous amount of effort and expendi ture of funds already made will not go for nought and this wonderful tourist attraction which would pay for itself in a very short while, be made into a mecca for tourists.
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 Acree Alien Anderson Andrews Barber Blair Blalock of Clayton Bowen of Randolph Bowen of Dawson Branch Brantley Brown Busbee Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Turner Conger Conner Cullens Davis
Duncan of Fannin Flynt Fulford Funk Gibbons Greene Griffin Hale Hall Harrell Harris Henderson Herndon Horton House Johnson of Elbert Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton King Kirkland Knight of Berrien Laite
Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay McKemie Meeks Melton Milford Milhollin Mixon Moate Morgan of Gwinnett Murphy Nessmith Newton of Colquitt Odom Overby Pafford Paris Partridge
WEDNESDAY, MARCH 13, 1963
1767
Payton Perry of Evans Peterson Ponsell Poole Pope Poss Rainey Raulerson Reaves Roberts Rowland Russell
Sangster Sewell Shaw Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Story Stuckey Tabb
Todd Tucker of Catoosa Tucker of Burke Waldrop Walker Warren Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Voting in the negative was Mr. Bolton.
Those not voting were Messrs.:
Arnsdorff Bagby Ballard Baughman Bedgood Bell Black Blalock of Coweta Bowen of Toombs Brackin Brooks of Oglethorpe Brooks of Fulton Bynum Byrd Chandler Coker of Cherokee Crummey Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas
Fowler of Treutlen Groover Harrington Hill Houston Hull Hurst Isenberg Johnson of Warren Jones of Worth Jordan of Calhoun Keadle Kelly Killian Knight of Laurens Lee of Clinch Leonard Logan Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McGarity Mitchell Moore Morgan of Newton Newton of Jenkins Parker Perry of Marion
Phillips Pickard Rhodes Richardson Rodgers Roper Rutland Scarborough Shea Shuman Simmons Simpson Singer Smith of Emanuel Smith of Whitfield Steis Teague Towson Underwood of
Montgomery Underwood of Taylor Vaughn Ware Watson Watts White Wilkes Wilson of Cobb Mr. Speaker
On the adoption of the resolution, by substitute, the ayes were 114, nays 1.
1768
JOURNAL OP THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Mr. Bolton of Spalding stated that his voting switch was out of order and that he had no intention of voting "nay". He requested that he be recorded as having voted "aye" on the adoption of HR 57-130.
HR 215-629 By Mr. Causby of Gordon:
A Resolution authorizing the conveyance of two lots belonging to the State of Georgia to Gordon County; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the conveyance of two lots belonging to the State of Georgia to Gordon County; and for other purposes.
WHEREAS, in the year 1949, Gordon County deeded to the State of Georgia a tract of land for and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, said conveyance being recorded in Deed Book No. 24, p. 212 on February 23, 1949; and
WHEREAS, the City of Calhoun, a municipal corporation, in the County of Gordon, in 1955 deeded to the State of Georgia a tract of land for the consideration of one dollar ($1.00) and other valuable considera tion, said conveyance being recorded in Deed Book No. 35 at page 529 on August 11, 1955; and
WHEREAS, both these tracts of land were deeded to the State to be used for facilities for the Georgia National Guard; and
WHEREAS, the State of Georgia is now using other land located in Gordon County which was deeded by that County to the State for one dollar ($1.00) and other valuable consideration, to be used by the State for the Georgia National Guard and thereby making these two tracts vacant and no longer of any use to the State; and
WHEREAS, the State has agreed to reconvey these two tracts of land back to Gordon County as the State no longer has any use for the land for ten dollar ($10.00) and other valuable consideration; and
WHEREAS, said tracts of land are more fully described as follows:
"All that tract, or parcel of land lying and being in the City of Calhoun, said state and county, and minutely described by metes and bounds as follows: Beginning at the southwest corner of the lands herein conveyed (which beginning point is located on the
WEDNESDAY, MARCH 13, 1963
1769
North side of Pine Street at the point of intersection of the East side of Fair Street with said Pine Street) and running thence North along the East right-of-way line of said Fair Street 348.6 feet to a corner marked by an iron stake; thence East a distance of 250 feet to a corner marked by an iron stake; thence South 348.6 feet to a corner North right-of-way line of said Pine Street; thence West along Pine Street 250 feet to the point of beginning. Said tract of land being located in the Southwest corner of a tract of land in the City of Calhoun and known as the John P. King Park."
Also that tract conveyed in 1955 as:
"Beginning at an iron stob on the North side of Pine Street, which said stob marks the Southeast corner of lands of grantee herein, and thence running East along the North side of said Pine Street one hundred (100) feet to an iron stob; thence running North parallel with Fair Street to an iron stob on the South side of McEntire Street; thence running West along the South side of said McEntire Street to an iron stob at the intersection of said McEntire and Fair Street; thence running South along the East side of said Fair Street seventy-five (75) feet, more or less to an iron stob, which said stob marks the Northwest corner of the property of the grantee herein; thence running East along the North line of the property of the grantee herein to an iron stob which marks the Northeast corner of the property of the grantee herein; thence running South along the East line of the property of the grantee herein one hundred (100) feet to the point of be ginning, and being bounded as follows, to wit: On the North by McEntire Street; on the East by property of the grantor herein; on the South by Pine Street and on the West by Fair Street and other property of the grantee herein."
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor is hereby authorized and directed to execute the appropriate instruments on behalf of the State of Georgia to reconvey the above described tracts of land to Gordon County for a consideration of ten dollars ($10.00) and the moral obligation of the State of Georgia to recognize the principal of right and justice.
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:
1770
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brown Busbee Byrd Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis DeVane Dicus Flournoy Floyd Flynt Fowler of Douglas Fulford Funk Gibbons Griffin Groover
Hall Harrell Harris Henderson Herndon Horton House Houston Hurst Johnson of Elbert Jones of Liberty Jones of Lumpkin Jordan of Floyd Keadle Keyton King Kirkland Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Murphy Newton of Jenkins Newton of Colquitt
Odom Pafford Parker Partridge Payton Peterson Ponsell Pope Poss Raulerson Reaves Roberts Rowland Russell Rutland Sewell Shaw Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Teague Todd Underwood of Taylor Waldrop Walker Warren Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Bagby Bell Blalock of Coweta Brackin Brantley Brooks of Oglethorpe
Brooks of Fulton Bynum Caldwell Chandler Crummey Dean of Polk
Deen of Bacon Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols
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1771
Etheridge Fleming Fowler of Treutlen Greene Hale
Harrington Hill Hull Isenberg
Johnson of Warren Jones of Worth
Jones of Muscogee Jordan of Calhoun Kelly Killian
Knight of Laurens Logan Matthews of Colquitt McClelland McCracken McDonald
McGarity Moore Morgan of Newton Mullis Nessmith
Overby Paris Perry of Marion Perry of Evans
Phillips Pickard
Poole Eainey Rhodes Richardson
Rodgers Roper Sangster Scarborough Shea Shuman
Simmons Simpson Singer Smith of Emanuel Smith of Whitfield
Stuckey Towson Tucker of Catoosa Tucker of Burke
Twitty Underwood of
Montgomery Vaughn Ware Wells of Camden
White Wilkes Woodward Mr. Speaker
On the adoption of the Resolution, by substitute, the ayes were 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HR 86-157 By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A Resolution requesting the several State Retirement Systems to invest their funds in home loans on property located in 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.:
Alien Anderson Andrews Arnsdorff
Bagby Barber Baughman Bell
Black Blair Blalock of Clayton Bolton
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JOURNAL OF THE HOUSE,
Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brown Busbee Byrd Caldwell Carr Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Been of Bacon DeVane Duncan of Fannin Echols Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Griffin Groover Hall Harrell Harris Henderson Horton House
Houston Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Colquitt McKemie Melton Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Payton
Perry of Evans Peterson Pickard Ponsell Poss Raulerson Reaves Roper Rowland Russell Rutland Sewell Shaw Shuman Sinclair Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Twitty Underwood of Taylor Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.: Meeks and Pope.
Those not voting were Messrs.:
Abney Acree Ballard Bedgood Blalock of Coweta Brackin Brooks of Oglethorpe
Brooks of Fulton Bynum Chandler Crummey Dean of Polk Dicus Dixon
Dorminy Duncan of Carroll Ether idge Fleming Greene Hale Harrington
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1773
Herndon Hill Hull Hurst Isenberg Johnson of Warren Jones of Liberty Jones of Worth Jordan of Calhoun Keyton Killian King Logan Matthews of Clarke McClelland McCracken McDonald McGarity
Moore Morgan of Newton Mullis Overby Pafford Perry of Marion Phillips Poole Rainey Rhodes Richardson Roberts Rodgers Sangster Scarborough Shea Simmons Simpson
Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Stuckey Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Vaughn Waldrop Wells of Camden White Wilkes Woodward Mr. Speaker
On the adoption of the resolution, the ayes were 131, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 87-157 By Messrs. Chandler of Baldwin, Lambert of Morgan, Shuman of Bryan, Lane of Bulloch and Melton of Spalding:
A Resolution encouraging the home building industry to organize and create its own insuring and regulating agency; 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 Acree Alien Anderson Arnsdorff Bagby Barber Baughman
Bedgood Bell Black Blair Blalock of Clayton Bolton Bowen of Dawson Brackin
Branch Brown Busbee Byrd Caldwell Causby Chance Chandler
1774
JOURNAL OP THE HOUSE,
Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Deen of Bacon DeVane Duncan of Fannin Duncan of Carroll Echols Etheridge Plournoy Floyd Flynt Fowler of Douglas Fulford Funk Gibbons Groover Hall Harrell Harrington Henderson Hill Horton House Houston Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Muscogee Jordan of Floyd Keadle Keyton Killian King
Kirkland Laite Lambert Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Odom Pafford Paris Parker Partridge Perry of Evans Peterson Ponsell Poole Pope Poss Raulerson Reaves
Rhodes Rowland Russell Sangster Scarborough Sewell Shaw Shuman Sinclair Snow Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Twitty Underwood of Tayloi Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Andrews Ballard Blalock of Coweta Bowen of Randolph Bowen of Toombs Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Carr Conger Crummey
Cullens Dean of Polk Dicus Dixon Dorminy Fleming Fowler of Treutlen Greene Griffin Hale Harris Herndon
Hull Johnson of Warren Jones of Liberty Jones of Lumpkin Jordan of Calhoun Kelly Knight of Laurens Knight of Berrien Lane Leonard Logan McClelland
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McCracken McDonald Moore Morgan of Newton Mullis Newton of Colquitt Overby Payton Perry of Marion Phillips Pickard
Rainey Richardson Roberts Rodgers Roper Rutland Shea Simmmons Simpson Singer Smith of Forsyth
Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Spikes Tucker of Burke Underwood of
Montgomery White Wilson of Cobb Mr. Speaker
On the adoption of the Resolution, the ayes were 137, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 622. By Messrs. Laite of Bibb, Towson of Laurens, Meeks of Union, Groover of Bibb, Chandler of Baldwin, Raulerson of Echols and others:
A Bill to be entitled an Act to regulate the sale of firearms of less than fifteen inches in length by any person, so as to provide who shall be required to purchase a license; and for other purposes.
The following amendments were read and adopted:
Mr. Groover of Bibb moves to amend HB 622 by adding to the end of Section 1, the following:
"Nothing in this Act shall apply to or prohibit the casual sales of the articles referred to between individuals."
Mr. Wilkes of Cook moves to amend HB 622 by striking Section 11 in its entirety and inserting in lieu thereof, the following:
"All such fees shall be paid into the general treasury and the funds necessary to pay the expense of administering the same shall be from appropriations made to said Department."
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:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Clayton Bolton Bowen of Dawson Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Davis Dean of Polk Been of Bacon DeVane Dicus Echols Etheridge Fleming Flournoy Floyd Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson
Herndon Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Murphy Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Payton
Perry of Evans Peterson Pickard Ponsell
Poole Pope Poss Raulerson Reaves Richardson Roberts Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Steis Stuckey Tabb Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker
Ware Warren Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
WEDNESDAY, MARCH 13, 1963
Those voting in the negative were Messrs.:
Abney Brackin
Leonard
Lindsey
1777
Those not voting were Messrs.:
Acree Blalock of Coweta Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Causby Crummey Cullens Dixon Dorminy Duncan of Fannin Duncan of Carroll Flynt Fowler of Douglas Fowler of Treutlen
Johnson of Warren Jones of Liberty Lambert Lee of Clinch Logan McClelland McCracken Moore Morgan of Gwinnett Morgan of Newton Mullis Partridge Perry of Marion Phillips Rainey Rhodes
Rodgers Simpson Smith of Emanuel Smith of Whitfield Stalnaker Story Teague Todd Tucker of Burke Wells of Camden White Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 155, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 613 By Messrs. Bolton of Spalding, Killian of Glynn, Fulford of Terrell, Ware of Troup, Wilkes of Cook, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission, so as to provide for the trapping of rabbits; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Natural Resources moves to amend HB 613 by adding at the end of Section 1 thereof the following sentence:
"Provided that nothing contained herein shall be construed to authorize a person to trap a rabbit out of the season provided by law for hunting rabbits in this State.
and by adding after the word "individual" in the third line, a comma and the following language: "members of his family and ten ants."
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JOURNAL OP THE HOUSE,
An amendment offered by Mr. Knight of Berrien was read and ruled out of order.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Deen of Bacon
Duncan of Fannin Echols Etheridge Floyd Flynt Fulford Funk Gibbons Greene Griffin Groover Hale Hall Harrell Harrington Harris Henderson Herndon Hill Horton House Houston Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Keadle Keyton Killian King Kirkland Knight of Berrien Laite Lambert Lane Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Murphy Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson
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1779
Roberts Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Singer Smith of Forsyth
Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Tucker of Catoosa Twitty Underwood of
Montgomery
Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Bolton Roper
Teague
Wilson of Cobb
Those not voting were Messrs.:
Blalock of Coweta Bowen of Toombs Brooks of Oglethorpe Brooks of Fulton Crummey DeVane Dicus Dixon Dorminy Duncan of Carroll Fleming Flournoy Fowler of Douglas Fowler of Treutlen Hull
Johnson of Warren Jones of Liberty Jordan of Floyd Jordan of Calhoun Kelly Knight of Laurens Lee of Clinch Logan Matthews of Colquitt McClelland McCracken McDonald McGarity Moore Morgan of Newton
Mullis Nessmith Perry of Evans Rodgers Simpson Smith of Emanuel Stuckey Towson Tucker of Burke Wells of Camden White Wilkes Mr. Speaker
On the passage of the Bill, as amended, the ayes were 158, nays 4.
The Bill, having received the requisite constitutional majority, was passed as amended.
Mr. Bolton of Spalding stated that his voting switch was out of order and that he had no intention of voting "nay" on the Bill. He requested that the Journal record him as having voted "aye" on the passage of HB 613.
1780
JOURNAL OF THE HOUSE,
HR 145-405. By Mr. Murphy of Haralson:
A Resolution to authorize conveyance of certain property in Buchanan, Georgia, Haralson County, to the Board of Education of Haralson County; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Institutions and Property moves to amend HR 145-405 by striking the words "for a nominal consideration," and inserting in lieu thereof the words for "consideration of $500.00."
An amendment offered by Mr. Murphy of Haralson was read and with drawn.
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 Anderson Andrews Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Brantley Brooks of Oglethorpe Brown Bynum Byrd Caldwell Carr Causby Chance Chandler
Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Been of Bacon DeVane Dicus Duncan of Fannin Echols Etheridge Flournoy Floyd Fowler of Douglas Fulford Funk Gibbons Greene Griffin Groover Hale
Hall Harrell Harrington Harris Henderson Hern don Hill House Houston Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton Killian King Kirkland Knight of Berrien Laite Lambert Lane Lee of Clinch
WEDNESDAY, MARCH 13, 1963
1781
Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Payton
Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Warren Watson Watts Wells of Peach Wells of Oeonee Wells of Camden Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Alien Arnsdorff Bagby Blalock of Coweta Bowen of Toombs Branch Brooks of Fulton Busbee Crummey Dixon Dorminy Duncan of Carroll Fleming Flynt Fowler of Douglas H orton
Hull Johnson of Warren Jones of Liberty Jordan of Calhoun Keadle Kelly Knight of Laurens Logan McClelland McCracken McDonald Melton Moore Morgan of Newton Mullis Overby Pafford
Perry of Marion Phillips Rodgers Simpson Singer Smith of Telfair Smith of Emanuel Towson Tucker of Catoosa Tucker of Burke Ware White Williams of Hall Mr. Speaker Wilkes
On the adoption of the Resolution, as amended, the ayes were 156, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
1782
JOURNAL OF THE HOUSE,
HB 576. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Arnsdorff Ballard Barber Baughman Bedgood Blair Bowen of Randolph Bowen of Dawson Brooks of Oglethorpe Brown Bynuni Byrd Carr Causby Chance Chandler Coker of Cherokee Coker of Turner Conger Cullens Da vis Dean of Polk DeVane Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Floyd Fowler of Douglas Fulford Funk Gibbons Greene
Griffin Hall Harrington Harris Herndon Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King Kirkland Knight of Berrien Lane Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McGarity McKemie Milford Milhollin Mitchell Mixon Moate
Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Paris Parker Partridge Perry of Evans Peterson Ponsell Poole Pope Poss Raulerson Reaves Richardson Roberts Rowland Russell Sangster Scarborough Sewell Shaw Shea Simmons Simpson Sinclair Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey
WEDNESDAY, MARCH 13, 1963
1783
Tabb Teague Tucker of Burke Underwood of
Montgomery Underwood of Taylor
Vaughn Waldrop Walker Ware Watts Wells of Peach
Wells of Oconee Williams of Coffee Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Andrews Bagby Bell Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Busbee Calwdell Clark of Catoosa Clarke of Monroe Conner Crummey Deen of Bacon Dicus Dorminy Fleming Flournoy Flynt Fowler of Treutlen
Groover Hale Harrell Henderson Hill Horton House Johnson of Warren Jones of Liberty Keadle Kelly Knight of Laurens Laite Lee of Clayton Logan Lokey McClelland McCracken McDonald Meeks Melton Moore Morgan of Newton Mullis Odom Pafford
Payton Perry of Marion Phillips Pickard Rainey Rhodes Rodgers Roper Rutland Shuman Singer Smith of Telfair Smith of Emanuel Todd Towson Tucker of Catoosa Twitty Warren Watson Wells of Camden White Wilkes Williams of Hall Wilson of Brantley Mr. Speaker
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 548. By Messrs. Lee and Odom of Dougherty: A Bill to be entitled an Act to define collection agencies for the pro tection of the public; to provide for the filing of a bond by collection agencies; to exempt the provisions of this Act from application to cer tain persons, firms and corporations; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1784
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 Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Branch Brown Busbee Bynum Byrd Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Davis Deen of Bacon DeVane Dixon Duncan of Fannin Etheridge Fleming Flournoy Floyd Fulford Funk Gibbons Greene Griffin Groover Hale Hall
Harrell Harrington Herndon Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keyton Killian King Kirkland Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McGarity Meeks Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom
Paris Parker Payton Perry of Evans Peterson Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rowland Russell Sangster Scarborough Sewell Shaw Shea Shuman Sinclair Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Story Stuckey Teague Underwood of
Montgomery Underwood of Taylor Vaughn Walker Ware Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
WEDNESDAY, MARCH 13, 1963
1785
Those not voting were Messrs.:
Bagby Bedgood Bell Blalock of Clayton Bowen of Toombs Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Clark of Catoosa Crummey Cullens Dean of Polk Dicus Dorminy Duncan of Carroll Echols Flynt Fowler of Douglas Fowler of Treutlen Harris Henderson
Hill Johnson of Warren Jones of Liberty Jordan of Calhoun Keadle Kelly Knight of Berrien Lambert Logan Lokey McCracken McDonald McKemie Melton Moore Mullis Overby Pafford Partridge Perry of Marion Phillips Pickard Ponsell
Rainey Rodgers Roper Rutland Simmons Simpson Singer Smith of Telfair Smith of Emanuel Steis Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Waldrop Warren Watson Wells of Camden White Wilkes Mr. Speaker
On the passage of the Bill, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 504. By Messrs. Bynum of Rabun, Overby of Hall, Paris of Barrow, Mc Donald of White, Barber of Jackson, Poole of Pickens and many others:
A Bill to be entitled an Act to amend an Act providing for the main tenance of standards of sanitation for food service establishments, so as to provide that non-profit schools and institutions serving familystyle meals shall not be included under any law regulating the dis pensing of milk; and for other purposes.
The following amendment was read and adopted:
Mr. Bynum of Rabun moves to amend HB 504 by adding the following words after the words "sanitary requirements" in each in stance in Section 1, to-wit: "and all milk shall be properly pasteurized."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
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JOURNAL OP 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.:
Abney Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bell Blair Blalock of Clayton Bowen of Dawson Bowen of Toombs Branch Brown Bynum Byrd Caldwell Carr Chandler Coker of Cherokee Coker of Turner Cullens Deen of Bacon DeVane Dixon Duncan of Fannin Fleming Flournoy Flynt Fulford Funk Groover Harrell Harrington Harris Henderson Horton House Houston Hull
Hurst Isenberg Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Kelly Killian King Kirkland Knight of Berrien Laite Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McCracken McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Odom Paris Parker Partridge Payton Perry of Evans
Peterson Ponsell Poole Pope Poss Raulerson Roberts Rowland Rutland Sangster Sewell Shea Shuman Simmons Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watts Wells of Peach Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Blalock of Coweta Bolton Busbee
Keyton Russell Smith of Telfair
Smith of Habersham
WEDNESDAY, MARCH 13, 1963
1787
Those not voting were Messrs.:
Acree Bagby Bedgood Black Bowen of Randolph Brackin Brantley Brooks of Oglethorpe Brooks of Pulton Causby Chance Clark of Catoosa Clarke of Monroe Conger Conner Crummey Da vis Dean of Polk Dicus Dorminy Duncan of Carroll Echols Etheridge Floyd Fowler of Douglas Fowler of Treutlen Gibbons
Greene Griffin Hale Hall Herndon Hill Johnson of Elbert Johnson of Warren Jones of Liberty Jordan of Calhoun Keadle Knight of Laurens Lambert Lane Lee of Clinch Leonard Logan Mackay Matthews of Colquitt McCracken McDonald Moore Mullis Newton Overby Pafford
Perry of Marion Phillips Pickard Rainey Reaves Rhodes Richardson Rodgers Roper Scarborough Shaw Simpson Sinclair Teague Tucker of Catoosa Twitty Walker Ware Warren Watson Wells of Oconee Wells of Caniden White Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 119, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 90. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Sec. 68-510 of the Code of Georgia of 1933, as amended, redefining the powers of the Public Service Com mission to fix fares, rates and charges for transportation of passengers and 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:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Ballard Barber Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brown Busbee Bynum Caldwell Carr Causby Coker of Cherokee Coker of Turner Cullens Davis Dean of Clayton DeVane Dixon Duncan of Fannin Echols Etheridge Fulford Funk Gibbons Hale Hall Harrell Harrington Harris Henderson Herndon Horton
House Houston Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian King Kirkland Laite Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McKemie Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odum Paris Parker Partridge Payton Perry of Evans Peterson Ponsell
Poole Pope Poss Reaves Richardson Roberts Rowland Russell Rutland Sangster Sewell Shaw Shea Simmons Sinclair Singer Smith of Porsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Andrews Bagby Baughman Bedgood Bolton Brackin Branch
Brantley Brooks of Oglethorpe Brooks of Fulton Byrd Chance Chandler Clark of Catoosa
Clarke of Monroe Conger Conner Crummey Deen of Bacon Dicus Dorminy
WEDNESDAY, MARCH 13, 1963
1789
Duncan of Carroll Fleming Plournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Greene Griffin Groover Hill Hull Johnson of Warren Jones of Liberty Jones of Lumpkin Keadle Kelly Knight of Laurens Knight of Berrien Lambert
Lane Lee of Clinch Logan Lowrey McCracken McDonald McGarity Meeks Melton Moate Moore Mullis Murphy Overby Pafford Perry of Marion Phillips Pickard Rainey Raulerson
Rhodes Rodgers Roper Scarborough Shuman Simpson Teague Todd Towson Tucker of Catoosa Walker Ware Warren Watson Watts Wells of Camden White Wilson of Cobb 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.
HB 632. By Mr. Brantley of Candler:
A Bill to be entitled an Act to amend an Act providing that the au thorities of any municipal corporation shall not levy or collect any tax or license from a traveling salesman engaged in taking orders for the sale of goods where no delivery of goods is made at the time of taking such orders; and for other purposes.
The Committee substitute was read and withdrawn.
The following substitute, offered by Mr. Brantley of Candler was read:
A BILL
To be entitled an Act to amend Code Section 92-4105 providing that the authorities of any municipal corporation shall not levy or collect any tax or license from certain traveling salesmen engaging in taking orders for the sale of goods where no delivery of goods is made at the time of taking such orders, as amended, so as to provide that the govern ing authorities of municipal corporations shall be authorized to levy and collect a tax or license from certain traveling salesmen engaged in tak ing orders or delivering goods, or engaged in taking orders and deliver-
1790
JOURNAL OF THE HOUSE,
ing goods to a consumer, except agricultural products, notwithstanding the fact that such goods may be delivered after the orders have been taken; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 92-4105 providing that the authorities of any municipal corporation shall not levy or collect any tax or license from certain traveling salesmen engaging in taking orders for the sale of goods where no delivery of goods is made at the time of taking such orders, as amended, is hereby amended by striking Subsection (a) in its entirety and inserting in lieu thereof a new Subsection (a) to read as follows:
"(a) A traveling salesman engaged in taking orders for the sale of goods where no delivery of goods is made at the time of taking such order; provided, however, the governing authorities of municipal corporations are hereby authorized and empowered to levy and collect a tax or license from a traveling salesman en gaged in taking orders and delivering goods to a consumer, except agricultural products, notwithstanding the fact that such goods may be delivered after the orders have been taken."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the Floor substitute was read and adopted:
Mr. Smith of Habersham moves to amend the Brantley substitute to HB 632 by adding the words "produced by said salesman" after the statement "except agricultural products" as it appears in Section 1, next to the last line.
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, 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:
WEDNESDAY, MARCH 13, 1963
1791
Those voting in the affirmative were Messrs.:
Abney Acree Alien Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe
Brown Byrd Carr Causby Chance Chandler Coker of Cherokee Coker of Turner
Da vis Dean of Polk Dixon Dorminy Duncan of Fannin
Echols Etheridge Flournoy
Floyd Fulford Funk Hale Hall Harrell Harrington Henderson
Herndon House Hurst Isenberg Johnson of Elbert Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian Kirkland Laite Lambert Lee of Clayton Lewis Lindsey Lokey Lowrey
Mackay Matthews of Douglas McClelland McKemie Milford Milhollin Mitchell
Mixon Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Partridge Payton Perry of Evans Peterson Ponsell
Poole Pope Raulerson
Reaves Richardson Roberts Roper Rowland Russell Rutland Scarborough Sewell Shaw Shea Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Todd Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Busbee Houston
Jones of Worth Lee of Dougherty
Leonard Poss
1792
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Anderson Andrews Arnsdorff Bagby Blalock of Clayton Bowen of Toombs Brooks of Fulton Bynum Caldwell Clark of Catoosa Clarke of Monroe Conger Conner Crummey Cullens Deen of Bacon DeVane Dicus Duncan of Carroll Fleming Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Griffin
Groover Harris Hill Horton Hull Johnson of Warren Keadle Kelly King
Knight of Laurens Knight of Berrien Lane Lee of Clinch Logan Matthews of Colquitt McCracken McDonald McGarity Meeks Melton Moate Moore Morgan of Newton Mullis Odom Overby
Pafford Paris Parker Perry of Marion Phillips Pickard Rainey Rhodes Rodgers Sangster Shuman Simpson Teague Towson Tucker of Catoosa Tucker of Burke Walker Ware Warren Wells of Camden White Wilkes Woodward Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 122, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to House amendment No. 3 thereto:
SB 84. By Senator Pannell of the 54th:
A Bill to be entitled an Act to provide analternate method for furnish ing survivors' benefits for the eligible members of the Employees' Re tirement System of Georgia; and for other purposes.
Mr. Bolton of Spalding moved that the House insist on its position in amending SB 84 and the motion prevailed.
WEDNESDAY, MARCH 13, 1963
1793
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 91. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Section 68-618 of the Code of Georgia of 1933 concerning the regulation of "Motor common carriers"; and for other purposes.
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 Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Busbee Bynum Byrd Caldwell Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon
DeVane Dixon Dorminy Duncan of Fannin Etheridge Floyd Fulford Funk Hall Harrell Harrington Harris Henderson Herndon Horton House Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Kelly Keyton Killian King Kirkland Knight of Laurens Lee of Clinch
Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay McClelland McGarity McKemie Milford Milhollin Mitchell Morgan of Gwinnett Murphy Newton of Jenkins Odom Paris Partridge Perry of Evans Peterson Ponsell Poole Pope Raulerson Reaves Rhodes Richardson Roberts
1794
JOURNAL OF THE HOUSE,
Rowland Russell Rutland Sangster Sewell Shea Simmons Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Towson Tucker of Burke Twitty Underwood of
Montgomery
Underwood of Taylor Vaughn Waldrop Ware Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs. :
Bagby Bedgood Bolton Bowen of Dawson Brackin Branch Brantley Brooks of Fulton Brown Causby Clark of Catoosa Conger Crummey Cullens Davis Dicus Duncan of Carroll Echols Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Griffin
Groover Hale Hill
Houston Hull
Johnson of Warren Jones of Liberty
Jordan of Floyd Keadle Knight of Berrien Laite Lambert Lane Logan Matthews of Clarke Matthews of Colquitt McCracken McDonald Meeks
Melton Mixon Moate Moore Morgan of Newton Mullis Nessmith
Newton of Colquitt
Overby Pafford Parker Payton Perry of Marion Phillips
Pickard Poss Rainey Rodgers Roper Scarborough Shaw Shuman Simpson Singer Todd
Tucker of Catoosa Walker Warren Wells of Camden White Wilkes Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 127, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 93. By Senators Loggins of the 53rd, Lee of the 47th, Hall of the 52nd and Pannell of the 54th:
A Bill to be entitled an Act to amend Section 68-514 of the Code of
WEDNESDAY, MARCH 13, 1963
1795
Georgia of 1933 concerning the regulation of "motor carriers"; and for other purposes.
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 Acree Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair Blalock of Clayton Bowen of Randolph Bowen of Toombs Brooks of Oglethorpe Brown Busbee Bynum Caldwell Carr Causby Chance Chandler Coker of Cherokee Coker of Turner Conner Dean of Polk Deen of Bacon DeVane Dixon Duncan of Fannin Etheridge Flournoy Fulford Funk Griffin Hall Harrington
Harris Henderson Herndon House Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian King Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke McClelland McKemie Meeks Milford Milhollin Mitchell Mixon Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins
Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Evans Peterson Ponsell Poole Pope Raulerson Reaves Rhodes Richardson Roberts Russell Rutland Sangster Sewell Shaw Shea Sirnmons Sinclair Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Tucker of Burke
1796
JOURNAL OF THE HOUSE,
Twitty Underwood of Taylor Waldrop Ware Watson
Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee
Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Alien Bedgood Blalock of Coweta Bolton Bowen of Dawson Brackin Branch Brantley Brooks of Fulton Byrd Clark of Catoosa Clarke of Monroe Conger Crummey Cullens Davis Dicus Dorminy Duncan of Carrroll Echols Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen
Gibbons Greene Groover Hale Harrell Hill Horton Houston Hull Jones of Liberty Keadle Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Matthews of Colquitt McCracken McDonald McGarity Melton Moate Moore
Mullis Pafford Perry of Marion Phillips Pickard Poss Rainey Rodgers Roper Rowland Scarborough Shuman Simpson Singer Todd Towson Tucker of Catoosa Underwood of
Montgomery Vaughn Walker Warren Wells of Camden White Mr. Speaker
On the passage of the Bill, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 23. By Senator Loggins of the 53rd:
A Bill to be entitled an Act to amend Section 68-502, Code of Ga. of 1933, as amended, defining certain terms used in Chapter 68-5, Code of Ga. of 1933, as amended, concerning regulation of "motor carriers", so as to provide that the term "motor carrier"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, MARCH 13, 1963
1797
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Andrews Arnsdorff Barber Baughman Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brooks of Oglethorpe Brown Busbee Bynum Caldwell Carr Causby Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Dean of Polk Deen of Bacon Dixon Duncan of Fannin Echols Etheridge Fulford Funk Griffin Hall Harrell
Henderson Herndon Hurst
Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Lambert Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis Lindsey Mackay Matthews of Clarke McClelland McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Evans Peterson Ponsell Poole Pope
Raulerson Reaves Rhodes Richardson Roberts Rowland Russell Rutland Sangster Sewell Shaw Shea Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Tucker of Burke Twitty Underwood of Taylor Vaughn Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
1798
JOURNAL OF THE HOUSE,
Those not voting were Messrs.:
Abney Bagby Ballard Bedgood Bell Bolton Brackin Branch Brooks of Pulton Byrd Chandler Clark of Catoosa Conger Crummey Davis DeVane Dicus Dorminy Duncan of Carroll Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Groover
Hale Harrington Harris Hill Horton House Houston Hiull Johnson of Warren Jones of Liberty Jones of Worth Jordan of Floyd Knight of Laurens Knight of Berrien Laite Lane Leonard Logan Lokey Lowrey Matthews of Colquitt McCracken McDonald Melton Moate Moore Morgan of Newton Mullis
Pafford Payton Perry of Marion Phillips Pickard Poss Rainey Rodgers Roper Scarborough Shuman Simpson Smith of Emanuel Towson Tucker of Catoosa Underwood of
Montgomery Waldrop Walker Ware Warren Wells of Camden White Wilkes Williams of Hall 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 102. By Senator Carlton of the 21st:
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 any person may stop and park a school bus on any road to discharge pass engers who are teachers, students, or employees of a school; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Education moves to amend SB 102 as follows: At the end of Section 1, subsection "d" strike the period,
substitute a comma and continue quotation "for any other activities authorized by appropriate school authorities."
WEDNESDAY, MARCH 13, 1963
1799
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 Acree Alien Anderson Arnsdorff Bagby Barber Baughman Bedgood Bell Black Blair Blaloek of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brooks of Oglethorpe Brown Busbee Byrd Caldwell Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dorminy Dunean of Fannin Echols Etheridge Floyd Fulford Funk
Griffin Hale Hall Harrell Harrington Harris Henderson Herndon Horton House Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Kirkland Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Meeks Milford Milhollin Mixon Morgan of Gwinnett
Murphy
Nessmith Newton of Jenkins Newton of Colquitt
Odom Overby Paris Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Raulerson Reaves Richardson Roberts Russell Rutland Sangster Scarborough Sewell Shaw Shea Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Tucker of Burke Twitty Underwood of Taylor
1800
Vaughn Watson Watts Wells of Peach
JOURNAL OF THE HOUSE,
Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall
Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Andrews Ballard Brackin Branch Brooks of Fulton Bynum Clark of Catoosa Conger Crummey Dicus Dixon Duncan of Carroll Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Groover Hill
Houston Hull Johnson of Warren Jones of Liberty Jones of Worth Kelly Knight of Laurens Knight of Berrien Laite Logan Matthews of Colquitt McCracken Melton Mitchell Moate Moore Morgan of Newton Mullis Pafford Parker Payton
Phillips Pickard Poss Rainey Rhodes Rodgers Roper Rowland Shuman Simpson Towson Tucker of Catoosa Underwood of
Montgomery Waldrop Walker Ware Warren White Wilkes Mr. Speaker
On the passage of the Bill, as amended, the ayes were 143, nays 0.
The Bill, having received the requisite Constitutional majority, was passed, as amended.
SB 106. By Senator Spinks of the 9th and Rowan of the 8th: A Bill to be entitled an Act to amend Code Chap. 84-3 pertaining to architects, so as to provide credit to military personnel for satisfactory architectural experience gained while in military service; and for other purposes.
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 roll call was ordered and the vote was as follows:
WEDNESDAY, MARCH 13, 1963
1801
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Etheridge Fulford Funk Hale Hall Harrell
Harrington Harris Henderson Herndon Horton House Hurst Isenberg Johnson of Elbert Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Berrien Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McDonald MccGarity McKemie Melton Milford Milhollin Mixon Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Paris
Partridge Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Raulerson Reaves Rhodes Richardson Roberts Rowland Russell Rutland Sangster Scarborough Sewell Shaw Shea Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Story Tabb Todd Twitty Underwood of Taylor Vaughn Waldrop Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Ballard Brackin Branch
Brooks of Fulton Clark of Catoosa Clarke of Monroe
Conger Crummey Dicus
1802
JOURNAL OF THE HOUSE,
Dixon Duncan of Carroll Echols Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Griffin Groover Hill Houston Hull Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin
Jordan of Floyd Knight of Laurens Lane Logan Matthews of Colquitt McCracken Meeks Mitchell Moate Moore Morgan of Newton Mullis Pafford Parker Payton Phillips Pickard Poss Rainey Rodgers
Roper Shuman Simpson Smith of Emanuel Steis Stuckey Teague Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Walker Ware Warren White Wilkes Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 68. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Chapter 13-9 relating to the incorporation of banks, as amended, so as to require that all the capital stock of every bank applying for charter be paid in; and for other purposes.
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 Acree Alien Anderson Andrews Arnsdorff
Bagby Barber Baughman Bedgood Bell Black
Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson
WEDNESDAY, MARCH 13, 1963
1803
Brooks of Oglethorpe Brown Busbee Byrd Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Etheridge Plournoy Floyd Fulford Funk Hale Harrington Harris Herndon Horton House Isenberg Johnson of Elbert Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian
Kirkland Lambert Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McDonald MccGarity McKemie Meeks Milford Milhollin Mixon Morgan of Gwinnett Nessmith Newton of Jenkins Newton of Colquitt Odom Paris Partridge Perry of Evans Peterson Ponsell Poole Pope Raulerson Reaves Richardson Roberts Rowland
Russell Sangster Sewell Shea Simmons Simp son Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb Teague Todd Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Ballard Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Bynum Caldwell Causby Chandler Clark of Catoosa Conger Crummey Dicus Dixon
Duncan of Carroll Echols Fleming Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Griffin Groover Hall Harrell Henderson Hill Houston
Hull Hurst Johnson of Warren Jones of Liberty Jones of Worth Jones of Lumpkin Kelly King Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Logan Matthews of Colquitt
1804
JOURNAL OF THE HOUSE,
McCracken Melton Mitchell Moate Moore Morgan of Newton Mullis Murphy Overby Pafford Parker Payton
Perry of Marion Phillips Pickard Poss Rainey Rhodes Rodgers Roper Rutland Scarborough Shaw Shuman
Towson Tucker of Catoosa Underwood of
Montgomery Walker Ware Warren White Wilkes Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 69. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-308, relating to the Superintendent of Banks' office and residence, so as to provide that the Superintendent's office shall not be open on Saturdays; and for other purposes.
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 Acree Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bell Blair Blalock of Coweta Blalock of Clayton Bolton
Bowen of Dawson Bowen of Toombs Brown Busbee Bynum Byrd Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens
Davis Dean of Polk Deen of Bacon DeVane Duncan of Fannin Echols Etheridge Flournoy Fulford Funk Hale Hall Harrington Harris
WEDNESDAY, MARCH 13, 1963
1805
Henderson Herndon House Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Kirkland Lambert Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay McClelland McDonald McGarity McKemie Milford Mixon
Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Odom Paris Partridge Perry of Evans Peterson Ponsell Poole Pope Raulerson Reaves Richardson Roberts Roper Rowland Russell Sangster Sewell Shea Simmons Simpson Sinclair Smith of Forsyth
Smith of Emanuel Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Story Stuckey Tabb Teague Todd Tucker of Burke Twitty Underwood of Taylor
Vaughn Waldrop Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Ballard Bedgood Black Bowen of Randolph Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Caldwell Causby Clark of Catoosa Conger Crummey Dicus Dixon Dorminy Duncan of Carroll Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Gibbons
Greene Griffin Groover Harrell Hill Horton Houston Hull Hurst Isenberg Johnson of Warren Jones of Liberty Jones of Worth Jordan of Floyd Killian King Knight of Laurens Knight of Berrien Laite Lane Lee of Clayton Logan Matthews of Clarke Matthews of Colquitt
McCracken Meeks Melton Milhollin Mitchell Moate Moore Morgan of Newton Mullis Newton of Colquitt Overby Pafford Parker Payton Perry of Marion Phillips Pickard Poss Rainey Rhodes Rodgers Rutland Scarborough Shaw
1806
JOURNAL OF THE HOUSE,
Shuman Singer Steis Towson Tucker of Catoosa
Underwood of Montgomery
Walker Ware Warren
White Wilkes Williams of Hall Mr. Speaker
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 70. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-2024, relating to ownership of real estate by banks, so as to change the percentage that a bank may invest in real and personal 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:
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Bagby Barber Baughman Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson
Brooks of Oglethorpe Brown Busbee Byrd Carr
Chance Chandler Clarke of Monroe Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Etheridge Flournoy Fulford Funk Hale
Hall Harrington Harris Henderson Herndon
Horton House Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Kirkland Lambert Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Lokey Lowrey
WEDNESDAY, MARCH 13, 1963
1807
Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Milford Mixon Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Odom Paris Partridge Perry of Evans Peterson Ponsell Poole Raulerson
Reaves Richardson Roberts Roper Rowland Russell Sangster Scarborough Shaw Shea Simmons Simpson Sinclair Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker
Steis Story Stuckey Tabb Teague Todd Tucker of Burke Twitty Underwood of Taylor Waldrop Watson Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Ballard Bedgood Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Bynum Caldwell Causby Clark of Catoosa Coker of Cherokee Coker of Turner Conger Crummey Dicus Dixon Duncan of Carroll Echols Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Griffin
Groover Harrell Hill Houston Hull Hurst Johnson of Warren Jones of Liberty Jones of Worth King Knight of Laurens Knight of Berrien Laite Lane Lee of Clinch Logan Matthews of Colquitt McCracken Meeks Melton Milhollin Mitchell Moate Moore Morgan of Newton Mullis Newton of Colquitt Overby
Pafford Parker Payton Perry of Marion Phillips Pickard Pope Poss Rainey Rhodes Rodgers Rutland Sewell Shuman Singer Smith of Forsyth Towson Tucker of Catoosa Underwood of
Montgomery Walker Ware Warren Watts Wells of Peach White Wilkes Mr. Speaker
On the passage of the Bill, the ayes were 122, nays 0.
1808
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 71. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-904, relating to applications for bank charters so as to change the fee paid by applicants.
Mr. Murphy of Haralson moved that further consideration of SB 71 be postponed until March 14, 1963, and the motion was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Andrews Arnsdorff Bagby Barber Bedgood Bell Blalock of Coweta Blalock of Clayton Bolton Brantley Brooks of Oglethorpe Brown Byrd Caldwell Chance Clarke of Catoosa Conner Cullens Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Duncan of Carroll Etheridge Flournoy
Fulford Funk Harrell Harris Henderson House Isenberg Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kirkland Lambert Lee of Dougherty Lewis Mackay Matthews of Clarke McClelland McDonald McGarity Milhollin Mitchell Nessmith Newton of Jenkins Perry of Evans Peterson Ponsell
Poole Richardson Rowland Rutland Shea Simmons Sinclair Smith of Emanuel Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Tabb Teague Tucker of Burke Twitty Vaughn Waldrop Watson Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
WEDNESDAY, MARCH 13, 1963
1809
Those voting in the negative were Messrs.:
Abney Acree Anderson Ballard Baughman Blair Bowen of Randolph Bowen of Dawson Carr Causby
Davis Harrington Johnson of Elbert Keyton Leonard Lindsey Lowrey McKemie Milford Murphy
Paris Raulerson Reaves Russell Sewell Shaw Smith of Telfair Snow Woodward
Those not voting were Messrs.:
Black Bowen of Toombs Brackin
Branch Brooks of Fulton Busbee Bynum Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conger Crummey Dicus Dixon Echols Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen
Gibbons Greene Griffin Groover Hale Hall Herndon Hill Horton Houston Hull
Hurst Johnson of Warren Jones of Liberty Jones of Worth Jordan of Floyd Kelly Killian King Knight of Laurens Knight of Berriens Laite Lane Lee of Clinch Lee of Clayton Logan Lokey Matthews of Colquitt McCracken Meeks Melton Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Mullis Newton of Colquitt Odom Overby Pafford Parker Partridge
Payton Perry of Marion
Phillips Pickard
Pope Poss Rainey Rhodes Roberts Rodgers Roper Sangster Scarborough Shuman Simpson Singer Smith of Porsyth
Story Stuckey Todd Towson Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor
Walker Ware Warren Watts Wells of Camden White
Mr. Speaker
On the passage of the Bill, the ayes were 81, nays 29.
The Bill, having failed to receive the requisite constitutional majority, was lost.
1810
JOURNAL OF THE HOUSE,
Mr. Mackay of DeKalb gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 71.
SB 64. By Senators Miller of the 50th, Smalley of the 28th, and Johnson of the 42nd:
A Bill to be entitled an Act to amend the Georgia Insurance Code so as to provide for penalty for false oath to procure benefit from an insurance policy, and for other purposes.
By unanimous consent, further consideration of SB 64 was postponed until March 14, 1963.
The following Bill of the House was taken up for the purpose of consider ing the report of the Conference Committee thereon:
HB 48. By Messrs. Smith of Grady, Bolton of Spalding, and others: A Bill to be entitled an Act to provide appropriations for the fiscal years 1963 and 1964 for the operation of the State Government, and for other purposes.
The following report of the Conference Committee was read:
Mr. President: Mr. Speaker:
The Conference Committee on HB 48 recommends as follows:
That the House recede from its position on all Senate Amendments to said Bill, except to Sections 16F, 18, 20 and 48.
The Conference Committee recommends that the Senate recede from its position on the aforesaid Sections and that both the House and Senate adopt the following Amendments to said Sections:
(1) By striking from Subsection F of Section 16 from HB 48 as passed by the House of Representatives, the following:
"1963-64 -- $200,000.00"
and inserting in lieu thereof the following: "1963-64 -- $300,000.00"
(2) By striking from Section 18 the figures $184,512,500.00" and
WEDNESDAY, MARCH 13, 1963
1811
"$195,100,000.00", and inserting in lieu thereof the figures "$184,175,500.00" and "$194,601,000.00", respectively.
By adding after the above figures the following:
"Provided that the Governor's recommendation for grants for in-service training contained in the Budget Report shall be reduced in the amount of $190,000.00 for 1963-64 and in the amount of $327,000.00 for 1964-65, for the purpose of providing funds to supplement payment to the older retired school teachers under Section 20 of this Act.
"Provided further, that the Governor's recommendation for tuition-students (non-sectarian) contained in the Budget Report shall be reduced in the amount of $147,000.00 for the fiscal year 1963-64 and $172,000.00 for the fiscal year 1964-65."
(3) By striking the figures "$14,500,000.00" and $15,700,000.00" in Section 20, and inserting in lieu thereof the figures "$14,847,000.00" and "$16,047,000.00", respectively, and adding after such figures the following:
"Provided, however, that out of the above amounts, the sum of $347,000, which is the amount of the increase over the Gov ernor's recommendation as contained in the Budget Report, for each of the two fiscal years covered by this Act, shall be expend ed for the purpose of supplementing regular payments to those teachers who retired prior to July 1, 1961, by implementing to the full extent of such funds, the provisions of an Act approved March 6, 1962 (Ga. Laws 1962, p. 666), which Act provided for a min imum floor for such teachers."
(4) By striking from the Senate Amendment to Section 48 of said Bill, the figures "$465,398,092.90" and "$488,791,352.90", and in serting in lieu thereof the figures "$465,448,092.90" and "$488,741,352.90", respectively, so that the totals for the two fiscal years as contained in HB 48 shall read as follows:
"Total Appropriations _._..._._ 1963-64 -- $465,448,092.90
"Total Appropriations --._-.- 1964-65 -- $488,741,352.90"
The Conference Committee further recommends that Section 4 of said Bill be amended by striking the figures "$1,500,000.00" as it ap pears in two places in said Section and inserting in lieu thereof the figure "$1,530,000.00" in each of said places.
Respectfully submitted:
D. D. Blalock Wilson Wilkes George D. Busbee Hugh M. Gillis Milton A. Carlton Charles A. Pannell
1812
JOURNAL OP THE HOUSE,
Mr. Bolton of Spalding moved that the House adopt the report of the Conference Committee on HB 48.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brantley Brooks of Oglethorpe Brown Busbee Byrd Caldwell Carr Causby Chance Chandler Clarke of Monroe Coker of Turner Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Flournoy Floyd Fulford
Funk Groover Hale Hall Harrell Harrington Harris Henderson Herndon House Houston Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Keyton Killian Kirkland Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Milford Milhollin Mitchell Mixon Morgan of Gwinnett Nessmith Newton of Jenkins Odom
Paris Parker Partridge Perry of Evans Peterson Ponsell Poole Poss Rainey Raulerson Reaves Richardson Roberts Roper Rowland Russell Rutland Sangster Sewell Shaw Shea Simmons Sinclair Singer Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Warren Watson Watts
WEDNESDAY, MARCH 13, 1963
1813
Wells of Peach Wells of Oconee Wilkes
Williams of Coffee Williams of Hall Wilson of Brantley
Wilson of Cobb Woodward
Those voting in the negative was Mr. Abney.
Those not voting were Messrs.:
Bowen of Toombs Brackin Branch Brooks of Fulton Bynum Clark of Catoosa Coker of Cherokee Conger Crummey Dicus Dixon Fleming Flynt Fowler of Douglas Fowler of Treutlen Gibbons Greene Griffin Hill Horton Hull Hurst
Isenberg Jones of Liberty Jones of Worth Jordan of Floyd Kelly King Knight of Laurens Knight of Berriens Lane Logan Matthews of Colquitt McCracken Meeks Melton Moate Moore Morgan of Newton Mullis Murphy Newton of Colquitt Overby Pafford
Payton Perry of Marion Phillips Pickard Pope Rhodes Rodgers Scarborough Shuman Simp son Smith of Forsyth Stuckey Towson Tucker of Catoosa Underwood of
Montgomery Walker Ware Wells of Camden White Mr. Speaker
On the motion to adopt, the ayes were 140, nays 1.
The report of the Conference Committee on HB 48 was adopted.
The following Resolutions of the House were read and adopted:
HR 258. By Mr. Laite of Bibb:
A RESOLUTION
Relative to the State Highway Department to use domestic ma terials in constructing and repairing roads and bridges; and for other purposes.
1814
JOURNAL OF THE HOUSE,
WHEREAS, the State Highway Department builds and maintains the roads and bridges of this great State; and
WHEREAS, materials used in this work should be materials that are made and manufactured in this great State as much as possible;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department use domestic materials made and manufactured in this great State of Geor gia as much as possible in relation to any type work by said Department.
HR 259. By Messrs. Watson of Pike, Melton and Bolton of Spalding:
A RESOLUTION
Expressing regret at the passing of Albert William Quattlebaum; and for other purposes.
WHEREAS, on March 11, 1963, Albert William Quattlebaum passed away after having suffered a heart attack; and
WHEREAS, for the past five years Mr. Quattlebaum had been editor of the Pike County Journal; and
WHEREAS, Mr. Quattlebaum was an outstanding member of the business, civic and religious community; and
WHEREAS, he was widely known for his honesty and integrity and for his steadfastness of convictions; and
WHEREAS, his contributions to his community, county, and State will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this Body does hereby express its sincerest and deepest sympathy to the members of this outstanding Georgian's family.
BE IT FURTHER RESOLVED, that the Clerk of the House is hereby authorized and instructed to transmit a suitable copy of this Resolution to Mrs. A. W. Quattlebaum, Zebulon, Georgia.
HR 260. By Mr. Groover of Bibb:
A RESOLUTION
Extending sympathy to Mrs. Joyce Cook; and for other purposes.
WHEREAS, Honorable Walter C. Jones of Fulton County passed away on the 13th day of March, 1963; and
WEDNESDAY, MARCH 13, 1963
1815
WHEREAS, Honorable Walter C. Jones was a distinguished citizen of Atlanta, Georgia; and
WHEREAS, Honorable Walter C. Jones was the maternal grand father of Mrs. Joyce Cook, the distinguished journal clerk for the House of Representatives; and
WHEREAS, the death of Honorable Walter C. Jones is a great loss to the community in which he lived and to the State of Georgia and he will be greatly missed by all those who knew him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body does hereby extend to Mrs. Joyce Cook and the other members of the family of Honorable Walter C. Jones their sincerest regrets and sympathy.
BE IT FURTHER RESOLVED that in token of our common grief, the Clerk of the House of Representatives is hereby authorized and di rected to transmit an appropriate copy of this Resolution with the seal of the House of Representatives affixed thereto to Mrs. Joyce Cook and the other members of the family of Honorable Walter C. Jones.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to place a copy of this Resolution in the Journal of the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Special Judiciary:
HR 261. By Messrs. Newton of Colquitt, Matthews of Clarke and many others:
A RESOLUTION
Relating to a new Agricultural-Engineering Building at the Uni versity of Georgia; and for other purposes.
WHEREAS, agricultural production has always produced the great est income for the State of Georgia; and
WHEREAS, a great number of persons in this State are presently engaged in the production and marketing of agricultural products; and
WHEREAS, in these days of modern technique and modern ma chinery, it is ever more important that the future farmers of this State be instructed in these modern methods; and
WHEREAS, the Agricultural Department of the University of Georgia has in the past, produced outstanding leaders in the field of agriculture; and
1816
JOURNAL OP THE HOUSE,
WHEREAS, the Agricultural Department of the University of Georgia has grown faster and continues to grow faster than that of any University in the Nation; and
WHEREAS, the present Agricultural and Engineering Building at the University of Georgia cannot now serve the needs of the Agricultural Department; and
WHEREAS, qualified students are now being denied advance educa tion in agriculture because of inadequate facilities furnished by the present Agricultural-Engineering Building at the University of Georgia; and
WHEREAS, a new, enlarged Agricultural-Engineering Building at the University of Georgia would benefit the entire growth of the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Board of Regents be instructed to im mediately take necessary measures for the construction and equipping of an Agricultural-Engineering Building at the University of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to the Board of Regents.
HR 262. By Messrs. Newton of Colquitt and Mixon of Irwin:
A RESOLUTION
Creating an Agricultural Research Study Committee; and for other purposes.
WHEREAS, there have been and continue to be a multitude of new needs and developments in all fields pertaining to agricultural research; and
WHEREAS, the House Appropriations Committee, when considering the General Appropriations Bill for the next biennium, was presented several requests from agricultural groups for funds to finance certain research projects, and the Committee did not have sufficient information on which to base an intelligent decision; and
WHEREAS, under the Agricultural Commodities Promotion Act, individual commodity groups assessed themselves with certain funds for the purpose of research, promotion and education, and certain of these funds are being conveyed to the several experiment stations in the State as well as to private research organizations; and
WHEREAS, there is a definite need for the various commodity groups to correlate their different projects in order to prevent duplica-
WEDNESDAY, MARCH 13, 1963
1817
tion, as well as a need to determine the extent of the need for State participation in such research;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Agricultural Re search Study Committee to he composed of four members of the House to be appointed by the Speaker. The Committee shall make a study of the research presently being performed by various agencies in relation to the various agricultural commodities groups and otherwise. The Com mittee shall study all phases of agricultural research with a view towards rendering assistance to all groups in correlating various re search activities in order to prevent duplication. The members of the Committee shall receive the compensation, per diem, expenses and al lowances authorized for legislative members of interim legislative com mittees for not to exceed a total of twenty-four days for the entire Committee. The Committee shall make a report of its findings and recommendations on or before December 15, 1963, on which date the Committee shall stand abolished. 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.
HR 264. By Messrs. Murphy of Haralson, Keyton of Thomas, Greene of Bartow and others:
A RESOLUTION
Creating an interim study Committee; and for other purposes.
WHEREAS, at the present Session of the General Assembly a new Health Code has been introduced, the consideration of which will carry over to the 1964 Session of the General Assembly; and
WHEREAS, there are many other areas relative to public health which should be considered.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that there is hereby created an interim study committee to be composed of the standing committee of the House on Hygiene and Sanitation. The Committee shall be authorized to study the new Health Code, the problem of water pollution, and the cost of patient care in State institutions. The committee shall also be authorized to investigate and inquire into any other matter related to the public health of the State of Georgia.
The Committee shall make such studies as they shall deem advisable and shall report their recommendations and findings back to the 1964 Session of the General Assembly. The members shall receive the com pensation, per diem, expenses and allowances authorized for legislative members of interim committees, not in excess of 45 days for each mem ber. 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 government.
1818
JOURNAL OF THE HOUSE,
HR 265. By Messrs. Poole of Pickens and Teague of Cobb:
A RESOLUTION
Creating an interim committee to study the feasibility and advis ability of placing the General Oglethorpe Monument in Pickens County, Georgia under the care and jurisdiction of the Georgia Historical Com mission; and for other purposes.
WHEREAS, the charter of the Colony of Georgia was granted June 9, 1732, by George II, King of Great Britain, to James Edward Oglethorpe and a Board of 21 Trustees, who established the Colony in 1733; and
WHEREAS, since the establishment of the Colony of Georgia and during the years that Georgia was a Colony and a Royal Province and since it has achieved the status of statehood all of its citizens have respected and honored the name of James Edward Oglethorpe; and
WHEREAS, there is a monument in honor of General Oglethorpe located on Mount Oglethorpe in Pickens County, Georgia; and
WHEREAS, due to deterioration by the elements and due to the lack of perpetual upkeep, the monument is in bad need of repair and there is a great need for work and restoration to the landscape around said monument; and
WHEREAS, one of the most beautiful scenic views in Georgia is atop Mount Oglethorpe.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim legislative committee to be composed of five (5) members of the House of Rep resentatives to be appointed by the Speaker. The Committee shall have the power and authority to meet, evaluate, study and investigate the feasibility and advisability of placing the James Edward Oglethorpe Monument located on Mount Oglethorpe in Pickens County, Georgia under the care and jurisdiction of the Georgia Historical Commission. The Committee shall have the further power and authority to make a report of its findings to the 1964 Session of the General Assembly. The Committee shall have the further power and authority to make recom mendations to the fiscal authorities of the State of Georgia for an in crease of funds appropriated to the Georgia Historical Commission as the same may be necessary because of the report of the Committee here in authorized. The Committee shall have such other powers and duties as are necessary to adequately carry out the provisions of this Reso
lution.
BE IT FURTHER RESOLVED that the Committee created by this Resolution shall have five (5) days per member for carrying out the intents and purposes of this Resolution, and the members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry
WEDNESDAY, MARCH 13, 1963
1819
out the purposes, powers and authority of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.
BE IT FURTHER RESOLVED that the Committee shall make a report of its investigation, recommendations and studies as set forth in this Resolution to the 1964 Session of the General Assembly of Georgia on or before Jaunary 13, 1964, and said Committee shall stand abolished as of that date.
The following Resolution of the House was read and referred to the Com mittee on Rules:
HR 263. By Mr. Blalock of Coweta:
A RESOLUTION
Creating an interim committee to meet, hold hearings and study all matters relative to the General Appropriation Act, budgets to the various departments, fiscal affairs and all other matters relating to the income of the State of Georgia and the expenditures thereof; and for other purposes.
WHEREAS, the General Appropriation Act that has been consider ed by the General Assembly of Georgia appropriates funds that far ex ceed the expenditures of any other appropriatios Act that has ever been enacted; and
WHEREAS, the Act known as the "Budget Act" approved Feb ruary 12, 1962 (Ga. Laws 1962 p. 17), authorizes the Legislative Services Committee of the General Assembly of Georgia to employ a trained, professionally qualified Budget Analyst and fiscal advisor to assist the General Assembly and its committees, in budget matters; and
WHEREAS, said Budget Analyst and fiscal advisor has not yet been employed; and
WHEREAS, the General Assembly should at all times be able to request and receive advice relative to budget matters.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an interim com mittee to be known as the "Interim Appropriations Committee". The Committee shall be composed of three (3) members who shall be the Chairman, Vice Chairman and Secretary of the standing committee on appropriations of the House of Representatives. The Committee shall have the power and authority to meet, hold hearings, study and investi gate all matters relative to the General Appropriation Act and the compliance therewith enacted at the 1963 Session of the General As sembly, to hold hearings, study and investigate all matters relative to
1820
JOURNAL OF THE HOUSE,
budgets, fiscal affairs, income of the State of Georgia and all other related matters. The Committee shall also have power and authority to make recommendations to the 1964 General Assembly relative to the General Appropriation Act, budgets, fiscal affairs, income of the State of Georgia and other related matters.
BE IT FURTHER RESOLVED that the Committee created herein shall be authorized and empowered to employ and fix the compensation of such clerical
BE IT FURTHER RESOLVED that the members of said Com mittee shall receive the compensation, per diem, expenses and allowances authorized for legislative 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 following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate requests that the following Resolution of the Senate be returned to the Senate:
SR 73. By Senators Pannell of the 54th, Jackson of the 16th and Gayner of the 5th:
A Resolution abolishing the Government Operations Committee of the Senate; and for other purposes.
Mr Bolton of Spalding moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
THURSDAY, MARCH 14, 1963
1821
Representative Hall, Atlanta, Georgia Thursday, March 14, 1963
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 George W. Cummins, Jr., Pastor of the First Baptist Church, Cairo, Georgia.
Gracious Father, our requests on behalf of these servants of the
people are three: Grant unto them -- Clarity of mind and speech,
Purity of heart and purposes, Humility of spirit -- That for this
day in thoughts, words, deeds, yea, even motives, they might discover
anew the beauty and scope of the stewardship which is theirs.
For Thy Sake.
Amen.
By unanimous consent the call of the roll was dispensed with.
Mr. Clarke of Monroe, 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
1822
JOURNAL OF THE HOUSE,
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 the morning session, Thursday, March 14, 1963 and submits the following:
SB 3. Aid to Dependent Children, define "dependent child" SB 7. School Superintendents, qualifications (postponed) SB 14. Inspection of motor vehicles SB 26. School bus drivers, chauffeurs' license SB 31. Relating to Workman's Compensation SB 32. Minimum standards, lumber SB 40. Poll workers wear badges (reconsidered) SB 41. Airport Act, landing fees SR 47. Educational expenses, urge U.S. Congress to support tax exemptions SB 55. Regulating advertising SB 63. Burning of property, penalty SB 64. Insurance policy, false oath (postponed 3-14-63) SB 65, Fire Marshal, make arrests, carry weapons SB 81. Payment of education grants SB 86. Georgia Industrial Loan Act, amend SB 121. American History Month SB 123. Promote safety, enjoyment, public travel SB 131. Peace Officers' Fund, disability benefits SB 145. Provide information, Governor-elect SB 147. Desecrate burial place, punishment SB 148. Jekyll Island-State Park Authority.
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham,
Secretary
THURSDAY, MARCH 14, 1963
1823
Mr. Mackay of DeKalb asked unanimous consent that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
SB 71. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-904, relating to applications for bank charters, so as to change the fee paid by applicants; and for other purposes.
The consent was granted and the House has reconsidered.
Mr. Mackay of DeKalb asked unanimous consent that SB 71 be added to the Rules Committee Calendar and the consent was granted.
SB 71 was added to the Rules Committee calendar.
Mr. Conner of Jeff Davis asked unanimous consent that the following Bill of the Senate be recommitted to the Committee on Insurance:
SB 64. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd. A Bill to be entitled an Act to amend the Georgia Insurance Code so as to provide for penalty for false oath to procure benefit from an insurance policy; and for other purposes.
The consent was granted and SB 64 was recommitted to the Committee on Insurance.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HR 256-689. By Mr. Houston of Pierce:
A Resolution to compensate the Nimmer Chevrolet Company; and for other purposes.
Referred to the Committee on Appropriations.
1824
JOURNAL OF THE HOUSE,
HB 690. By Messrs. Chandler of Baldwin, Roberts of Jones, Laite of Bibb, Mackay of DeKalb, Harrington of Baldwin and Lane of Bulloch and others:
A Bill to be entitled an Act to create the "Georgia Residential Home Builders Commission"; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 691. By Mr. Barber of Jackson: A Bill to be entitled an Act to amend an Act entitled "The Motor Vehicle Certificate of Title Act", so as to require the identification number of the motor of a vehicle to be stamped into the metal engine housing block; and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 689. By Mr. Ponsell of Ware: A Bill to be entitled an Act to provide for clearance by quiet title proceedings of defects in real estate titles; and for other purposes.
SR 91. By Senators Wesberry of the 37th, Brown of the 34th, Maclntyre of the 40th and others:
A Resolution providing for a Commission to study primary, general and special elections held in Fulton County, Georgia, for the nomina tion and election of public officials; and for other purposes.
SB 122. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, as amended, so as to change the cor porate limits of said City; and for other purposes.
SB 143. By Senator Hunt of the 26th:
A Bill to be entitled an Act to provide that a fallout shelter be in cluded in future construction of public buildings; and for other pur poses.
THURSDAY, MARCH 14, 1963
1825
SB 158. By Senators Hunt of the 26th and Phillips of the 27th:
A Bill to be entitled an Act to amend the charter of the City of Macon, by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments of said city: and for other purposes.
SB 159. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Young Harris as the City of Young Harris, so as to change the number of council members; and for other purposes.
SB 164. By Senators Gillis of the 20th and Pannell of the 54th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for school teachers, so as to change the minimum floor for teachers who retired prior to July 1, 1961; and for other purposes.
SR 86. By Senator Spinks of the 9th:
A Resolution proposing an amendment to the Constitution so as to provide for the filling of the office of Governor and Lieutenant Gov ernor; to provide for succession to the office of the Governor, in the event the Governor Elect dies; and for other purposes.
SB 99. By Senators Johnson of the 42nd, Pannell of the 54th and Jackson of the 16th:
A Bill to be entitled an Act relating to the criminal responsibility of children; and for other purposes.
SB 155. By Senator Coggin of the 35th:
A Bill to be entitled an Act to provide for records to be kept by the State in regard to the incorporation of municipalities, date of in corporation thereof and changes in the boundaries thereof; and for other purposes.
Mr. Blalock of Coweta County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow-
1826
JOURNAL OP THE HOUSE,
ing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 164. Do Pass, by Substitute. Respectfully submitted, Blalock of Coweta, Chairman.
Mr. Twitty of Mitchell 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 28. Do Pass, as Amended. Respectfully submitted, Twitty of Mitchell, Chairman.
Mr. Busbee of Dougherty County, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Commitee on Judiciary has had under consideration the following Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 143. Do Not Pass. SB 130. Do Pass. SB 4. Do Pass.
Respectfully submitted, Busbee of Dougherty Chairman.
Mr. Hale of Dade 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
THURSDAY, MARCH 14, 1963
1827
Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 114. Do Pass, as Amended. SB 140. Do Pass.
Respectfully submitted, Hale of Dade Chairman.
Mr. Bolton of Spalding 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 Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SR 86. Do Pass. Respectfully submitted, Bolton of Spalding Vice-Chairman
Mr. Vaughn of Rockdale County Vice-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 Resolutions 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 34. Do Pass. HR 265. Do Pass, as Amended. HR 264. Do Pass, as Amended.
Respectfully submitted, Vaughn of Rockdale Vice-Chairman
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
1828
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 105. By Messrs. Parker of Screven, Land of Bulloch and others:
A Bill to amend an Act relating to persons able to contract marriage; and for other purposes.
HB 139. By Mr. Story of Gwinnett:
A Bill to amend an Act establishing a retirement system for teachers in the State Public Schools and other State supported schools, so as to clarify the provisions qualifying for credit for prior service; and for other purposes.
HB 175. By Mr. Fowler of Douglas:
A Bill to amend an Act relating to the regulation licensing and practice of dentists and dental hygienists, so as to provide for additional qualifi cations for applicants; and for other purposes.
HB 497. By Messrs. Matthews and Bedgood of Clarke:
A Bill to provide that no municipality shall employ law enforcement officers' and provide for their compensation through commissions or percentages derived from fines and forfeitures arising out of arrests; and for other purposes.
HB 266. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act relating to the jurisdiction of the United States over certain lands in this State, so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any territory used for penal institutions; and for other purposes.
HB 420. By Messrs. Bolton of Spalding, Rutland of DeKalb and others: A Bill to provide for a Board to inquire into abuses and irregularities in the enforcement of traffic laws and ordinances; and for other pur poses.
HB 431. By Messrs. Smith of Grady, Bolton of Spalding and others: A Bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt the sale of tangible
THURSDAY, MARCH 14, 1963
1829
personal property to the University System of Georgia; and for other purposes.
HB 52. By Messrs. Pickard of Muscogee, Fowler of Douglas and others:
A Bill to amend an Act establishing a State Board of Registration for Professional Engineers and Surveyors, so as to change the per diem expense allowance for members of said Board; and for other purposes.
HB 209. By Mr. Wilkes of Cook:
A Bill to amend an Act known as the Georgia Insurance Code of 1960, so as to remove the provision providing that no policy of group life insurance may be issued to or for a labor union; and for other purposes.
HB 248. By Mr. Rainey of Crisp:
A Bill to amend an Act empowering cities, towns, and counties, to main tain recreation systems; and for other purposes.
HB 268. By Messrs. Etheridge and McClelland of Fulton:
A Bill to regulate the manner in which the Judges of the Superior Court of the Atlanta Judicial Circuit shall dispose of the business of said court; to provide for the selection and removal of a Chief Judge of said Court; and for other purposes.
HB 269. By Mr. White of Mclntosh:
A Bill to amend an Act revising, consolidating and superseding laws relative to Game and Fish, so as to close Doboy Sound and Altamaha Sound to the taking of crab and shrimp with a net other than a cast net; and for other purposes.
HB 288. By Mr. Brantley of Candler:
A Bill to prohibit the use of certain language over the telephone, to prohibit the use of the telephone for certain purposes; and for other purposes.
HB 290. By Mr. Steis of Harris:
A Bill to amend an Act providing for the regulation of the sale of securities in this State, so as to redefine the word "salesman" and for other purposes.
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JOURNAL OF THE HOUSE,
HB 320. By Messrs. Candler of Baldwin, Dorminy of Ben Hill and others:
A Bill to amend an Act known as the Motor Fuel Tax Law, so as to repeal refund authorized for motor fuel tax paid on gasoline used on navigable waters; and for other purposes.
HB 323. By Mr. Andrews of Stephens:
A Bill to amend an Act relating to the Public Assistance Programs administered by the State Department of Public Welfare to provide for relieving the various counties of financial participation in the medical care programs administered by the State Dept. of Public Welfare under the Public Assistance programs; and for other purposes.
HB 324. By Mr. Andrews of Stephens:
A Bill to amend an Act known as the "Aid to the Disabled Act" so as to relieve the various counties of financial participation in the medical care benefits paid pursuant to said Act; and for other purposes.
HB 325. By Mr. Andrews of Stephens:
A Bill to amend an Act relating to the Public Assistance Programs administered by the State Department of Public Welfare so as to provide for the inclusion in the definition of "Assistance", medical care in behalf of or any type of remedial care recognized under State law in behalf of recipients eligible for assistance under the hereinafter cited Acts; and for other purposes.
HB 326. By Mr. Andrews of Stephens:
A Bill to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child" and so as to change the definition of the term "Assistance" and to define the term "Foster Family Home," and for other purposes.
HB 355. By Mr. Melton of Spalding:
A Bill to provide an appropriation for the purposes of providing suitable offices for use by the Employment Security Agency in the Department of Labor; and for other purposes.
HB 500. By Messrs. Mackay of DeKalb, Underwood of Montgomery and others:
A Bill to provide that trustees, executors, administrators, guardians and other like fiduciaries holding trust funds may invest the same in real estate loans both secured by a first lien on or first security title to improved realty and are insured pursuant to provisions of any Title of the National Housing Act; and for other purposes.
THURSDAY, MARCH 14, 1963
1831
HR 167-477. By Messrs. Odom and Lee of Dougherty:
A Resolution to amend a Resolution providing that the Judges of the Superior Courts of this State shall be entitled to receive, in addition to the compensation now provided by law, reimbursement of traveling expenses, so as to change the amount of traveling expenses; and for other purposes.
HR 187-542. By Mr. Lowrey of Floyd: A Resolution transferring certain State property located in Floyd County to the trustees of the cemetery of the Oostanoula (or Popes) Church; and for other purposes.
HR 137-355. By Messrs. Smith of Grady, Rutland of DeKalb and others: A Resolution creating the "Constitution Revision Commission"; and for other purposes.
HR 138-379. By Mr. Branch of Tift: A Resolution creating the "State Leased Properties Study Committee"; and for other purposes.
HR 158-429. By Messrs. Smith of Grady, Rutland of DeKalb and others: A Resolution authorizing the Department of Public Health to write off uncollectible accounts; and for other purposes.
HB 159-429. By Messrs. Rutland of DeKalb, Bolton of Spalding and others:
A Resolution authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corpora tion, an easement for right-of-way purposes for petroleum products pipeline in Floyd and Barrow Counties; and for other purposes.
HB 410. By Mr. Flournoy of Cobb:
A Bill to establish an effective date for the Federal Census as used in the statutory law of Georgia; and for other purposes.
HB 424. By Messrs. Bowen of Toombs, Fowler of Treutlen and others:
A Bill to amend an Act providing for the registration of trademarks, so as to provide for the registration of service marks; and for other purposes.
1832
JOURNAL OF THE HOUSE,
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 395. By Messrs. Fowler of Douglas and Jones of Worth:
A Bill 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 479. By Mr. Wilkes of Cook:
A Bill creating a Small Claims Court in Counties having a population of not less than 11,775 and not more than 11,944; and for other purposes.
HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to amend an Act creating a new charter for the City of Smyrna, in order to change one of the punishments authorized from said charter from $100.00 to $300.00; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House to wit:
HR 240. By Messrs. Melton and Bolton of Spalding:
A Resolution urging the Budget Bureau to make available funds for the restoration and repair of Elijah Clark's grave and mounment; and for other purposes.
HR 247. By Messrs. Meeks of Union, Smith of Forsyth and others:
A Resolution commending the patrolmen serving the Capitol area during the General Assembly and in particular Patrolman Raymond M. Black; and for other purposes.
HR 251. By Mr. Hill of Meriwether:
A Resolution relating to a World's Fair in Atlanta, Georgia; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to-wit:
THURSDAY, MARCH 14, 1963
1833
HB 306. By Messrs. Fleming and Bell of Richmond:
A Bill to amend an Act relating to the subject of divorce; to clarify same in regard to insane persons; and for other purposes.
HB 518. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a mem ber of the Governor's Staff without written permission; and for other purposes.
The Senate has adopted by substitute by the requisite constitutional majority the following Resolution of the House to-wit:
HR 163-445. By Messrs. Smith of Habersham, Coker of Cherokee and others:
A Resolution proposing an amendment to the Constitution, so as to authorize scholarships for dental students, 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 House substitute to the following Resolution of the Senate:
SR 14. By Senators Gayner of the 5th and Pannell of the 54th and others:
A Resolution creating the Senate Committee on Economy, Reorganiza tion and Efficiency in State Government; and for other purposes.
The Senate has adopted the House amendment to the following Bill of the Senate:
SB 102. By Senator Carlton of the 21st:
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 any person may stop and park a school bus on any road to discharge passengers who are teachers, students, or employees of a school; and for other purposes.
1834
JOURNAL OF 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 Committee of Conference on the following Bill of the House:
HB 48. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to make and provide appropriations for the fiscal year beginning July 1, 1963 and the fiscal year beginning July 1, 1964 and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government; 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 Resolution of the Senate:
SR 24. By Senator Pannell of the 54th:
A Resolution creating the Election Laws Study Committee; and for other purposes.
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 140. By Senator Noble of the 19th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Rochelle, so as to provide for the payment of a salary for the mayor and aldermen of 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 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, MARCH 14, 1963
1835
SB 114. By Senator Kidd of the 25th:
A Bill to be entitled an Act to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Bald win County, and for other purposes.
The following amendment was read and adopted:
The Committee on Local Affairs moved to amend SB 114.
By adding in the title thereof after the clause "to repeal certain Acts relating to the County Court of Baldwin County;" the following language:
"to provide for severability;"
By adding in the title thereof after the clause "to provide for an effective date;" the following language:
"to provide for a referendum;"
By striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. In the event one-half or more of the votes cast in the referendum as provided in Section 39 of this Act are for the approval of this Act establishing and creating a Civil and Criminal Court of Baldwin County, not less than 140 days nor more than 150 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordi nary of Baldwin County to issue the call for an election for the purpose of electing the judge and solicitor of the Civil and Criminal Court of Baldwin County. The ordinary shall set a date for such election for a day not less than 10 nor more than 20 days after the date of the issuance of the call. 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 Baldwin County.
"The election shall be conducted by the ordinary of Baldwin County, in conformity with those provisions as are provided by law which are applicable to such special elections. At said special elec tion the judge and solicitor of the Civil and Criminal Court of Baldwin County shall be elected to serve from September 15, 1963. until January 1, 1965 and until their successors are elected and qualified. Their successors shall be elected by the qualified electors of Baldwin County at the general election held in 1964 and every four years thereafter. All vacancies in the office of judge and so licitor of said court shall be filled by an appointment by the Govvernor and shall be for the unexpired term."
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JOURNAL OF THE HOUSE,
By striking Section 28 in its entirety and inserting in lieu thereof a new Section 28 as read as follows:
"Section 28. Jury Panels -- All laws with reference to the qualifications, impaneling, challenging and fining jurors now in force or hereafter to be enacted in the superior courts, shall be of force in said Civil and Criminal Court of Baldwin County, except when inconsistent with this Act. In cases which are to be tried by juries the parties shall be entitled to the panel of sixteen from which to strike. In civil cases the plaintiff and defendant shall be en titled to two peremptory strikes each side, and in criminal cases the defendant shall be entitled to three strikes and the state to one peremptory strike, and all laws and rules governing the selection of jurors in the superior courts shall be of force in said Civil and Criminal Court of Baldwin County unless inconsistent with this Act."
By striking Section 29 in its entirety and inserting in lieu thereof a new Section 29 to read as follows:
"Section 29. New Trials -- The Judge of the Civil and Criminal Court of Baldwin County shall have the authority to grant new trials in all cases tried in said court, both civil and criminal, upon the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the superior courts, and all rules and laws of pleading and prac tice and procedure, governing motions for new trials shall apply to and govern the same in said Civil and Criminal Court of Baldwin County."
By striking Section 30 in its entirety and inserting in lieu thereof a new Section 30 to read as follows:
"Section 30. Appeals -- Either party dissatisfied with the judgment of the court after the making and hearing of a motion for a new trial may apply for and obtain a writ of certiorari, by petition to the judge of the superior court of Baldwin County, in which petition it shall plainly and distinctly set forth the errors complained of, and all after-proceedings shall be under the same rules and regulations as are now or may hereafter be established by law for the granting of writs of certiorari from the Justice Court."
By renumbering Section 38 as Section 40.
By adding a new Section 38 to read as follows:
"Section 38. The provisions of this Act shall become effective on September 15, 1963."
By adding a new Section 39 to read as follows:
"Section 39. Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Bald-
THURSDAY, MARCH 14, 1963
1837
win County to issue the call for an election for the purpose of sub mitting this Act to the voters of Baldwin County 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 election to be published once a week for two weeks im mediately preceding the date thereof, in the official organ of Bald win County. The ballot shall have written or printed thereon the words:
'For approval of the Act establishing and creating a Civil and Criminal Court of Baldwin County, Georgia, in lieu of the Coun ty Court of Baldwin County.
'Against approval of the Act establishing and creating a Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County.'
"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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Baldwin 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 elec tion. It shall be his further duty to certify the result thereof to the Secretary of State."
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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following letter was received and read:
Mr. Speaker, Fellow Members of the House and Others:
I am very sorry that due to circumstances, I was not able to contribute more to this 1963 Session of the General Assembly. Through your fine work and the leadership of our able Governor and our fine Speaker, you have done an outstanding job. I have missed the wonderful association with the many of you with whom I have had the pleasure of serving over the years and the lack
1838
JOURNAL OF THE HOUSE,
of time which would have given a much closer acquaintence and friendship with the new members. I am looking forward with much pleasure and enthusiasm to seeing and serving with you all at the next session.
When the occasion brings you to Atlanta, I hope you will call on me for a visit or if you otherwise need my assistance in any way.
Please accept my hearty congratulations for a job well done.
The best of luck to you all.
With sincere regards,
Your Friend,
Wilson Brooks
By unanimous consent the following Bills of the House and Senate were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta, and others: A Bill to be entitled an Act to establish and constitute the Study Com mission on Industrial Loan Business; and for other purposes.
The following Senate amendment was read: The Senate Committee on Industry and Labor amend HB 421 by
striking the word and figure "five (5)" in line 2 of Section 2, and in serting in lieu thereof the word and figure "three (3)".
Mr. Mackay of DeKalb moved that the House disagree to the Senate amend ment.
The motion prevailed and the House has disagreed to the Senate amendment to HB 421.
HB 585. By Messrs. Bell, Hull and Fleming of Richmond: A Bill to be entitled an Act to amend an Act to abolish justice courts and establish a Municipal Court for the City of Augusta; and for other purposes.
The following Senate amendment was read: Senators Fuqua of the 22nd and Scott of the 23rd move to amend
HB 585 as follows:
THURSDAY, MARCH 14, 1963
1839
(1) By inserting immediately after the word "annum" and before the word "the" in line 5 of Section 9 the following, to-wit:
"and the Clerk of said Court shall have the power, by and with the consent of said Judge of said Court, to appoint a Chief Deputy Clerk and"
(2) By striking Section 38 in its entirety and inserting in lieu there of a new Section 38 to read as follows:
"Section 38. This Act shall become effective on July 1, 1963."
(3) By striking Section 2 on page 23 in its entirety.
(4) By renumbering Section 3 on page 23 by striking the figure "3" and inserting in lieu thereof the figure "42".
Mr. Fleming of Richmond moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 125, nays 0. The House has agreed to the Senate amendment to HB 585.
HB 467. By Mr. Rhodes of Baker:
A Bill to be entitled an Act to place the Clerks of the Superior Court and the Ordinaries of certain counties on a salary in lieu of the fee system, of compensation; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 467 as follows:
By adding in 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 5 to read as follows:
"Section 5. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of any such County to issue the call for an election for the purpose of submitting this Act to the voters of such County for approval or rejection. The Ordinary shall 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 Ordinary shall cause the date and purpose of the election to be published once a week for two
1840
JOURNAL OF THE HOUSE,
weeks immediately preceding the date thereof, in the official organ of such county. The ballot shall have written or printed thereon the words:
"For aprpoval of the Act placing the Clerk of the Su perior Court and Ordinary on a salary in lieu of fees.
"Against approval of the Act placing the Clerk of the Superior Court and Ordinary on a salary in lieu of fees."
All persons desiring to vote in favor of the Act shall vote for aproval, and those persons desiring to vote for rejection of the Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by 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.
By renumbering present Section 5 of said Bill as Section 6.
Mr. Rhodes of Baker moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 107, nays 0.
The House has agreed to the Senate amendment to HB 467.
HB 468. By Mr. Rhodes of Baker: A Bill to be entitled an Act to repeal an Act to provide for compensation of persons holding office of tax collector in certain counties; and for other purposes.
The following Senate amendment was read:
Amend HB 468 by adding in 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 3 to read as follows:
"Section 3. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after it other-
THURSDAY, MARCH 14, 1963
1841
wise becomes law, it shall be the duty of the Ordinary of any such county to issue the call for an election for the purpose of submitting this Act to the voters of such County for approval or rejection. The Ordinary shall 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 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 changing the compensation of the tax collector and tax receiver.
"Against approval of the Act changing the compensation of the tax collector and tax receiver."
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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by 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 regula tions 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. By renumbering present Section 3 of said Bill as Section 4.
Mr. Rhodes of Baker moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 107, nays 0.
The House has agreed to the Senate amendment to HB 468.
HB 461. By Mr. Warren of Wayne:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Wayne County; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County and Municipal Government moves to amend HB 461 as follows:
By striking from Section 1 the figures and words "$25 per month" and the words and figures "$25.00 per month", and sub stituting in lieu thereof the figures and words "$50.00 per month".
1842
JOURNAL OP THE HOUSE,
Mr. Warren of Wayne moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 121, nays 0.
The House has agreed to the Senate amendment to HB 461.
HB 479. By Mr. Wilkes of Cook:
A Bill to be entitled an Act creating a Small Claims Court in counties having a population of not less than 11,775 and not more than 11,944; and for other purposes.
The following Senate amendment was read:
Senator Rowan of the 8th moves to amend HB 479 as follows:
By striking from the second sentence of subsection (a) of the word "shall" and inserting in lieu thereof the word "may" and by striking therefrom the word "only".
By striking from subsection (f) of Section 6 the word "fifteen" and inserting in lieu thereof the words "thirty-five".
By striking from the first sentence of Section 8 the word "what" and inserting in lieu thereof the word "the".
By striking from the first sentence of Section 16 the word "having" and substituting in lieu thereof the words "shall have".
By striking subsection (b) of Section 18 and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The judge of a small claims court shall have power to impose fines of not more than ten dollars or imprison ment for not longer than twenty-four hours on any person guilty of contempt of court, such fines to be paid into the county treasury or county depository for county purposes."
By inserting immediately before the last paragraph of Section 20 the words "Section 21" so as to make that paragraph the first paragraph of Section 21.
On the motion to agree, the ayes were 120, nays 0.
The House has agreed to the Senate amendment to HB 479.
THURSDAY, MARCH 14, 1963
1843
HB 529. By Messrs. Flournoy, Teague and Wilson of Cobb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Smyrna, in order to change one of the punishments au thorized from said charter from $100.00 to $300.00; and for other purposes.
The following Senate amendment was read:
The Senate Committee on County & Municipal Government moves to amend HB 529, the title of said Act is hereby amended by striking therefrom the words "from one hundred dollars to three hundred dollars" and also by striking Section 1 therefrom and substituting in lieu thereof the following to be known as Section 1.
"SECTION 1
An Act creating a new Charter for the City of Smyrna, approved August 27,1931 (Ga. Laws 1931, p. 955) as amended, by all Acts amenda tory thereof, is hereby amended by deleting the words "one hundred dollars" in the third sentence of Section 35 of the Charter of the City of Smyrna, as amended, and by adding thereto the following language so that when amended said sentence in Section 35 of said Charter shall read as follows :
"Said court shall have the power to punish violations of this Charter, or of any ordinance of said city, by a fine not to exceed two hundred dollars, by imprisonment in the city jail not to exceed ninety days, or by work on the streets, sidewalks, or public works of said city of Smyrna, not to exceed thirty days, or by one or more or all of these punishments, as the recorder may in his discretion see fit to impose; provided, however, that all violations of city ordinances for which the defendant shall be entitled to a trial by jury upon being bound over to a higher court shall be punished by a fine not to exceed three hundred dollars, by imprisonment in the city jail not to exceed 90 days or work on the streets, sidewalks or public works of the city not to exceed 30 days or by one or more or all of these punishments as the recorder may in his discretion see fit to impose in the event the defendant voluntarily waives trial by jury and is found guilty by the city recorder upon a trial in said re corder's court. The fines imposed under this section may be collected by execution against the defendant and against his property."
Mr. Wilson of Cobb moved that the House agree to the Senate amendment.
On the motion agree, the ayes were 120, nays 0.
The House has agreed to the Senate amendment to HB 529.
1844
JOURNAL OF THE HOUSE,
HB 143. By Messrs. Shea, Funk and Richardson of Chatham:
A Bill to be entitled an Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; and for other purposes.
The following Senate amendment was read:
The Committee on Counties & Municipal Government moves to amend HB 143 as follows:
By striking from Section 1 thereof the following language:
", and also
All of that portion of Hunter Air Force Base North of a pro jection of the North right-of-way line of the Buckhalter Road and bounded on the North by the present corporate limits, on the South by a projection Westwardly of the Northern right-of-way line of the Buckhalter Road, on the West by the Western boundary line of Hunter Air Force Base, and on the East by the Eastern boundary line of Hunter Air Force Base"
so that when so amended Section 1 shall read as follows:
"Section 1. From and after the passage of this Act the munici pal corporation designated as The Mayor and Aldermen of the City of Savannah shall be extended to include the following:
All of that portion of Bacon Park lying to the South of Intermediate Road so that the corporate limits of The City of Savannah shall include all of Bacon Park"
Mr. Shea of Chatham moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 120, nays 0.
The House has agreed to the Senate amendment to HB 143.
HR 163-445. By Messrs. Smith of Habersham, Coker of Cherokee, Milford of Franklin, and others: A Resolution proposing an amendment to the Constitution so as to authorize scholarships for dental students; and for other purposes.
The following Senate substitute was read: A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the
THURSDAY, MARCH 14, 1963
1845
General Assembly to provide for loans or scholarships to dental students; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new Subparagraph 9 to read as follows:
"9. There shall be a State Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who are citizens and residents of the State of Georgia, and who desire to become dentists. The appointment otf members of said State Dental Education Board of Georgia, their qualifications, terms of office, powers, duties, functions and authority; and the provision of funds to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly of the State of Georgia."
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 amend ed.
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 provide for loans or scholarships to dental students.
"Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for loans or scholarships to dental students."
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
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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.
Mr. Smith of Habersham 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:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brooks of Oglethorpe Brown Busbee Byrd Caldwell Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Dean of Polk DeVane Dicus Dorminy Duncan of Fannin Echols Etheridge Fleming Floyd
Fowler of Douglas Fulford Funk Griffin Hale Harrington Harris Henderson Herndon House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton King Knight of Laurens Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken
McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Poole Pope Poss Rainey Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster
THURSDAY, MARCH 14, 1963
1847
Sewell Shaw Shea Shuman Simmons Sinclair Singer Smith of Porsyth Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Stalnaker Steis Story Stuckey Tarr Todd Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery
Underwood of Taylor Warren Watson Watts Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs. :
Bell Bowen of Toombs Brackin Branch Brantley Brooks of Fulton By mini Carr Causby Conner Crummey Cullens Davis Deen of Bacon Duncan of Carroll Flournoy Flynt Fowler of Treutlen
Gibbons Greene Groover Hall Harrell Hill Horton Jones of Worth Kelly Killian Kirkland Knight of Berrien Laite Lane Logan McClelland McGarity Mullis
Nessmith Payton Phillips Pickard Ponsell Raulerson Scarborough Simpson Spikes Teague Twitty Vaughn Waldrop Walker Wells of Peach White Wilkes Mr. Speaker
On the motion to agree to the Senate substitute, the ayes were 150, nays 0.
The House has agreed to the Senate substitute to HR 163-445.
HB 177. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, and others:
A Bill to be entitled an Act to amend an Act providing for grants to certain incorporated municipalities, so as to provide for the purposes for which grants may be made; and for other purposes.
The following Senate amendment was read: Mr. Smalley of the 28th moves to amend HB 177 as follows:
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By adding a new section to be numbered 10 as follows:
"All laws and parts of laws in conflict herewith are hereby repealed."
Mr. Bolton of Spalding 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 Acree Alien Anderson Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Brackin Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Dean of Polk Deen of Bacon DeVane Dixon
Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Funk Greene Groover Hale Harrell Harrington Harris Henderson Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clinch
Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McCracken McDonald McGarity Meeks Melton Milford Moate Moore Morgan of Gwinnett Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Raulerson Reaves
THURSDAY, MARCH 14, 1963
1849
Rhodes Richardson Roper Rowland Sangster Shaw Shea Shuman Simmons Simpson Smith of Habersham Smith of Whitfield Snow
Spikes Steis Teague Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker
Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Black.
Those not voting were Messrs.:
Bowen of Dawson Bowen of Toombs Branch Brooks of Fulton Causby Crummey Davis Dicus Dorminy Duncan of Carroll Fowler of Treutlen Fulford Gibbons Griffin Hall Herndon Hill Hull
Jones of Worth Laite Lane Logan Mackay Matthews of Colquitt McKemie Milhollin Mitchell Mixon Morgan of Newton Mullis Paris Poss Rainey Roberts Rodgers Russell
Rutland Scarborough Sewell Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Stalnaker Story Stuckey Tabb Tucker of Burke White Wilkes Mr. Speaker
On the motion to agree to the Senate amendment the ayes were 152, nays 1.
The House has agreed to the Senate amendment to HB 177.
HB 518. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Bill to he entitled an Act to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other purposes.
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The following Senate substitute was read:
A BILL
To be entitled an Act to provide that it shall be unlawful to display any sign, tag or emblem conveying or intending to convey the impression that the owner thereof is a member of the Governor's staff unless such owner holds a valid and current written commission appointing such owner to said staff, which commission shall be signed by the Governor of the State of Georgia; to prohibit the unauthorized sale of such signs or emblems; to provide criminal penalties for the violation of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. It shall be unlawful to display in any manner upon any motor vehicle any sign, tag or emblem of any fashion conveying or in tending to convey the impression that the owner thereof is a member of the Governor's staff unless such owner holds a valid and current written commission appointing such owner to said staff, which commission shall be signed by the Governor of the State of Georgia.
Section 2. It shall be unlawful to sell, offer to sell or purchase any such sign, tag or emblem without the purchaser to the seller the written commission referred to in Section 1 hereinabove.
Section 3. Any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor and for each conviction thereof shall be punished by imprisonment for not more than six months and by a fine of not more than $500.00, or either of them.
Section 4. 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:
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Andrews Arnsdorff Bagby Ballard
Barber Baughman Bedgood Bell Black Blair Blalock of Coweta
Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Branch Brantley Brooks of Oglethorpe
THURSDAY, MARCH 14, 1963
1851
Brown Busbee Byrd Caldwell Carr Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conger Conner Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Fannin Echols Etheridge Fleming Flournoy Floyd Flynt Fowler of Douglas Funk Greene Griffin Groover Hale Harrington Harris Henderson Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle
Kelly Killian King Kirkland Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McCracken McDonald McGarity Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole
Pope Poss Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Sangster Sewell Shaw Shea Shuman Simmons Simpson Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Catoosa Twitty Underwood of Taylor Vaughn Waldrop Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Abney Bowen of Toombs Brackin Brooks of Fulton Bynum
Causby Clarke of Monroe Crummey Cullens Davis
Dicus Duncan of Carroll Fowler of Trutlen Fulford Gibbons
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Hall Harrell Herndon Hill Hull Jones of Liberty Keyton Laite Lane Logan Mackay Matthews of Colquitt
McKemie Mullis Paris Payton Rainey Rodgers Russell Rutland Scarborough Sinclair Singer Smith of Forsyth
Smith of Telfair Smith of Emanuel Snow Stuckey Tucker of Burke Underwood of
Montgomery White Wilkes Mr. Speaker
On the motion to agree, the ayes were 157, nays 0.
The House has agreed to the Senate substitute to HB 518.
HB 306. By Messrs. Fleming and Bell of Richmond:
A Bill to be entitled an Act to amend an Act relating to the subject of divorce, to clarify same in regard to insane persons; and for other purposes.
The following Senate substitute was read:
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 from the bonds of matrimony, as amended, by an Act approved January 28, 1946 (Ga. Laws 1946, p. 90), by an Act approved February 21, 1951 (Ga. Laws 1951, p. 744), and by an Act approved March 6, 1962 (Ga. Laws 1962, p. 600), so as to change the manner in which incurable in sanity may be established as a ground for the granting of a total divorce; to change the manner in which such insane party shall have been ad judged insane; to change the designated persons who must examine and certify under oath that in their opinion such person is hopelessly and incurably insane; to change the designation of persons upon whom notice of a divorce action based on the ground of incurable insanity shall and must be served; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 30-102 relating to the grounds that are sufficient to authorize the granting of a total divorce from the bonds of matrimony, as amended, by an Act approved January 28, 1946 (Ga. Laws 1946, p, 90), by an Act approved February 21, 1951 (Ga. Laws
THURSDAY, MARCH 14, 1963
1853
1951, p. 744), and by an Act approved March 6, 1962 (Ga. Laws 1962, p. 600), is hereby amended by striking Subsection 11. in its entirety and inserting in lieu thereof a new Subsection 11. to read as follows:
"11. Incurable insanity, but no divorce shall be granted upon this ground unless the insane party shall have been adjudged in sane by a Court of competent jurisdiction, confined in an institu tion for the insane for a period of at least two (2) years immediately preceding the commencement of the action, and until the superin tendent or other chief executive officer of the institution and one competent physician appointed by the court shall, after a thorough examination, make a certified statement under oath that it is their opinion that such person is hopelessly and incurably insane. Notice of said action shall and must be served upon the guardian of the person of such insane person and the superintendent or other chief executive officer of the institution in which such person is confined, or in the event there is no guardian of the person, then notice of such action shall be served upon a guardian ad litem appointed by the court in which such divorce action is filed and the superinten dent or the chief executive officer of the institution in which such person is confined and such guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the insane person shall not be altered in any way by the granting of the divorce."
so that when so amended, Code Section 30-102 shall read as follows:
"30-102. Grounds for total divorce. The following grounds shall be sufficient to authorize the granting of a total divorce:
"1. Intermarriage by persons within the prohibited degrees of consanguinity and affinity.
"2. Mental incapacity at the time of the marriage.
"3. Impotency at the time of the marriage.
"4. Force, menace, duress, or fraud in obtaining the marriage.
"5. Pregnancy of the wife, at the time of the marriage un known to the husband.
"6. Adultery in either of the parties after marriage.
"7. Wilful and continued desertion by either of the parties for the term of one year.
"8. The conviction of either party for an offense involving moral turpitude, and under which he or she is sentenced to im prisonment in the penitentiary for the term of two years or longer.
"9. Habitual intoxication.
"10. Cruel treatment, which shall consist of the wilful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb or health.
"11. Incurable insanity, but no divorce shall be granted upon this ground unless the insane party shall have been adjudged insane
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by a Court of competent jurisdiction, confined in an institution for the insane for a period of at least two (2) years immediately pre ceding the commencement of the action, and until the superintendent or other chief executive officer of the institution and one competent physician appointed by the court shall, after a thorough examina tion, make a certified statement under oath that it is their opinion that such person is hopelessly and incurably insane. Notice of said action shall and must be served upon the guardian of the person of such insane person and the superintendent or other chief ex ecutive officer of the institution in which such person is confined, or in the event there is no guardian of the person, then notice of such action shall be served upon a guardian ad litem appointed by the court in which such divorce action is filed and the su perintendent or the chief executive officer of the institution in which such person is confined, and such guardian and superin tendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the insane person shall not be altered in any way by the granting of the divorce."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Fleming of Richmond moved that the House agree to the Senate sub stitute.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Coweta
Blalock of Clayton Bolton Bowen of Randolph Brantley Busbee Bynum Byrd Caldwell
Carr Chance Chandler Clarke of Monroe Coker of Turner Conger Davis Been of Bacon Dixon Dorminy Duncan of Fannin Etheridge Fleming
Flournoy Floyd Fowler of Douglas Funk Greene Groover Harrington Harris
Henderson Horton House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle
Kelly Killian Kirkland Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty
THURSDAY, MARCH 14, 1963
1855
Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McGarity McKemie Meeks Melton Milford Milhollin Mixon Moate Moore Morgan of Gwinnett
Morgan of Newton Murphy Newton of Colquitt Odom Partridge Perry of Evans Poole Pope Poss Rainey Raulerson Richardson Roberts Russell Sewell Shaw Shea Shuman Smith of Telfair Snow
Spikes Steis Story Tabb Teague Todd Towson Twitty Vaughn Walker Ware Warren Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Anderson Black Bowen of Dawson Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Fulton Brown Causby Clark of Catoosa Coker of Cherokee Conner Crummey Cullens Dean of Polk DeVane Dicus Duncan of Carroll Echols Flynt Fowler of Treutlen Fulford Gibbons Griffin Hale Hall Harrell Herndon
Hill Johnson of Warren Jones of Lumpkin Jones of Liberty Jordan of Floyd Keyton King Knight of Laurens Laite Lane Logan McDonald Mitchell Mullis Nessmith Newton of Jenkins Overby Pafford Paris Parker Payton Perry of Marion Peterson Phillips Pickard Ponsell Reaves Rhodes Rodgers
Roper Rowland Rutland Sangster Scarborough Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Habersham Smith of Whitfield Stalnaker Stuckey Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Wells of Camden White Wilkes Wilson of Cobb Woodward Mr. Speaker
On the motion to agree, the ayes were 122, nays 0.
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The House has agreed to the Senate substitute to HB 306.
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 121. By Senator Downing of the 1st: A Bill to be entitled an Act to provide that the month of February shall be designated as American History Month in the State of Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Brantley Busbee Byrd Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Dean of Polk DeVane Dixon Duncan of Fannin Echols Etheridge Floyd
Fowler of Douglas Funk Gibbons Griffin Groover Hale Harrell Harris Henderson Herndon House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Muscogee Jordan of Floyd Keadle Killian Knight of Berrien Laite Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lindsey
Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Floyd Murphy Nessmith Newton of Jenkins Newton of Colquitt Overby Paris Parker Partridge Payton Perry of Marion Peterson
Phillips Poole Pope Poss Reaves Rhodes Roberts Rutland Scarborough Sewell Simmons
THURSDAY, MARCH 14, 1963
1857
Smith of Forsyth Smith of Telfair Smith of Habersham Snow Stalnaker Steis Stuckey Tabb Todd Tucker of Burke Vaughn
Waldrop Walker Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Voting in the negative was Mr. Bolton.
Those not voting were Messrs.:
Andrews Bagby Ballard Barber Baughman Bedgood Bell Black Bowen of Toombs Brackin Branch Brooks of Oglethorpe Brooks of Pulton Brown Bynum Caldwell Causby Clark of Catoosa Conger Crummey Cullens Davis Deen of Bacon Dicus Dorminy Duncan of Carroll Fleming Flournoy Flynt Fowler of Treutlen Fulford
Greene Hall Harrington Hill Horton Hull Hurst Jones of Liberty Jones of Worth Jones of Lumpkin Jordan of Calhoun Kelly Keyton King Kirkland Knight of Laurens Lee of Clinch Leonard Logan McGarity Melton Moate Morgan of Jenkins Mullis Odom Pafford Perry of Marion Pickard Ponsell Rainey Raulerson
Richardson Rodgers Roper Rowland Russell Sangster Shaw Shea Shuman Simpson Sinclair Singer Smith of Emanuel Smith of Whitfield Spikes Story Teague Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Ware Warren Wells of Peach White Wilkes Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 113, nays 1. The Bill, having received the requisite constitutional majority, was passed.
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Mr. Bolton of Spalding stated that his voting switch was out of order and that he had no intention of voting "nay" on the passage of SB 121. He requested that he be recorded as voting "aye".
SB 147. By Senator Zorn of the 6th:
A Bill to be entitled an Act to amend an Act relating to the punishment of any person who shall desecrate the burial place of any human body; and for other purposes.
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 Acree Alien Anderson Arnsdorff Bagby Ballard Baughman Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brown Busbee Byrd Caldwell Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Dean of Polk DeVane Dixon Duncan of Fannin Puncan of Carroll
Echols Flournoy Floyd Fowler of Douglas Groover Harrell Harris Henderson Herndon House Houston Hull Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Killian Knight of Laurens Knight of Berrien Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey
Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton
Murphy Newton of Jenkins Odom Overby Parker Partridge Payton Peterson Phillips Poole Pope Poss Reaves Rhodes Roberts Rowland
THURSDAY, MARCH 14, 1963
1859
Rutland Scarborough Sewell Shea Shuman Simmons Smith of Forsyth Smith of Telfair Smith of Habersham Snow
Spikes Stalnaker Steis Stuckey Tabb Towson Twitty Underwood of Taylor Vaughn Waldrop
Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Voting in the negative was Mr. Nessmith.
Those not voting were Messrs.:
Andrews Barber Bedgood Black Bolton Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Bynum Causby Clark of Catoosa Conner Crummey Cullens Davis Deen of Bacon Dicus Dorminy Etheridge Fleming Flynt Fowler of Treutlen Fulford Funk Gibbons Greene Griffin
Hale Hall Harrington Hill Horton Johnson of Warren Jones of Liberty Jordan of Calhoun Kelly Keyton King Kirkland Lane Logan Lokey Lowrey Mackay McGarity Melton Moate Mullis Newton of Colquitt Pafford Paris Perry of Marion Perry of Evans Pickard Ponsell
Rainey Raulerson Richardson Rodgers Roper Russell Sangster Shaw Simpson Sinclair Singer Smith of Emanuel Smith of Whitfield Story Teague Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Walker Ware Warren Wells of Peach 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 55. By Senator Fuqua of the 22nd: A Bill to be entitled an Act to amend an Act regulating advertising,.
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JOURNAL OF THE HOUSE,
as amended, so as to provide that no person, firm, corporation, or association may place deceptive advertising before the public; and for other purposes.
An amendment offered by Mr. Walker of Lowndes was read and ruled not germane.
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 Acree Anderson Ballard Bell Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown Busbee Byrd Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Dean of Polk DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Flournoy Floyd Fowler of Douglas Funk Griffin Groover Harris Henderson Herndon
House Houston Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Muscogee Keadle Killian King Lambert Lane Lee of Clinch Lee of Dougherty Leonard Lindsey Lowrey Matthews of Clarke McCracken McKemie Milford Mitchell Mixon Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Partridge Payton Perry of Evans Peterson Phillips Poole
Pope Poss Rainey Reaves Roberts Rowland Russell Rutland Sangster Scarborough Sewell Shea Simmons Smith of Telfair Smith of Habersham Spikes Stalnaker Steis Stuckey Tabb Towson Tucker of Burke Underwood of Taylor Vaughn Waldrop Warren Watson Watts Wells of Camden
Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
THURSDAY, MARCH 14, 1963
1861
Those voting in the negative were Messrs.:
Lewis Matthews of Colquitt
Meeks Moore
Walker
Those not voting were Messrs.:
Alien Andrews Arnsdorff Bagby Barber Baughman Bedgood Black Blalock of Coweta Bolton Brackin Branch Brooks of Oglethorpe Brooks of Fulton Bynum
Caldwell Causby Clark of Catoosa Conner Crummey Cullens Deen of Bacon Dorminy Echols Etheridge Fleming Flynt Fowler of Treutlen Fulford
Gibbons Greene
Hale Hall Harrell Harrington Hill Horton Hull Johnson of Warren Jones of Liberty Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Kelly Keyton Kirkland Knight of Laurens Knight of Berrien Laite Lee of Clayton Logan Lokey Mackay McClelland McDonald McGarity Melton Milhollin Moate Mullis Murphy Pafford
Paris Parker Perry of Marion Pickard Ponsell Raulerson Rhodes Richardson
Rodgers Roper
Shaw Shuman Simpson Sinclair Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield
Snow Story Teague
Todd Tucker of Catoosa
Twitty Underwood of
Montgomery Ware Wells of Peach Wells of Oconee
White Mr. Speaker
On the passage of the Bill, the ayes were 107, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Lewis of Wilkinson requested that the Journal show him as having voted for the passage of SB 55.
SB 86. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act entitled the "Georgia
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Industrial Loan Act", as amended, so as to provide the procedure for relocation of loan offices; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Blair Blalock of Coweta Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brantley Brown Busbee Bynum Byrd Carr Chance Clark of Catoosa Clarke of Monroe Coker of Turner Conger Conner Dean of Polk Deen of Bacon DeVane Dicus Dixon Duncan of Pannin Duncan of Carroll Echols Etheridge Floyd Fowler of Douglas
Funk Griffin Groover Harrington Harris Henderson Herndon Horton House Houston Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Killian King Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald
McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Evans Peterson Pickard Ponsell Poole Poss Rainey Reaves Rhodes Roberts Roper Rowland Russell Sangster Scarborough Sewell Shea Shuman Simmons Smith of Forsyth
THURSDAY, MARCH 14, 1963
1863
Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Stuckey Tabb
Teague Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Waldrop Walker Warren
Watson Watts Wells of Peach Wells of Oconee Wells of Camden Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Bagby Bell Blalock of Clayton Bolton Brackin Brooks of Oglethorpe Brooks of Fulton Caldwell Causby Chandler Coker of Cherokee Crummey Cullens Davis Dorminy Fleming Flournoy Flynt Fowler of Treutlen Fulford
Gibbons Greene Hale Hall Harrell Hill Hurst Jones of Liberty Jones of Worth Jones of Lumpkin Kelly Kirkland Logan Mackay McGarity Melton Moate Mullis Nessmith Perry of Marion
Phillips Pope Raulerson Richardson Rodgers Rutland Shaw Simpson Sinclair Singer Smith of Emanuel Todd Tucker of Burke Vaughn Ware White Wilkes Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 65. By Senators Miller of the 50th, Snialley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1864
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.:
Alien Ballard Baughman Blair Blalock of Coweta
Blalock of Clayton Bowen of Randolph Busbee Bynum Byrd
Caldwell Clarke of Monroe Coker of Turner Conger Conner Dean of Polk Been of Bacon Dicus Duncan of Carroll Echols Etheridge Flournoy Fowler of Douglas Fulford Funk Griffin Hale Henderson Houston Hull
Hurst Isenberg
Jones of Worth Jones of Muscogee Jordan of Floyd
Jordan of Calhoun Kelly Killian King Knight of Laurens Knight of Berrien Laite Lee of Clayton Lee of Dougherty Leonard Lindsey Lokey Lowrey Matthews of Clarke McDonald Milford Milhollin Moore Murphy Newton of Coiquitt Odom Overby Pafford Payton Perry of Marion
Peterson Pickard Poss
Raulerson Rhodes Roper Russell Sangster Singer Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Stuckey Tabb Teague Towson Tucker of Catoosa Underwood of
Montgomery Underwood of Taylor Waldrop Wells of Camden Wilkes Williams of Hall Woodward
Those voting in the negative were Messrs.:
Anderson Barber Brown Chance Coker of Cherokee Cullens Dixon Dorminy Duncan of Fannin Floyd Greene Harrington Harris House
Johnson of Elbert Johnson of Warren Keyton Kirkland Lane Lewis Matthews of Coiquitt McCracken Meeks Mitchell Morgan of Gwinnett Newton of Jenkins Paris Partridge
Ponsell Poole Pope Rainey Reaves Roberts Rowland Scarborough Sewell Shaw Shea Simmons Story Tucker of Burke
Twitty Warren
THURSDAY, MARCH 14, 1963
1865
Watson Watts
Williams of Coffee Wilson of Cobb
Those not voting were Messrs.:
Acree
Abney Andrews Arnsdorff Bagby Bedgood Bell Black Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Carr
Causby Chandler Clark of Catoosa Crummey Davis
DeVane
Fleming Flynt
Fowler of Treutlen Gibbons Groover Hall Harrell Herndon Hill Horton Jones of Liberty Jones of Lumpkin Keadle Lambert Lee of Clinch Logan Mackay McGarity McKemie Melton Mixon Moate Morgan of Newton
Mullis Nessmith Parker Perry of Evans Phillips Richardson Rodgers Rutland Shuman Simpson Sinclair Smith of Emanuel
Snow Todd Vaughn Walker Ware Wells of Peach Wells of Oconee White Wilson of Brantley
Mr. Speaker
On the passage of the Bill, the ayes were 89, nays 48.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Dicus of Muscogee gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 65.
SB 63. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to he entitled an Act to provide for penalty for the wilful burning of any real or personal property; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1866
JOURNAL OP 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.:
Bell Bowen of Dawson Busbee Caldwell Causby Conger Conner Deen of Bacon Dicus Duncan of Carroll Echols Etheridge Fowler of Douglas
Griffin Hale Henderson Isenberg Jones of Worth Jones of Lumpkin King Lee of Dougherty Leonard McDonald Milford Murphy Odom
Peterson Pickard Richardson Rodgers Roper Rutland Smith of Telfair Steis Underwood of
Montgomery Waldrop Wilkes
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Arnsdorff Ballard Bagby Barber Baughman Blair Brooks of Oglethorpe Byrd Carr Chance Clark of Catoosa Coker of Cherokee Coker of Turner Cullens Dean of Polk DeVane Dixon Dorminy Duncan of Fannin Fleming Flournoy Floyd Fulford Funk Greene Horton House
Houston Johnson of Elbert Johnson of Warren Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Keyton Kirkland Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lewis Lindsey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Newton of Jenkins Overby Pafford
Paris Partridge Perry of Evans Ponsell Poole Pope Poss Rainey Roberts Rowland Russell Sangster Scarborough Sewell Shaw Shea Simmons Sinclair Smith of Forsyth Smith of Emanuel Smith of Habersham Stalnaker Story Stuckey Tabb Tucker of Catoosa Tucker of Burke Twitty Underwood of Taylor Warren Watson
THURSDAY, MARCH 14, 1963
1867
Watts Wells of Oconee Wells of Camden
White Williams of Hall Wilson of Brantley
Wilson of Cobb Woodward
Those not voting were Messrs.:
Andrews Bedgood Black Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Fulton Brown Bynum Chandler Clarke of Monroe Crummey Davis Flynt Fowler of Treutlen Gibbons Groover Hall
Harrell Harrington Harris Herndon Hill Hull Hurst Jones of Liberty Kelly Killian Laite Lee of Clayton Logan Lokey Mackay McCracken McGarity Melton Mitchell Mullis Nes smith Newton of Colquitt Parker
Payton Perry of Marion Phillips Raulerson Reaves Rhodes Shuman Simpson Singer Smith of Whitfield Snow Spikes Teague Todd Towson Vaughn Walker Ware Wells of Clinch Williams of Coffee Mr. Speaker
On the passage of the Bill, the ayes were 37, nays 101.
The Bill, having failed to receive the requisite constitutional majority, was lost.
SB 32. By Senators Knox of the 24th, Gillis of the 20th, Pannell of the 54th, Pennington of the 45th, Smalley of the 28th, Rowan of the 8th and others: A Bill to be entitled an Act to provide minimum standards for lumber placed on permanent construction; to provide for the enforcement of such standards by the Georgia Forestry Commission; and for other purposes.
Mr. Bowen of Randolph moved that SB 32 be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
1868
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Acree Anderson
Arnsdorff Ballard Baughman Black Blair Blalock of Clayton Bolton Bowen of Randolph Brown Busbee Bynum
Chance Chandler Clark of Catoosa Coker of Cherokee Conger Cullens Dean of Polk DeVane
Dixon Dorminy Duncan of Fannin Etheridge Fleming Floyd Fulford Griffin Hale Harrell
Harris Horton House Houston Hull Hurst
Johnson of Elbert Jones of Liberty Jones of Muscogee Jordan of Floyd Kelly King Knight of Laurens Lane Lee of Clayton Lee of Dougherty Leonard Lowrey Mackay Matthews of Clarke McClelland McCracken Meeks Melton Mixon Moore Odom Overby Paris Perry of Marion Perry of Evans Pickard
Pope
Rainey Roberts
Roper Rowland Sewell Shaw Shea Shuman Simmons Sinclair Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Stalnaker Story Tabb Teague Towson
Tucker of Catoosa Twitty Underwood of Taylor Vaughn Warren Watson
Wells of Peach White Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Alien Barber Bell
Blalock of Coweta Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Byrd Carr Causby Clarke of Monroe Davis Deen of Bacon Duncan of Carroll Echols
Flournoy Flynt Funk Groover Harrington Henderson Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Calhoun Keadle Keyton Kirkland Knight of Berrien Laite Lambert Lee of Clinch
Lindsey Lokey Matthews of Colquitt McDonald McKemie Milford Milhollin Moate Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Pafford Partridge Payton Ponsell
Poole Poss Raulerson Reaves Rhodes Richardson Rodgers
Sangster
THURSDAY, MARCH 14, 1963
1869
Scarborough Smith of Telfair Steis Todd Tucker of Burke Underwood of
Montgomery
Waldrop Walker Watts Wilkes Wilson of Cobb Woodward
Those not voting were Messrs.:
Andrews Bagby Bedgood
Brooks of Oglethorpe Brooks of Fulton Caldwell Coker of Turner Conner Crummey Dicus Fowler of Douglas Fowler of Treutlen Gibbons
Greene Hall Herndon
Hill Isenberg Killian Lewis Logan McGarity Mitchell Mullis Murphy Parker
Peterson Phillips Russell Rutland Simpson Smith of Emanuel
Spikes Stuckey Ware Wells of Oconee Wells of Camden Williams of Coffee
Mr. Speaker
On the motion to table, the ayes were 95, nays 71.
The motion prevailed and SB 32 was tabled.
Mr. Morgan of Newton stated that he inadvertently voted "nay" on the motion to table SB 32, and requested that the Journal show him as having voted
SB 123. By Senators Broun of the 46th, Pennington of the 45th and others: A Bill to be entitled an Act to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and inter state commerce; and for other purposes.
Mr. Raulerson of Echols moved that the Bill be tabled.
On the motion to table, the roll call was ordered and the vote was as follows:
1870
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Acree Alien Anderson Arnsdorff Baughman Bedgood Black Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Branch Brown Bynum Byrd Caldwell Causby Chandler Clark of Catoosa Clarke of Monroe Coker of Turner Conger Conner Been of Bacon DeVane Dorminy Duncan of Fannin Echols Floyd Flynt Fulford Greene
Griffin Groover Harrell Harrington Herndon Horton Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Kelly King Kirkland Knight of Laurens Laite Lane Leonard McCracken McGarity McKemie Meeks Melton Milford Mitchell Mixon Moate Nessmith Newton of Colquitt Pafford
Paris Parker Partridge Perry of Marion Perry of Evans Phillips Ponsell Rainey Raulerson Reaves Rhodes Roberts Roper Rowland Sangster Scarborough Shaw Shuman Simpson Smith of Emanuel Stalnaker Stuckey Tabb Todd Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Warren Williams of Coffee Wilson of Brantley Woodward
Those voting in the negative were Messrs.:
Abney Andrews Bagby Ballard Barber Bell Blalock of Coweta Blalock of Clayton Brantley Brooks of Oglethorpe Busbee Chance Davis Dean of Polk Dixon Etheridge
Fleming Flournoy Fowler of Douglas Funk Harris Henderson House Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian Lambert Lee of Dougherty Lewis
Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McDonald Milhollin Moore Morgan of Douglas Morgan of Newton Newton of Jenkins Odom Overby Payton Peterson
Poole Pope Poss Richardson Rodgers Sewell Shea Simmons Sinclair
THURSDAY, MARCH 14, 1963
1871
Smith of Habersham Smith of Whitfield Snow Spikes Story Twitty Underwood of
Montgomery Vaughn
Walker Ware Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Hall
Those not voting were Messrs.:
Brackin Brooks of Fulton Carr Coker of Cherokee Crummey Cullens Dicus Duncan of Carroll Powler of Treutlen Gibbons Hale
Hall Hill Keyton Knight of Berrien Lee of Clinch Lee of Clayton Logan Lokey Mullis Murphy Pickard
Russell Rutland Singer Smith of Forsyth Smith of Telfair Steis Teague Wells of Peach White Wilson of Cobb Mr. Speaker
On the motion to table, the ayes were 99, nays 73.
The motion prevailed and SB 123 was tabled.
Messrs. Bedgood of Clarke and Blair of Sumter stated that they voted "aye" inadvertently, and requested that the Journal show them as having voted "nay" on the motion to table.
Mr. Rutland of DeKalb requested that the Journal show him as having voted
The Speaker announced the House recessed until 2:00 o'clock, this afternoon. AFTERNOON SESSION
The Speaker called the House to order.
The following supplemental report of the Committee on Rules was read and adopted:
1872
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for the afternoon session, Thursday, March 14, 1963 and, in addition to the Bills and Resolutions placed on the morning calendar, submits the following:
SB 74. Returns to Tax Receivers
SB 137. Pertaining to guardians appointed
SB 138. Pertaining to mentally ill persons
SB 139. State Hospital Administration The Speaker shall have the right to call the above Bills and Resolu tions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham,
Secretary
The following Resolution of the House was taken up for the purpose of considering the report of the Conference Committee thereon:
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, and others:
A Resolution creating the Governor's Commission to Improve Eudcation; and for other purposes.
The following report of the Conference Committee was read:
CONFERENCE COMMITTEE REPORT ON HR 21-23.
Mr. President:
Mr. Speaker:
The Conference Committee on HR 21-23 recommends as follows:
That the Senate recede from its position in adopting the amend ment offered by Senator Carter of the 14th, and further that the Senate and House recede from their position in adopting the Senate amendment offered by the Committee on Rules in the Senate, and that the following amendment to the original House Resolution 21-23 be adopted by the House and Senate, to-wit:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. There is hereby created a Commission to be known as the 'Governor's Commission to Improve Education', here inafter referred to as the 'Commission'. The Governor shall appoint
THURSDAY, MARCH 14, 1963
1873
as members on the Commission such number of citizens of Georgia, of recognized interest and expertise in the field of education as he deems advisable. He shall appoint eight members of the Gen eral Assembly of Georgia as members of the Commission. Said Commission shall serve until the time fixed by law for convening of the General Assembly in regular session in 1964, when the Commission shall stand abolished. The Governor shall fill all vacancies by appointment."
By striking Section 8 in its entirety and inserting in lieu thereof new Section 8 to read as follows:
"Section 8. The legislative members of the Commission shall receive the compensation, per diem, expenses and allowances au thorized for legislative members of interim legislative committees. The other members of the Commission shall receive no per diem or compensation for their services, but shall receive reimbursement for travel, lodging, meals and other actual expenses while away from their homes upon official business of the Commission, such expenses to be paid upon presentation of itemized vouchers by each such member, approved by the Chairman."
Respectfully submitted,
Pannell of the 54th
Gayner of the 5th
Webb of the llth
Bolton of Spalding
Busbee of Dougherty
Andrews of Stephens
Mr. Bolton of Spalding moved that the House disagree to the Conference Committee report and that the Speaker appoint a second Conference Com mittee 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 second Conference Committee on HR 21-23 on the part of the House, the following members: Messrs. Richardson of Chatham, Melton of Spalding, and Parker of Screven.
Under the General Order of Business established by the Committee on Rules, the following Bills of the Senate were again taken up for consideration and read:
SB 40. By Senator Conway of the 41st:
A Bill to be entitled an Act to provide for the wearing of badges by poll workers; and for other purposes.
1874
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Harris of DeKalb moves to amend SB 40 as follows:
By striking Setcion 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. All authorized managers, assistant managers and clerks conducting any election within this State shall display in a conspicuous manner upon their persons a badge divulging the person's name and position or function with respect to the election being conducted."
By striking from Section 2 the words "poll workers" and inserting in lieu thereof the word "persons".
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 Alien Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Blalock of Coweta Blalock of Clayton Bolton Bowen of Toombs Brantley Brown Bynum Byrd Carr Clarke of Monroe Coker of Cherokee Cullens Dean of Polk Dicus Dixon Dorminy
Duncan of Fannin Etheridge Floyd Fowler of Douglas Gibbons Groover Hale Harris Henderson House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Muscogee Jordan of Floyd Keadle Kelly Keyton Killian Laite Lambert Lee of Clayton Leonard Lindsey Lokey
Lowrey Mackay Matthews of Colquitt McClelland McKemie Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Nessmith Newton of Colquitt Partridge Payton Perry of Evans Peterson Pickard Ponsell Poole Pope Poss Reaves Richardson
THURSDAY, MARCH 14, 1963
1875
Rodgers Rowland Russell Sangster Shea Shuman Simpson Smith of Habersham Smith of Whitfield Snow
Spikes Stalnaker Steis Story Stuckey Towson Twitty Underwood of Taylor Waldrop Walker
Warren Watson Watts Wells of Oconee Wells of Camden Wilkes Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Baughman Black Bowen of Randolph Brackin Chance Clark of Catoosa Deen of Bacon DeVane Flynt
Fulford Hurst Jordan of Calhoun King Newton of Jenkins Parker Perry of Marion Phillips Roberts
Sewell Shaw Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Williams of Coffee
Those not voting were Messrs.:
Acree Blair Bowen of Dawson Branch Brooks of Oglethorpe Brooks of Fulton Busbee Caldwell Causby Chandler Coker of Turner Conger Conner Crummey Davis Duncan of Carroll Echols Fleming Flournoy Fowler of Truetlen Funk Greene Griffin Hall Harrell
Harrington Herndon Hill Horton Hull Jones of Liberty Jones of Worth Jones of Lumpkin Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Dougherty Lewis Logan Matthews of Clarke McCracken McDonald McGarity Meeks Melton Moate Mullis Odom
Overby Pafford Paris Rainey Raulerson Rhodes Roper Rutland Scarborough Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Tabb Teague Vaughn Ware Wells of Peach White Wilson of Cobb Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 126, nays 25.
1876
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 31. By Senator Downing of the 1st:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia, relating to the Workman's Compensation, so as to provide a time limita tion for investigating and entering into agreements to pay compensation; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Industrial Relations moves to amend SB 31 by striking from the fifth line of Section 15 of said Bill following the figures and word "114-710. Appeals" the words "to superior court".
An amendment offered by Mr. Lee of Clinch was read and lost.
The following amendment was read:
Mr. Murphy of Haralson moves to amend SB 31 as follows:
By striking the figures and words "60 per cent" as same appears in Sections 114-404 of Section 5 of said Bill and inserting in lieu thereof the words and figures "70 per cent".
On the adoption of the amendment the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ballard Baughman Bedgood Bowen of Toombs Byrd Causby Conger Dorminy Fleming Griffin Johnson of Warren Keyton Knight of Berrien
Lane Lee of Clinch Leonard Lindsey Matthews of Clarke McDonald Meeks Milford Milhollin Moate Morgan of Newton Murphy Nessmith
Newton of Colquitt Paris Poss Rainey Reaves Russell Sangster Smith of Habersham Tucker of Catoosa Underwood of Taylor Williams of Coffee Wilson of Cobb
THURSDAY, MARCH 14, 1963
1877
Those voting in the negative were Messrs.:
Abney Acree Alien Anderson Andrews Barber Bell Blair Blalock of Clayton Bolton Branch Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Coker of Cherokee Cullens Dean of Polk Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Flournoy Floyd Fowler of Douglas Funk Greene Groover Harrell Harrington Harris
Henderson House Houston Hull Hurst Isenberg Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Killian Kirkland Knight of Laurens Laite Lambert Lee of Clayton Lee of Dougherty Lewis Lokey Lowrey Mackay Matthews of Colquitt McClelland McCracken Melton Mitchell Moore Newton of Jenkins Odom Overby Parker Payton Perry of Evans Peterson Phillips
Pickard Ponsell Poole Pope Richardson Rodgers Roper Rowland Rutland Scarborough Sewell Shea Simmons Simpson Sinclair Smith of Whitfield Snow Spikes Story Stuckey Tabb Teague Twitty Underwood of
Montgomery Vaughn Waldrop Warren Watson Watts Wells of Peach Wells of Camden Wilkes Williams of Hall
Those not voting were Messrs.:
Arnsdorff Bagby Black Blalock of Coweta Bowen of Randolph Bowen of Dawson Brackin Brantley Brooks of Oglethorpe Brooks of Fulton Brown Carr Clarke of Monroe Coker of Turner
Conner Crummey Davis Deen of Bacon DeVane Flynt Fowler of Treutlen Fulford Gibbons Hale Hall Herndon Hill Horton
Johnson of Elbert Jones of Liberty Jones of Lumpkin Keadle Kelly King Logan McGarity McKemie Mixon Morgan of Gwinnett Mullis Pafford Partridge
1878
JOURNAL OP THE HOUSE,
Perry of Marion Raulerson Rhodes Roberts Shaw Shuman Singer Smith of Forsyth
Smith of Telfair Smith of Emanuel Stalnaker Steis Todd Towson Tucker of Burke Walker
Ware Wells of Oconee White Wilson of Brantley Woodward Mr. Speaker
On the adoption of the amendment the ayes were 38, nays 103.
The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Brown Busbee Bynum Caldwell Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conger
Cullens Dean of Polk Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd Fowler of Douglas Funk Greene Griffin Groover Hale Harrell Harrington Harris House Houston Hull Hurst Isenberg
Jones of Liberty Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Killian King Kirkland Knight of Laurens Laite Lambert Lee of Clayton Lee of Dougherty Leonard Lewis Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McGarity McKemie Meeks
THURSDAY, MARCH 14, 1963
1879
Melton Milhollin Mitchell Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Overby Paris Parker Payton Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey
Raulerson Rhodes Richardson Roberts Rodgers Roper Rowland Rutland Sangster Scarborough Sewell Shaw Shea Simmons Simp son Sinclair Smith of Habersham Smith of Whitfield Snow Steis Story Stuckey Tabb
Teague Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop Walker Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Alien Baughman Bowen of Toombs Branch Deen of Bacon Fulford Henderson Johnson of Elbert
Johnson of Warren Keyton Knight of Berrien Lee of Clinch Lindsey McDonald Milford Newton of Colquitt
Pafford Partridge Reaves Russell Spikes Ware Woodward
Those not voting were Messrs.:
Black Blalock of Coweta Brantley Brooks of Oglethorpe Brooks of Fulton Byrd Carr Causby Clarke of Monroe Conner Crummey Davis DeVane
Flynt Fowler of Treutlen Gibbons Hall Herndon Hill Horton Jordan of Calhoun Kelly Lane Logan Mixon Mullis
Nessmith Perry of Marion Shuman Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Stalnaker Tucker of Burke White Mr. Speaker
On the passage of the Bill, as amended, the ayes were 145, nays 23.
1880
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 7. By Senator Miller of the 50th:
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.
The following amendments were read and adopted:
Mr. Melton of Spalding moves to amend SB 7 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
Section 1. Code Section 32-1004, relating to the qualifications of county school superintendents, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Sec tion 32-1004 to read as follows:
"32-1004. Before any person shall be qualified or eligible to hold office of the county superintendent of schools, he shall have earned and hold a five-year degree from an accredited college or university, or shall have not less than a four-year degree earned and held from an accredited college or university and shall have registered for courses leading toward obtaining the requirements of a five-year certificate, and shall have had not less than three years of actual teaching or education ad ministration experience, and, shall be a person of good moral character, never convicted of any crime involving moral turpi tude. Before being eligible to qualify for election, candidates for the position of county superintendent of schools must file with the State Board of Education, a certificate under oath, showing qualification hereunder."
Mr. Melton of Spalding moves to amend SB 7 as follows:
By adding a comma after the word "Act" in Section 2 and adding the following:
"nor shall it apply to any person who has served at least one term as a county superintendent of schools."
Mr. Killian of Glynn moves to amend SB 7 by adding at the end of Section 1, the following words:
"Provided, that this Act shall not affect any school system in existence prior to the adoption of the Constitution of 1877, nor any superintendent of schools of any such school system."
Mr. Duncan of Carroll moves to amend SB 7 by adding after the word "schools" in line 7, the following:
"He shall be a citizen of the county."
THURSDAY, MARCH 14, 1963
1881
An amendment offered by Mr. Raulerson of Echols was read and lost.
An amendment offered by Mr. Echols of Upson was read and withdrawn.
An amendment offered by Mr. Groover of Bibb was read and withdrawn.
An amendment offered by Mr. Brantley of Candler was read and with drawn.
Mr. Underwood of Montgomery moved the previous question and the motion prevailed.
The previous question was ordered.
Mr. Underwood of Montgomery moved that the House reconsider its action in ordering the previous question.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Acree
Anderson
Arnsdorff
Bagby
Ballard
Barber
Baughman
Blair
Bowen of Randolph
Bowen of Dawson
Brantley
Brooks of Oglethorpe
Byrd
Caldwell
Chance
Coker of Turner
Conger
Conner
.
Cullens
Deen of Bacon
DeVane
Dixon
Duncan of Fannin Echols Flournoy Flynt Funk Greene Griffin Hale Harrington Harris Henderson Houston Hurst
Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Calhoun Kirkland Laite
Leonard
Lewis Lindsey Lowrey Matthews of Colquitt McCracken McDonald McKemie Meeks Milford Mixon Moate Morgan of Gwinnett Morgan of Newton
Murphy Nessmith Overby Pafford Partridge Perry of Evans Peterson
1882
Ponsell Poss Eaulerson Richardson Roberts Sangster Shea Shuman Simmons
JOURNAL OF THE HOUSE,
Simpson Stalnaker Steis Tabb Teague Todd Twitty Underwood of
Montgomery
Warren Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Abney Alien Andrews Black Blalock of Clayton Branch Brown Busbee Bynum Carr Chandler Clark of Catoosa Coker of Cherokee Dean of Polk Etheridge Gibbons Groover
House Jones of Muscogee Keadle Knight of Laurens Lee of Clinch Lee of Dougherty McClelland McGarity Melton Milhollin Moore Newton of Jenkins Newton of Colquitt Odom Parker Phillips Poole
Pope Reaves Rhodes Rodgers Shaw Smith of Habersham Smith of Whitfield Snow Story Tucker of Catoosa Waldrop Walker Ware Watson Watts Woodward
Those not voting were Messrs.:
Bedgood Bell Blalock of Coweta Bolton Bowen of Toombs Brackin Brooks of Pulton Causby Clarke of Monroe Crummey Davis Dicus Dorminy Duncan of Carroll Fleming Floyd Fowler of Douglas Fowler of Treutlen Fulford Hall Harrell Herndon
Hill Horton Hull Isenberg Jones of Liberty Jordan of Floyd Kelly Keyton Killian King Knight of Berrien Lambert Lane Lee of Clayton Logan Lokey Mackay Matthews of Clarke Mitchell Mullis Paris Payton
Pickard Perry of Marion Rainey Roper Rowland Russell Rutland Scarborough Sewell Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Spikes Stuckey Towson Tucker of Burke Underwood of Taylor White Mr. Speaker
THURSDAY, MARCH 14, 1963
1883
On the motion to reconsider, the ayes were 89, nays 50.
The motion prevailed and the House reconsidered its action in ordering the previous question on SB 7.
Mr. Tucker of Catoosa moved that the Bill 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.:
Anderson Deen of Bacon DeVane Dorminy Harrell Herndon Houston Johnson of Warren
Jones of Worth Knight of Laurens Matthews of Colquitt McCracken Milhollin Phillips Raulerson Reaves
Roberts Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Warren Woodward
Those voting in the negative were Messrs.:
Abney Acree Alien Andrews Arnsdorff Bagby Ballard Barber Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bowen of Dawson Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Carr Chance
Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Dixon Duncan of Fannin Echols Etheridge Flournoy Floyd Funk Gibbons Greene Griffin Groover Hale Harrington Harris Henderson Horton House
Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Melton Milford
1884
JOURNAL OF THE HOUSE,
Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Nessmith Newton of Jenkins Newton of Colquitt Odom Overby Pafford Parker Partridge Payton Perry of Evans Peterson
Ponsell Poole Pope Poss Rhodes Rodgers Sangster Scarborough Sewell Shaw Shea Shuman Simmons Simpson Smith of Habersham Smith of Whitfield Spikes
Stalnaker Steis Story Towson Twitty Underwood of Taylor Vaughn Walker Ware Watson Watts Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley
Those not voting were Messrs.:
Baughman Black Bolton Bowen of Randolph Brackin Brooks of Pulton Causby Clark of Catoosa Conner Crummey Dicus Duncan of Carroll Fleming Flynt Fowler of Douglas Fowler of Truetlen Fulford Hall Hill
Hull Hurst Isenberg Jones of Liberty Kelly Keyton King Knight of Berrien Lane Logan Lokey Meeks Mullis Murphy Paris Perry of Marion Pickard Rainey Richardson
Roper Rowland Russell Rutland Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Snow Stuckey Tabb Teague Waldrop Wells of Peach Wells of Camden White Wilson of Cobb Mr. Speaker
On the motion to table, the ayes were 23, nays 125.
The motion to table was lost.
The previous question was ordered.
The main question was ordered.
THURSDAY, MARCH 14, 1963
1885
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 Acree Alien Arnsdorff Bagby Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brown Busbee Bynum Byrd Caldwell Carr Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner
Conger Davis Dean of Polk DeVane Dixon Duncan of Fannin
Echols Etheridge Fleming Flournoy Floyd Fulford Funk
Greene Griffin Groover Harrington Harris Henderson House Houston Hull Hurst Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Knight of Laurens Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lokey Lowrey Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Nessmith Newton of Jenkins
Newton of Colquitt Odom Overby Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Ponsell Poole Pope Poss Reaves Richardson Roberts Rodgers Roper Rowland Sangster Scarborough Sewell Shea Shuman Simmons Simpson Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Tabb Teague Towson Twitty Underwood of
Montgomery Underwood of Taylor
Vaughn Walker
1886
Ware Watson Watts
JOURNAL OF THE HOUSE,
Wells of Peach Wilkes Williams of Coffee
Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Ballard Brooks of Oglethorpe Clark of Catoosa Fowler of Douglas Harrell Horton Johnson of Warren Jones of Worth
Lindsey Matthews of Colquitt McCracken Moate Morgan of Newton Murphy Phillips Raulerson
Shaw Todd Tucker of Catoosa Warren Wells of Oconee Wilson of Brantley
Those not voting were Messrs.:
Anderson Andrews Bolton Brooks of Fulton Conner Crummey Cullens Deen of Bacon Dicus Dorminy Duncan of Carroll Flynt Fowler of Treutlen Gibbons Hale
Hall Herndon Hill Isenberg Jones of Liberty Kelly Keyton King Knight of Berrien Lane Logan Mullis Pickard Rainey Rhodes
Russell Rutland Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Stuckey Tucker of Burke Waldrop Wells of Camden White Woodward Mr. Speaker
On the passage of the Bill, as amended, the ayes were 139, nays 22.
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 257. By Messrs. Smith of Grady and Bolton of Spalding: A RESOLUTION
Commending Honorable George L. Smith II, and for other purposes. WHEREAS, Honorable Geo. L. Smith II, has served for eighteen
THURSDAY, MARCH 14, 1963
1887
years in the General Assembly of Georgia as a Representative from Emanuel County; and
WHEREAS, from 1947 to 1954, he served with ability and distinction as the Speaker Pro Tempore of the House of Representatives; and
WHEREAS, from 1959 to 1962, he was elected by the members of the House to serve as their Speaker and presiding officer, and dur ing such time, he presided with dignity, decorum and a degree of par liamentary efficiency and talent rarely possessed and demonstrated by
any one individual; and
WHEREAS, during his long tenure of service to the people of his community, his county, this august body and the State of Georgia, his many and varied abilities, kindnesses, and courtesies have endeared him to the hearts of all his fellow Georgians, and especially to those members of the General Assembly who have had the pleasure of serving and laboring with him in his efforts to improve and enhance the efficiency, dignity and respect of the General Assembly; and
WHEREAS, the members of this body deem it proper and fitting that official cognizance of his accomplishments and service be duly noted.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body expresses its deepest and sincerest appreciation to Honorable Geo. L. Smith II for his many hours of per sonal labor which have been devoted to public service, for his assistance to so many members of this House, for his devotion to his duties and the many tasks which came before him while serving in his official capacity, and for his outstanding leadership abilities demonstrated in most difficult and trying times.
BE IT FURTHER RESOLVED that each and every member of this body does hereby express to the Honorable Geo. L. Smith II, that it is indeed an honor to continue to serve with so able and distinguished a gentleman and Statesman.
BE IT FURTHER RESOLVED that a copy of this Resolution be appropriately framed and presented to the Honorable Geo. I. Smith II, the gentleman from Emanuel.
HR 266. By Messrs. Ware of Troup, Lee of Clayton and others:
A RESOLUTION
Expressing appreciation for the outstanding job accomplished by the House basketball team; and for other purposes.
WHEREAS, on the night of March 13, 1963, if the question of resources, prowesses and abilities possessed by the respective Houses of
1888
JOURNAL OF THE HOUSE,
this General Assembly were ever in doubt, the historical position taken by this House was and is forever vindicated and maintained; and
WHEREAS, the gallant men of the House soundly and decisively defeated, trounced and smeared the pathetic efforts proffered by the tired old men of the Senate to keep abreast of the vigorous, energetic and progressive members of the House in the now famous clash of the great Houses at Alexander Memorial Coliseum; and
WHEREAS, the Gentleman from Jeff Davis deserves special credit and commendation for his contributions thereto, as well as the charm ing and vivacious cheerleaders led by the "Husky" Gentleman from Dougherty.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that the members of the House basketball team are hereby commended for their heroic efforts in sending the Senate team down to a most deserving and humiliating defeat.
BE IT FURTHER RESOLVED, that in recognition of the Gentle man from Jeff Davis' prowess and abilities, he shall hereafter be affectionately dubbed the House's own "Eight Point Buck".
BE IT FURTHER RESOLVED, that appreciation is hereby ex tended to Husky Odom for his efforts in whipping to fever pitch the enthusiasm demonstrated by the House membership in rooting for their boys.
HB 267. By Messrs. Jones of Liberty, Warren of Wayne and others:
A RESOLUTION
Commending Colonel Arthur W. Tyson, Post Commander, Fort Stewart, Georgia; and for other purposes.
WHEREAS, Colonel Arthur W. Tyson, for the past few months, has assumed command at Fort Stewart, Georgia; and
WHEREAS, under his command, unprecedented progress has been made in the physical appearance of Fort Stewart, new recreational facilities having been constructed as well as new buildings and a gen eral face-lifting of the entire Fort having transpired; and
WHEREAS, due to Colonel Tyson's effective leadership, a har monious atmosphere of intercourse between military personnel and the citizens of the surrounding community has been established; and
WHEREAS, Colonel Tyson has done an outstanding job of main taining the military alertness of those personnel under his command, having maintained a degree of proficiency and skill which enabled Fort
THURSDAY, MARCH 14, 1963
1889
Stewart, over night, to accommodate and absorb the influx of the entire First Armored Division during the recent Cuban crisis; and
WHEREAS, it is befitting that the outstanding abilities and ac complishments of Colonel Tyson in establishing and promoting better military-civilian relations, and in maintaining a high degree of military preparedness and efficiency be recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this Body does hereby commend and con gratulate Colonel Arthur W. Tyson for his abilities and accomplishments while Commander at Fort Stewart, Georgia.
BE IT FURTHER RESOLVED, that this Body does hereby express its sincerest appreciation for the fine work being accomplished by this outstanding soldier.
BE IT FURTHER RESOLVED, that the Clerk of the House is hereby authorized and directed to transmit suitable copies of this Reso lution to Colonel Arthur W. Tyson, the Commanding General of the Third United States Army, the Chief of Staff of the United States Army, and the Secretary of Army.
HR 268. By Messrs. Ware of Troup, Smith of Emanuel, and others:
A RESOLUTION
Congratulating Mr. and Mrs. Paul Owen; and for other purposes.
WHEREAS, Mr. and Mrs. Paul Owen are the proud new parents of a baby daughter, Lica Paulette, born on March 3, 1963; and
WHEREAS, Mrs. Owen is the charming and popular Iris Campbell Owen who has served most efficiently in the Office of the Speaker of the House for several sessions;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that sincerest congratulations are hereby ex tended to Mr. and Mrs. Paul Owen upon the happy and momentous occasion of the birth of their daughter.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. and Mrs. Paul Owen,
HR 269. By Messrs. Ware and Spikes of Troup:
A RESOLUTION Expressing regrets at the passing of Dr. Hollis Hand; and for other purposes.
1890
JOURNAL OF THE HOUSE,
WHEREAS, on March 14, 1963, Dr. Hollis Hand was killed in a tragic airplane accident in LaGrange, Georgia; and
WHEREAS, Dr. Hand was the brother of Fred Hand, distinguished former Speaker of the House of Representatives for the General As sembly of Georgia; and
WHEREAS, for many years Dr. Hand had been an outstanding leader of the business and civic life of his community; and
WHEREAS, Dr. Hand was a distinguished leader of the medical profession of his community and State; and
WHEREAS, the many contributions of Dr. Hand to the cultural and business life of this State shall be sorely missed; and
WHEREAS, this tragic loss to this fine family has been com pounded by the loss of Hollis Hand, Jr. in the same accident.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this Body does hereby express its deepest and sincerest sympathy to the members of Dr. Hand's family and does further express its regrets at the passing of this most distinguished citizen of the State of Georgia.
BE IT FURTHER RESOLVED, that the Clerk of the House is hereby authorized and instructed to transmit a copy of this Resolution to the family of Dr. Hand.
HR 270. By Messrs. Perry of Marion and Pickard of Muscogee, and others:
A RESOLUTION
Expressing appreciation to the Columbus Ledger and Columbus Enquirer; and for other purposes.
WHEREAS, copies of the Columbus Ledger and Columbus Enquirer have been provided to the members of the House during this Session of the General Assembly, as well as during past Sessions of the General Assembly; and
WHEREAS, this gesture on the part of these newspapers is deeply appreciated by the members of this Body and this service has been very helpful in keeping these members informed as to current news events of this period of time; and
WHEREAS, the Honorable Ben Walburn and the Honorable Jim Wynn, Ledger-Enquirer staff members, have been most courteous, com petent and thorough in their on the Spot coverage of developments in the General Assembly;
THURSDAY, MARCH 14, 1963
1891
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES, that this Body hereby expresses its sincerest appreciation to Mr. Wynn, Mr. Walburn, and the publishers and editors of the Columbus Ledger and Columbus Enquirer for their coverage and consideration in furnishing the members of this Body with copies of these papers.
BE IT FURTHER RESOLVED that the Clerk of the House is here by instructed to transmit a copy of this Resolution to the aforesaid persons.
HR 271. By Mr. Brown of Hart:
A RESOLUTION
Commending the Honorable N. S. Hayden, the American Trucking Association and the Hartwell Sun for their efforts in the field of high way safety; and for other purposes.
WHEREAS, the need for continued efforts to reduce the frightful toll of human lives on Georgia highways is a direct responsibility of every citizen of this State; and
WHEREAS, one of the best means of educating the motoring public in highway and traffic safety programs is through the means of the press; and
WHEREAS, the American Trucking Association through its annual Newspaper Safety Writing Competition has focused attention on this vital problem; and
WHEREAS, the newspapers of the State are constantly waging an educational campaign aimed at the reduction of highway accidents; and
WHEREAS, N. S. Hayden of the Hartwell Sun, has won a firstplace $500.00 award in the editorial class of the above-mentioned compe tition;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that the American Trucking Association, Mr. Hayden and the Hartwell Sun, be commended for their efforts in the field of highway safety; and
BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the managing director of the American Trucking Associa tion, to Mr. Hayden and to the publisher of the Hartwell Sun.
1892
JOURNAL OP THE HOUSE,
HR 272. By Messrs. Pickard, Dicus and Jones of Muscogee, and others:
A RESOLUTION
Expressing appreciation to the Woodruff family of Columbus, Geor gia, for their gift of Woodruff Hall to the University of Georgia; and for other purposes.
WHEREAS, Woodruff Hall, located at the University of Georgia, was given to the University many years ago by the Woodruff family of Columbus, Georgia; and
WHEREAS, at the time of its construction and presentation it was a magnificant structure, very few educational institutions in the South possessing any similar structure which surpassed it; and
WHEREAS, for a number of years all of the home games of the University of Georgia basketball team have been conducted in Wood ruff Hall; and
WHEREAS, Woodruff Hall has contributed not only to the athletic life of the University but has been the situs of so many of the Uni versity's social and cultural gatherings; and
WHEREAS, this Hall, so generously donated to the University of Georgia, has contributed so much to the academic life of the countless students and faculty members thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that this Body does hereby express its sincerest appreciation and many thanks to the generosity of the Woodruff family in providing the University with a means whereby so many varied and enriching functions and experiences have taken place.
HR 273. By Messrs. House of Bibb, Groover and Laite of Bibb:
A RESOLUTION
Expressing regrets at the passing of Honorable Lawrence J. Brown; and for other purposes.
WHEREAS, Honorable Lawrence J. Brown, 2272 Kingsley Avenue, Macon, Georgia, passed away on Wednesday, March 13, 1963, and
WHEREAS, when a child of five, he fell from a brick wall injuryhis spine which a year later left him crippled and unable to walk there after; and
WHEREAS, he overcame his physical handicap, organized a sue-
THURSDAY, MARCH 14, 1963
1893
cessful business, entered politics and became one of the most devoted and conscentious public officials in Bibb County; and
WHEREAS, he was serving his fourth consecutive term as a mem ber of the Bibb County Commission; and
WHEREAS, he was chairman of the license, tax, charity and health committees and a member of the finance committee; and
WHEREAS, he was always faithful in his duties as commissioner, never missing a meeting until his recent illness; and
WHEREAS, this capable and trustworthy public servant will be sorely missed by all citizens of Bibb County and by all other citizens of the State of Georgia; and
WHEREAS, because of his willingness to discharge his duties of office at times of personal pain, he was an inspiration to all who knew him.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that deepest regrets are hereby expressed upon the passing of Honorable Lawrence J. Brown and the sympathy of each member 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 bereaved widow of Honorable Lawrence J. Brown and to the Bibb County Com mission.
Mr. Bolton of Spalding 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.
1894
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, March 15, 1963
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 George W. Cummins, Jr.. Pastor of the First Baptist Church, Cairo, Georgia:
SCRIPTURE: Deut 6:4, 5 -- Matt. 22:37-40 -- Romans 12: 1,2, 13: 1-10.
Gracious Father, in whom we live, and move,
and have our being -- we come on behalf of
these servants of the people to ask of Thee --
the gift of insight into truth and the grit to do
the truth -- and understanding of time and the
determination to neither squander it nor
selfishly hoard it, but faithfully and creatively
use it -- and also, the courage to accept and
cultivate our talents, even as we sense our limitations.
Thus blend these remaining hours of service
with the talents here assembled, and get to
Thyself, Truth, and Rightousness, and Justice.
Amen.
By unanimous consent the call of the roll was dispensed with
Mr. Clarke of Monroe, 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
FRIDAY, MARCH 15, 1963
1895
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, March 15, 1963, and submits the following:
SB 3. Aid to Dependent Children, define "dependent child" SB 14. Inspection of motor vehicles SB 26. School bus drivers, chauffeurs' license SR 34. Election Study Commission, extend time SB 41. Airport Act, landing fees SR 47. Educational expenses, urge U.S. Congress to support tax ex
emptions SB 71. Application for bank charters (reconsidered) SB 74. Returns to Tax Receivers SB 81. Payment of education grants SB 130. Corporation laws, amend SB 131. Peace Officers' Fund, disability benefits SB 137. Pertaining to guardians appointed SB 138. Pertaining to mentally ill persons SB 139. State Hospital Administration SB 145. Provide information, Governor-elect SB 146. Manufacturers of motor vehicles, registration SB 148. Jekyll Island-State Park Authority SB 164. Retirement system, minimum floor for teachers
The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
Richardson of Chatham,
Secretary.
1896
JOURNAL OF THE HOUSE,
Mr. Conner of Jeff Davis moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:
SB 65. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to authorize and empower the State Fire Marshal to make arrests and carry weapons; and for other purposes.
The motion prevailed and the House has reconsidered.
Mr. Conner of Jeff Davis asked unanimous consent that SB 65 be placed on the Rules Committee calendar.
The consent was granted and SB 65 was added to the Rules calendar.
By unanimous consent, the following Bills and Resolution of the House were read the second time:
HR 256-689. By Mr. Houston of Pierce:
A Resolution to compensate the Nimmer Chevrolet Company; and for other purposes.
HB 690. By Messrs. Chandler of Baldwin, Roberts of Jones, Laite of Bibb, Mackay of DeKalb, Harrington of Baldwin and Lane of Bulloch and others:
A Bill to be entitled an Act to create the "Georgia Residential Home Builders Commission; and for other purposes.
HB 691. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act entitled "The Motor Vehicle Certificate of Title Act", so as to require the identification num ber of the motor of a vehicle to be stamped into the metal engine housing block; and for other purposes.
Mr. Hale of Dade County, Chairman of the Committee on Local Affairs, submitted the following report:
FRIDAY, MARCH 15, 1963
1897
Mr. Speaker:
Your Committee on Local Affairs has had under consideration the following Bills and Resolutions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations'.
SB 122. Do Pass. SB 144. Do Pass. SB 158. Do Pass. SB 159. Do Pass. SR 91. Do Pass.
Respectfully submitted, Hale of Dade, Chairman.
Mr. Bolton of Spalding County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 124. Do Not Pass. HB 597. Do Not Pass.
Respectfully submitted, Bolton of Spalding, 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 of the House to-wit:
HB 426. By Messrs. Steis of Harris and Andrews of Stephens:
A Bill to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide for a civil defense organization for each county; and for other purposes.
1898
JOURNAL OF THE HOUSE,
The Senate recedes from its position on the following Bill of the House:
HB 421. By Messrs. Mackay of DeKalb, Payton of Coweta and others:
A Bill to establish and constitute the Study Commission on Industrial Loan Business; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 100. By Mr. Barber of Jackson:
A Bill to amend an Act establishing a State Board of Education, so as to authorize the State Board of Education to make available instruc tional courses through the medium of educational television; and for other purposes.
HB 365. By Mr. Milhollin of Coffee:
A Bill to amend an Act establishing standards for weights and measures, so as to provide for licensing and bonding of persons operating moisture testing equipment and procedure connected therewith; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HR 169. By Mr. Williams of Hall: A Resolution to compensate Claubus E. Adams; and for other purposes.
HR 173. By Mr. Parker of Screven: A Resolution to compensate J. T. Bailey; and for other purposes.
HR 186. By Messrs. Mackay and Harris of DeKalb: A Resolution to compensate Robert L. Norquist; and for other purposes.
HR 190. By Mr. Sangster of Dooly: A Resolution to provide compensation for Bowles & Tillinghast, Inc., Actuaries and Employee Benefit Plan Consultants for services rendered for the Interim Legislative Committee to study matters relating to the
FRIDAY, MARCH 15, 1963
1899
retirement of employees of the Department of Public Safety, created by Resolution at the 1962 Session of the General Assembly; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 557. By Mr. McClelland of Fulton:
A Bill to amend an Act providing the fees of an auditor shall be taxed by the judge and providing for the amount of such fees; and for other purposes.
HB 444. By Messrs. Mitchell and Smith of Whitfield:
A Bill to create a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit to be composed of the counties of Whitfield and Murray; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to-wit:
HB 107. By Mr. Rowland of Johnson:
A Bill to amend an Act relating to the transaction of business with Ordinaries, so as to provide for the closing of the Ordinary's Office for two half days per week; and for other purposes.
HB 247. By Messrs. Paris of Barrow, Knight of Berrien and others:
A Bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 435. By Messrs. Bowen of Toombs, Fowler of Treutlen and others:
A Bill to amend an Act known as the "Georgia Fertilizer Act of 1960," so as to redefine term "manufacturer"; and for other purposes.
1900
JOURNAL OF THE HOUSE,
HB 485. By Messrs. Towson of Laurens and Duncan of Carroll:
A Bill to provide for the retention of certain benefits received from the State Department of Public Welfare by certain individuals under certain conditions; and for other purposes.
HB 498. By Messrs. Richardson, Funk and Shea of Chatham:
A Bill to amend an Act creating a Board of Health in each county and providing for payment of the expenses of county health departments by towns and cities under certain conditions, so as to change the method of payment of expenses of county health departments; and for other purposes.
HR 29. By Messrs. Walker and Gibbons of Lowndes:
A Resolution to compensate Mrs. Christine P. King, (State Highway Dept.); and for other purposes.
HR 39. By Mr. Wiliams of Hall: A Resolution to compensate W. L. West, Sr., and for other purposes.
HR 46. By Mr. McCracken of Jefferson: A Resolution to compensate Edsel Scarboro; and for other purposes.
HR 49. By Mr. Pickard of Muscogee:
A Resolution to compensate Mrs. Richard L. Bell; and for other purposes.
HR 94. By Mr. Kirkland of Tattnall:
A Resolution to compensate Miss Sarah Lynn Rountree; and for other purposes.
HR 95. By Mr. Duncan of Fannin: A Resolution to compensate Luther Callihan; and for other purposes.
HR 110. By Mr. Payton of Coweta:
A Resolution to compensate Mrs. Elizabeth M. North; and for other purposes.
FRIDAY, MARCH 15, 1963
1901
HR 122. By Mr. Stuckey of Dodge: A Resolution to compensate Mr. J. O. Justice; and for other purposes.
HR 166. By Messrs. Rodgers of Charlton and Wells of Camden:
A Resolution designating the Alva P. Hopkins, Jr., Bridge; and for other purposes.
HB 602. By Messrs. Herndon of Appling, Deen of Bacon and others:
A Bill to amend an Act known as the "Minimum Foundation Program for Education Act", as amended, so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes.
HR 258. By Mr. Laite of Bibb:
A Resolution relative to the State Highway Department to use domestic materials in constructing and repairing roads and bridges; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 397. By Mr. Killian of Glynn:
A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 594. By Mr. Smith of Grady:
A Bill to create the Claims Advisory Board; to provide for the composi tion, powers, duties and authority of said Board; and for other purposes.
HB 562. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act known as "The Welfare Reorganization Act of 1937". so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.
1902
JOURNAL OF THE HOUSE,
HB 477. By Mr. Wilkes of Cook:
A Bill to prohibit the hunting and taking of certain birds; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bills of the House to-wit:
HB 656. By Mr. Barber of Jackson:
A Bill to amend an Act creating a Board of County Commissioners for the County of Jackson, relating to the distribution of U. S. Department of Agriculture surplus commodities; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 527. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Bill to amend an Act entitled "An Act to codify the school laws of the State of Georgia, so as to provide that the Board of Education of any county school district shall have the power to equip facilities for education beyond the 12th grade; and for other purposes.
HB 429. By Messrs. Smith of Grady, Rutland of DeKalb and others:
A Bill to amend an Act relating to the powers, duties and rights of the Board of Health and the Director of the Department of Public Health, so as to authorize the Director to execute instruments to release proper parties from further compliance with certain contractual obligations; and for other purposes.
HB 265. By Messrs. Bell, Hull and Fleming of Richmond and others:
A Bill to amend an Act relating to trial of civil cases at return term; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether:
A Bill to provide that no State official shall be compensated for any ex-officio office unless the Act creating such office specifically pro vides for payment; and for other purposes.
FRIDAY, MARCH 15, 1963
1903
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to-wit:
HB 495. By Messrs. Keyton and Russell of Thomas and others:
A Bill to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State Officials, so as to change the compensation of the State Su pervisor of Purchases; and for other purposes.
HB 352. By Mr. Lee of Clinch:
A Bill to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in 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 has disagreed to House amendment and respectfully requests that a Committee of Conference be appointed on the following Bill of the Senate:
SB 114. By Senator Kidd of the 25th:
A Bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; to define its jurisdiction and powers; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate, Senators Knox of the 24th, Kidd of the 25th and Hunt of the 26th.
The Senate has adopted the report of the Committee of Conference on the following Resolution of the House to-wit:
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding and others:
A Resolution creating the "Governor's Commission To Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.
1904
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has adopted as amended by the the requisite constitutional majority the following Resolutions of the House to-wit:
HR 219-650. By Messrs. Mackay, Rutland and Harris of DeKalb: A Resolution to create for the Citizens of DeKalb County a Commission to study the administration of justice; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the Senate to-wit:
SR 115. By Senators Gayner of the 5th, Rowan of the 8th and others: A Resolution petitioning the Congress of the United States to reject the changes in timber taxation proposed by the Secretary of the Treasury.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 31. By Senator Downing of the 1st:
A Bill relating to Workman's Compensation, as amended, so as to provide a time limitation for investigating and entering into agreements to pay compensation; and for other purposes.
By unanimous consent, the following Bills and Resolution, of the Senate were taken up for consideration and read the third time:
SR 91. By Senators Wesberry of the 37th, Brown of the 34th, Maclntyre of the 40th and others:
A Resolution providing for a Commission to study primary, general and special elections held in Fulton County, Georgia, for the nomination and election of public officials; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
FRIDAY, MARCH 15, 1963
1905
On the adoption of the Resolution, the ayes were 110, nay 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 122. By Senators Maclntyre of the 40th, Brewer of the 39th, Johnson of the 38th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Roswell, as amended, 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.
SB 158. By Senators Hunt of the 26th and Phillips of the 27th:
A Bill to be entitled an Act to amend the charter of the City of Macon, by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments 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.
SB 159. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Young Harris as the City of Young Harris, so as to change the number of council members; and for other purposes.
1906
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 144. By Senator Noble of the 19th: A Bill to be entitled an Act to amend an Act incorporating the Town of Cochran under the corporate name and style "City of Cochran", as amended, so as to create a Zoning Commission 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.
Mr. Dorminy of Ben Hill moved that the following Bill of the Senate be taken from the Table:
SB 32. By Senators Knox of the 24th, Gillis of the 20th, and others: A Bill to be entitled an Act to provide minimum standards for lumber placed in permanent construction, to provide for the enforcement of such standards by the Georgia Forestry Commission; and for other purposes.
The motion prevailed and SB 32 was taken from the table.
Mr. Dorminy of Ben Hill asked unanimous consent that SB 32 be recom mitted to the Committee on Natural Resources.
The consent was granted and SB 32 was recommitted to the Committee on Natural Resources.
FRIDAY, MARCH 15, 1963
1907
Mr. Mackay of DeKalb asked unanimous consent that the following Bills of the House be recommitted to the Committee on Rules:
HB 270. By Messrs. Jones of Lumpkin, Mackay of DeKalb, Jones of Muscogee: 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 a driver education program; and for other purposes.
HB 271. By Messrs. Jones of Lumpkin, Mackay and Harris of DeKalb, Jones of Muscogee, and others: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that no drivers' license shall be issued to any person under 18 years of age; and for other purposes.
HB 272. By Messrs. Jones of Lumpkin, Mackay and Harris of DeKalb, Greene of Bartow, and Killian of Glynn: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the fees for drivers' licenses; and for other purposes.
The consent was granted and HB 270, 271 and 272 were recommitted to the Committee on Rules.
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 164. By Senators Gillis of the 20th and Pannell of the 54th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for school teachers, so as to change the minimum floor for teachers who retired prior to July 1, 1961; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act To amend an Act establishing a retirement system for school teachers, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 6, 1962
1908
JOURNAL OF THE HOUSE,
(Ga. Laws 1962, p. 666), so as to provide for a partial payment of the floor by the Budget Bureau.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act establishing a retirement system for school teachers, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amend ed, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 666), is hereby amended by adding to Section 9 in the third sentence after the word "floor" as it appears the second time in said sentence the words "or any part thereof" so that when so amended Section 9 shall read as follows:
Section 9. Also, the board of trustees shall after an actuarial investigation into the benefit structure of the system, study the benefits being paid to the retired members prior to the effective date of this bill with authority to increase their retirement al lowances in keeping with actuarial soundness of the system. The board of trustees is hereby required to make available semiannually such funds as the income of the State will allow to the retirement structure for those members retired on or before July 1, 1961, until a minimum floor of six ($6.00) dollars for each year of service up to 40 years is reached. If the funds made available semi-annually are not sufficient to fully finance said aforemen tioned floor the amount necessary to reach said floor or any part thereof may be authorized by the Budget Bureau to be paid from State funds. Provided, however, that the contribution of State funds shall be reduced as the funds made available from the income of the retirement system is increased. Said practice shall continue until the retirement system can absorb the entire cost of maintaining said minimum six ($6.00) dollar floor.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Mr. Wilkes of Cook moves to amend the Committee substitute to SB 164 by striking the figures "$6.00" wherever they may appear in Section 9 and inserting in lieu thereof the figures "$5.00".
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:
FRIDAY, MARCH 15, 1963
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Ballard Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Toombs Busbee Bynum Byrd Caldwell Causby Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Echols Flournoy Floyd Flynt Fowler of Treutlen Fulford Funk Gibbons Greene Groover Harrell Harrington Harris
Hill Horton House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Kirkland Knight of Berrien Laite Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lokey Mackay Matthews of Clarke McClelland McCracken McKemie Meeks Melton Milford Milhollin Mixon Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Payton
1909
Perry of Evans Peterson Pickard Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Roper Rowland Russell Rutland Sangster Sewell Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Stalnaker Steis Story Stuckey Teague Todd Tucker of Catoosa Tucker of Burke Twitty Vaughn Waldrop Walker Ware Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs. :
Acree Alien Arnsdorff Bagby Baughman
Bolton Bowen of Dawson Brackin Branch Brantley
Brooks of Oglethorpe Brooks of Fulton Brown Carr Conger
1910
JOURNAL OF THE HOUSE,
Crummey Cullens Duncan of Carroll Etheridge Fleming Fowler of Douglas Griffin Hale Hall Henderson Herndon Hull Hurst Jones of Lumpkin King Knight of Laurens Lambert Lane
Leonard Lindsey Logan Lowrey Matthews of Colquitt McDonald McGarity Mitchell Moate Moore Mullis Nessmith Newton of Colquitt Perry of Marion Phillips Ponsell Rhodes Rodgers
Scarborough Shaw Shea Shuman Simmons Smith of Emanuel Smith of Whitfield Spikes Tabb Towson Underwood of
Montgomery Underwood of Taylor Warren Wells of Camden White Woodward Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Tabb of Miller requested that the Journal show him as having voted for the passage of SB 164.
SR 34. By Senators Brown of the 34th, Wesberry of the 37th and others:
A Resolution providing for the extension of time within which the elec tion study commission created by Res. No. 261 of the 1962 General Assembly shall make 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 roll call was ordered and the vote was as follows:
FRIDAY, MARCH 15, 1963
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Barber Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bowen of Toombs Brown Busbee Bynum Byrd Carr Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conger Dean of Polk Deen of Bacon DeVane Duncan of Fannin Etheridge Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Griffin Harrell Harrington Harris Hill Horton House
Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Keadle Kelly Keyton Killian Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke McClelland McCracken McKemie Milford Moate Moore Morgan of Gwinnett Murphy Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Payton Perry of Evans Peterson Phillips Pope
1911
Poss Raulerson Reaves Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shea Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Twitty Underwood of
Montgomery Vaughn Waldrop Walker Watts Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Arnsdorff Bagby Ballard Baughman Bolton Bowen of Randolph
Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Causby
Chandler Clark of Catoosa Conner Crummey Cullens Davis Dicus Dixon
1912
JOURNAL OF THE HOUSE,
Dorminy Duncan of Carroll Echols
Fleming Greene
Groover Hale Hall Henderson Herndon
Hull Hurst Jones of Liberty Jones of Lumpkin
Jordan of Floyd Jordan of Calhoun King Kirkland
Knight of Berrien Laite
Lambert Lane Logan
Matthews of Colquitt McDonald
McGarity Meeks Melton Milhollin Mitchell
Mixon Morgan of Newton Mullis Nessmith
Newton of Colquitt Perry of Marion Pickard Ponsell
Poole Rainey
Rhodes Shaw Shuman
Simmons Singer
Smith of Emanuel Smith of Whitfield Stuckey Tucker of Catoosa Tucker of Burke
Underwood of Taylci Ware Warren Watson
Wells of Peach Wells of Camden White Williams of Hall
Woodward Mr. Speaker
On the adoption of the Resolution, the ayes were 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 148. By Senator Pannell of the 54th:
A Bill to be entitled an Act to amend an Act creating the Jekyll Island State Park 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 Alien Anderson Andrews Arnsdorff
Barber Baughman
Bedgood Bell Black Blair Blalock of Coweta
Blalock of Clayton Bolton
Bowen of Dawson Bowen of Toombs Brackin Brantley Brooks of Oglethorpe
Brown Busbee
FRIDAY, MARCH 15, 1963
Bynum Byrd Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conger Davis Deen of Bacon DeVane Dixon Duncan of Fannin Echols Etheridge Flournoy Floyd Flynt Fowler of Treutlen Funk Gibbons Greene Hale Harrell Harrington Harris Henderson Horton House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly
Keyton Killian Knight of Laurens Knight of Berrien Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McKemie Meeks Milford Mixon Morgan of Gwinnett Murphy Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey
1913
Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Rutland Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Emanuel Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Walker Ware Watson Watts Wells of Peach Wells of Oconee Williams of Coffee Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Bagby Ballard Bowen of Randolph Branch Brooks of Fulton Caldwell Carr Causby Clarke of Monroe Conner
Crummey Cullens Dean of Polk Dicus Dorminy Duncan of Carroll Fleming Fowler of Douglas Fulford Griffin Groover
Hall Herndon Hill Hull Hurst Jones of Liberty King Kirkland Laite Lane Logan
1914
JOURNAL OF THE HOUSE,
McDonald McGarity Melton Milhollin Mitchell Moate Moore Morgan of Newton Mullis Nessmith Parker
Payton Perry of Marion Rodgers Sangster Shaw Singer Smith of Telfair Stuckey Teague Twitty
Underwood of Montgomery
Vaughn Waldrop Warren Wells of Camden White Wilkes Williams of Hall Wilson of Cobb Mr. Speaker
On the passage of the Bill, the ayes were 141, 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 consider ing the Senate amendment thereto:
HB 395. By Messrs. Fowler of Douglas and 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.
The following Senate amendment was read:
The Senate Committee on Public Utilities and Transportation moves to amend HB 395 as follows:
By inserting before the phrase "to repeal conflicting laws" the following "to provide for an effective date;".
By striking from Section 16, which Section is quoted in Section 9 of said Bill, the symbol and figure "$25.00" and substituting in lieu thereof the symbol and figure "$10.00".
By renumbering Section 11 as Section 13.
By inserting following Section 10 two new Sections to read as follows:
"Section 11. The duties and responsibilities placed upon the Director and the Department of Public Safety in administering and enforcing the provisions of this Act are conditioned upon specific additional appropriations being made available to meet
FRIDAY, MARCH IB, 1963
1915
the increased cost within the Department of Public Safety in ad ministering the provisions of this Act.
"Section 12. The provisions of this Act shall become effective March 15, 1964."
Mr. Wilkes of Cook 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 Anderson Andrews Arnsdorff Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Boweri of Randolph Bowen of Dawson Bowen of Toombs Brantley Brown Busbee Byrd Carr Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Dean of Polk Deen of Bacon DeVane Dicus Dixon Dorminy Duncan of Fannin Echols Floyd Flynt Fowler of Douglas
Fowler of Treutlen Fulford Funk Hale Harrell Harrington Harris Henderson Hill House Houston Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Knight of Berrien Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Maekay Matthews of Clarke Matthews of Colquitt McClelland McKemie Meeks Milford
Milhollin Mixon Moate Moore Morgan of Gwinnett Murphy Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Roper Rowland Russell Sangster Scarborough Sewell Shea Simpson Sinclair Singer Smith of Forsyth
1916
JOURNAL OF THE HOUSE,
Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story
Tabb Teague Todd Towson Twitty Underwood of
Montgomery
Vaughn Waldrop Wells of Peach Wells of Oconee Wilkes Williams of Coffee
Those not voting were Messrs.:
Acree Alien Bagby Ballard Brackin Branch Brooks of Oglethorpe Brooks of Fulton Bynum Caldwell Causby Clark of Catoosa Conger Crummey Da vis Duncan of Carroll Etheridge Fleming Flournoy Gibbons Greene Griffin Groover
Hall Herndon Horton Hull Hurst Isenberg Jones of Liberty Jones of Lumpkin King Kirkland Knight of Laurens Lambert Logan McCracken McDonald McGarity Melton Mitchell Morgan of Newton Mullis Nessmith Overby Rainey
Rodgers Rutland Shaw Shuman Simmons Smith of Emanuel Stuckey Tucker of Catoosa Tucker of Burke Underwood of Taylor Walker Ware Warren Watson Watts Wells of Camden White Williams of Hall Wilson of Brantley Wilson of Cobb Mr. Speaker
On the motion to agree, the ayes were 137, nays 0.
The Senate amendment to HB 395 was agreed to.
The following Resolution of the House and Bill of the Senate were taken up for the purpose of considering the reports of the Conference Committees thereon:
HR 21-23. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, Busbee of Dougherty and Andrews of Stephens: A Resolution creating the "Governor's Commission To Improve Educa tion"; to provide for appointment of members thereof and their tenure and expenses; to define the duties and powers of said Commission; and for other purposes.
FRIDAY, MARCH 15, 1963
1917
The following Conference Committee report was read:
CONFERENCE COMMITTEE REPORT ON HR 21-23
Mr. President: Mr. Speaker:
Your Conference Committee on HR 21-23 recommends the follow ing:
"That the Senate recede from its position in adopting the amendment by Senator Carter of the 14th, and that said amend ment be stricken. That the Senate and House adopt the amendment of the Senate Committee on Rules to HR 21."
Respectfully submitted,
Richardson of Chatham
Melton of Spalding
Parker of Screven
Brown of the 46th
Lee of the 47th
Loggins of the 53rd
Mr. Bolton of Spalding moved that the report of the Second Conference Committee be adopted.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Arnsdorff Bagby Ballard Barber
Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton
Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brantley Brown Busbee
Bynum Byrd Carr Chance Clark of Catoosa Clarke of Monroo Coker of Cherokee Coker of Turner
Cullens Davis Dean of Polk Deen of Bacon DeVane Dicus Duncan of Fannin
Echols Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Gibbons Groover
1918
JOURNAL OF THE HOUSE,
Hale Harrell Harrington Harris Henderson Horton House Houston Johnson of Elbert Johnson of Warren Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Knight of Laurens Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McKemie
Meeks Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Pafford Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Raulerson Reaves Rhodes Richardson Roberts Rodgers Rowland Russell
Rutland Sangster Scarborough Sewell Shea Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Ware Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Branch Brooks of Oglethorpe Brooks of Fulton Caldwell Causby Chandler Conger Conner Crummey Dixon Dorminy Dunean of Carroll Etheridge Fleming Flournoy
Funk Greene Griffin Hall Herndon Hill Hull Hurst Isenberg Jones of Liberty Jones of Worth Jones of Lumpkin King Kirkland Knight of Berrien Laite
Lane Logan McDonald McGarity Melton Mitchell Mullis Nessmith Overby Pickard Rainey Roper Shaw Shuman Simmons Singer Smith of Emanuel
FRIDAY, MARCH 15, 1963
Stuckey Tucker of Catoosa Underwood of
Montgomery Walker
Warren Watson Watts Wells of Peach Wells of Camden
1919
White Williams of Hall Woodward Mr. Speaker
On the adoption of the Conference Committee report, the ayes were 142, nays 0.
The report of the Second Conference Committee on HR 21-23 was adopted.
Mr. Punk of Chatham requested that the Journal show him as having voted for the adoption of the Conference Committee report.
SB 12. By Senators Pannell of the 54th and Jackson of the 16th:
A Bill to be entitled an Act to create the North Georgia Mountains Authority as a body corporate and politic and an instrumentality and public corporation of the State; to provide for its organization and the appointment of its members; and for other purposes.
The following Conference Committee report was read:
CONFERENCE COMMITTEE REPORT ON SB 12
Mr. President: Mr. Speaker:
Your Conference Committee on SB 12 recommends that the House and Senate recede from their respective positions on SB 12 and that they adopt the attached substitute Bill.
Respectfully submitted, Pannell of 54th Miller of 50th Bynum of Rabun Bolton of Spalding Owens of 49th Andrews of Stephens
A BILL To be entitled an Act to create the North Georgia Mountains
1920
JOURNAL OF THE HOUSE,
Commission as a commission and agency of the State Government; to provide for a short title; to define certain terms connected therewith; to provide for its organization, the appointment and terms of office of its members; to provide for and authorize the purchase or lease or rental of real property, or any interest therein, and the acquisition by purchase or otherwise of personal property necessary or incidental for the construction, equipping, maintenance, operation, and promotion of recreational areas and facilities, tourist and accommodation facilities and services; to confer powers, duties, and authority upon the Commis sion; to provide for an advisory committee to assist the Commission; to authorize the Commission to enter into contracts and agreements, including, but not limited to, lease rental agreements and other leases; to provide the procedure connected with the foregoing; to repeal con flicting laws; and for other purposes.
WHEREAS, there is an urgent need to encourage the development and utilization of the vast forestry, geological, and other natural re sources of the North Georgia Mountains Area for the enjoyment of all its citizens; and
WHEREAS, it is desirable and to the best interest of Georgia and its citizens to develop and promote the North Georgia Mountains Area for tourism and recreational purposes in order to realize maximum over all economic and social development of Georgia;
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act may be cited as the "North Georgia Moun tains Commission Act".
Section 2. There is hereby created a commission and agency of the State Government, to be known as the North Georgia Mountains Commission. The Commission shall occupy the same position in rela tion to the State Government as do other agencies, departments, boards, bureaus, and commissions of the State Government.
Section 3. The following words and terms shall have the meaning hereinafter indicated unless the context shall clearly indicate another or different meaning or intent.
(a) Commission -- North Georgia Mountains Commission created by this Act.
(b) Project -- The acquisition, construction, equipping, maintain ing, operating, managing and promotion of recreation and accommoda tion and tourist facilities and services, including, but not limited to, recreation centers, outdoor recreation experiment stations, play-grounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, museums, conven tion halls, pageants, auditoriums, stables, restaurants, hotels, motels, hunting and fishing preserves, historic sites and attractions, and any other facilities or services that the Commission may desire to under take including the related buildings and the usual and convenient facil-
FRIDAY, MARCH 15, 1963
1921
ities appertaining to any undertakings and any extensions or improve ments of any facilities, and the acquisition of necessary property therefor, all as may be related to the development of recreational and tourist accommodations and facilities as the Commission may deem necessary, convenient, or desirable.
(c) Cost of Project -- The cost of acquisition of properties or the use thereof, both real and personal, and the cost of construction, erection, establishment, maintenance, repair, and remodeling of tourist and recreational facilities, and the cost of financing charges, interest incurred on construction and one year after completion of construction, as well as the cost of engineering, architectural, administrative, fiscal and legal expenses and services as well as the cost of plans and speci fications, as well as expenses incurred for feasibility or practicability studies.
(d) Governing Authority of a County -- The Commissioner of Roads and Revenues, Board of Commissioners of Roads and Revenues, Ordinary, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county.
(e) Governing Authority of a City or Municipality -- The Council, Board of Aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation.
(f) Georgia Mountains Association -- A voluntary Association of individauls interested in the development of the North Georgia Mountains Area.
(g) Georgia Mountains Planning and Development Commission -- A legally constituted area planning and development commission es tablished under the Georgia General Planning Enabling Act of 1957, as provided in Chapter 69-12, Ga. Code Annotated (Ga. Laws 1957, p. 420, et seq.), approved March 13, 1957, as amended, presently consist ing of the Counties of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Lumpkin, Rabun, Stephens, Towns, Union, and White, and any additional Georgia Counties that may be added thereto under said Planning Enabling Act.
Section 4. The Commission shall consist of nine members as follows: the Attorney General, the State Auditor, the Director of the Department of Industry and Trade, the President of the Georgia Moun tains Association, the Chairman of the Georgia Mountains Planning and Development Commission, all ex officio; two members to be appointed by the Governor, with due consideration for area wide representation, from the North Georgia Mountains Area as a whole, and two members to be appointed by the Governor as representatives of the State at Large. The first four appointed members shall be appointed for terms of two, three, four, and six years, as designated by the Governor, and all appointments thereafter shall be made for terms of six years.
The ex officio members shall enter immediately upon their duties as of the approval date of this Act without further act or formality and the persons appointed by the Governor shall enter upon their duties as soon as practicable after their appointments.
1922
JOURNAL OF THE HOUSE,
The Commission shall elect one of its members as Chairman and an other member as Vice-Chairman, both of whom shall be elected for a term of one year to serve beginning on the day of their election and continuing until their successors are elected and qualified annually thereafter in the same manner.
Any five members of the Commission eligible to vote constitutes a quorum. A majority of the quorum is empowered to exercise all rights and perform all duties of the Commission and no vacancy on the Commission shall impair the right of the quorum to act. In the event of a vacancy on the Commission through death, resignation, or other wise, this vacancy is to be filled for the unexpired term of the same manner that the member originally became a member of the Comceasing to be a member of such Commission for any reason, in the same mission.
The members of the Commission shall serve without compensation except for reimbursement for actual expenses incurred in the per formance of their duties. No mmeber of the Commission may serve as an employee of said Commission. Employees of the Commission shall receive reasonable compensation for their services to be determined by the members of the Commission.
Section 5. An Advisory Committee is hereby created to advise and assist the Commission in the performance of its duties and functions.
The Advisory Committee shall consist of the Chairman and Board of Directors of the Georgia Mountains Planning and Development Com mission and two persons from each county located within the territorial jurisdiction of the North Georgia Mountains Commission that is not a member of the Georgia Mountains Planning and Development Com mission. The two persons on the Advisory Committee from counties not included in the membership of the Georgia Mountains Planning and Development Commission are to be designated as follows: one person shall be appointed by the governing authority of the county, and one person shall be appointed by the governing authority of the respective county seat municipality. The Director of the State Parks Department shall also be a member of the Advisory Committee.
The Advisory Committee shall meet with the Commission from time to time upon reasonable notice at the request of the Commission, and the Commission shall likewise meet with the members of the Ad visory Committee at the request of the Advisory Committee upon reasonable notice.
The functions of the Advisory Committee shall be advisory only except as otherwise provided.
The Commission shall make and be responsible for all decisions and the taking of all actions authorized herein. However, in making decisions and taking actions, any recommendation of the Advisory Committee shall be carefully considered: Provided, however, that the Advisory Committee is hereby empowered to certify its approval of
FRIDAY, MARCH 15, 1963
1923
the site or sites within the North Georgia Mountains Area upon which the Commission proposes to construct, maintain, or operate any par ticular project under the provisions of this Act and no such project shall be undertaken failing such certification of the site for the pro posed project, and provided further that such certification having been requested by the Commission and no action taken by said Advisory Committee within sixty days from date of request for certification, such site shall be deemed to be certified as suitable for the purposes of the proposed project or projects. Said Advisory Committee shall operate under the procedural rules and regulations of the Georgia Mountains Planning and Development Commission.
Section 6. The Commission shall have:
The power to acquire by purchase, lease, or otherwise, and to hold, lease, use and operate any personal property of every kind and char acter for its purposes.
The Commission may exercise the right of eminent domain.
When a project is proposed for construction on any lands owned by any of the counties named in Section 7 of this Act or in any mu nicipality or municipalities incorporated therein, the governing authority or body of the county or of any of the municipalities, is authorized to convey title to such lands to the State through the Commission if the property is unserviceable or cannot be advantageously or beneficially used by the county or municipalities so conveying: Provided, however, payment shall be to the credit of the general funds of the county or muncipalities and it shall be the reasonable value of the lands as may be determined by three appraisers to be agreed upon by the governing authority or body of such county or municipality and the Chairman of the Commission.
The power to make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the Commission causes to be erected or acquired.
The power to enter into contracts, leases or agreements with any all political subdivisions, public bodies, public authorities, instrumen talities of the State, departments, institutions, or agencies of the State upon such terms and for such purposes as the Commission deems advi sable. Provided, however, that said contracts, leases, or agreements are such as are authorized to be entered into by such political subdivisions, public bodies, public authorities, instrumentalities of the State, depart ments, institutions, or agencies of the State.
The power to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and condi tions as the United States of America or such agency or instrumentality thereof, may impose.
1924
JOURNAL OP THE HOUSE,
The power to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any manner within the purposes or powers of the Commission.
The power to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers in this Section mentioned.
The power to receive gifts, donations, or contributions from any person, firm, or corporation.
The power to hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assebmly for any of the purposes of this Commission.
The power to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of the Commission's lands or facilities.
The Commission shall have the express power to enter into con tracts, leases and sublease agreements, dealing with real or personal property, with the Director of the Department of Industry and Trade and the Director of the Department of State Parks, Historic Sites and Monuments.
The power to do all things necessary, convenient or incidental to carry out the intent, purpose and powers expressed and given in this Act.
Section 7. The North Georgia Mountains Commission shall ex ercise all of its powers and engage in the business of its projects with in the territorial boundaries and jurisdiction of Banks, Catoosa, Chattooga, Cherokee, Dade, Dawson, Pannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Lumpkin, Murray, Pickens, Rabun, Steph ens, Towns, Union, Walker, White, and Whitfield Counties and such other counties as may from time to time be admitted by resolution of the Commission.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Bynum of Rabun moved that the House adopt the Conference Committee report.
On the motion to adopt, the roll call was ordered and the vote was as follows:
FRIDAY, MARCH 15, 1963
Those voting in the affirmative were Messrs. :
Abney Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Blair Bolton Bowen of Dawson Bowen of Toombs Brown Busbee Bynum Byrd Carr Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Cullens Davis Dean of Polk Deen of Bacon DeVane Echols Etheridge Floyd Flynt Fowler of Douglas Fowler of Treutlen Fulford Funk Gibbons Greene Griffin Hale Harrington Henderson House Houston Hurst
Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Calhoun Keadle Kelly Keyton Killian Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Colquitt McClelland McCracken McKemie Milford Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Newton of Jenkins Odom Overby Pafford Paris Parker Partridge Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss
Those not voting were Messrs. :
Acree Alien Bagby Bell
Black Blalock of Coweta Blalock of Clayton Bowen of Randolph
1925
Rainey Raulerson Reaves Rhodes Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Teague Towson Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Walker Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Brackin Branch Brantley Brooks of Oglethorpe
1926
JOURNAL OF THE HOUSE,
Brooks of Pulton Caldwell Causby Chance Crummey Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Fleming Flournoy Groover Hall Harrell
Harrris Herndon Hill Horton
Hull Isenberg Jones of Liberty Jones of Worth Jordan of Floyd King Kirkland Lee of Clayton Logan Lokey Matthews of Clarke McDonald McGarity Meeks Melton
Milhollin Mitchell Mullis Murphy
Nessmith Newton of Colquitt Payton Pickard Shaw Singer Smith of Emanuel Smith of Habersham Stuckey Todd Tucker of Catoosa Underwood of
Montgomery Ware Warren
Wells of Camden White Williams of Coffee Mr. Speaker
On the motion to adopt, the ayes were 137, nays 0.
The Conference Committee report on SB 12 was adopted.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:
HB 100. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act so as to authorize the State Board of Education to make available instructional courses through the medium of television; and for other purposes.
The following Senate amendment was read:
The Senate Eules Committee moves to amend HB 100 as follows:
Amend Committee substitute for HB 100 by adding the words "persons, firms or corporations" immediately following the word "agen cies" on 17th line of title to read as follows:
"agreements with other agencies, persons, firms or corporations for production and/or transmission of educational"
Amend Section 3A by adding the words "persons, firms or corporations" following the word "agencies" on 10th line to read as follows:
"and is authorized to enter into agreements with other agencies, persons, firms or corporations for the".
FRIDAY, MARCH 15, 1963
1927
Mr. Barber of Jackson 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.:
Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brooks of Oglethorpe Brown Busbee Byrd Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Echols Etheridge Flournoy Floyd Fowler of Treutlen Fulford Funk Gibbons Greene
Groover Harrell Harrington Harris Henderson Horton Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lindsey Lokey Lowrey Mackay Matthews of Colquitt McClelland McCracken McKemie Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Overby Pafford
Paris Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Rhodes Richardson Roberts Roper Rowland Russell Rutland Sangster Scarborough Sewell Shea Shuman Simmons Sinclair Smith of Forsyth Smith of Telfair Snow Spikes Stalnaker Steis Story Tabb Teague Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker
1928
Ware Watts Wells of Peach
JOURNAL OP THE HOUSE,
Wilkes Williams of Coffee Wilson of Brantley
Wilson of Cobb
Those not voting were Messrs.:
Abney Acree Bagby Branch Brantley Brooks of Fulton Bynum Caldwell Causby Clark of Catoosa Conger Conner Crummey Cullens Dorminy Fleming Flynt Fowler of Douglas Griffin Hale Hall Herndon
Hill House Hull Jones of Liberty King Kirkland Knight of Laurens Knight of Berrien Laite Lane Lewis Logan Matthews of Clarke McDonald McGarity Meeks Melton Mitchell Mullis Nessmith Newton of Colquitt Parker
Payton Reaves Rodgers Shaw Simpson Singer Smith of Emanuel Smith of Habersham Smith of Whitfield Stuckey Tucker of Catoosa Waldrop Warren Watson Wells of Oconee Wells of Camden White Williams of Hall Woodward Mr. Speaker
On the motion to agree, the ayes were 141, nays 0.
The Senate amendment to HB 100 was agreed to.
HB 247. By Messrs. Paris of Barrow, Knight of Berrien, Abney of Walker, Brooks of Oglethorpe, Murphy of Haralson, Mixon of Irwin and others:
A Bill to be entitled an Act to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.
The following Senate substitute was read:
Judiciary Committee moves to Substitute HB 247 as follows:
A BILL
To be entitled an Act to provide the manner in which liability in surers shall have the right to compromise or settle claims of third
FRIDAY, MARCH 15, 1963
1929
persons against their insureds; to provide the manner in which an in sured shall have a right to assert a claim or cause of action against third persons; to provide the manner in which third persons shall be barred from asserting claims against all persons whomsoever; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. From and after the passage of this Act, any provision in a liability policy of insurance which provides that the insurer shall have the right to compromise or settle claims of third persons against the insured without the consent of the insured shall be deemed to create, as between the insurer and the insured, the relationship of an indepen dent contractor so that the insured shall not be precluded from asserting a claim or cause of action against third persons, notwithstanding the settlement by the insurer of such claims of third persons, if such settle ment by the insurer shall have been made over the written objection of the insured after notice by the insurer to the insured of its intention to make such settlement; provided, that in all such cases where the insured shall settle the claims of third persons against the insured, the insurer shall previously notify the insured of its intention; where upon, it shall be the duty of the insured, if he does not consent to settlement, to notify the insurer thereof in writing within five (5) days; and provided, further, that in all cases where the insurer settles the claims of third persons against the insured over the objection of the insured, it shall be the duty of the insurer to inform such third persons in writing of the lack of consent of the insured before taking from such third persons any release, convenant not to sue, or other settlement.
If such third persons execute a release, convenant not to sue, or other instrument in settlement of their claims after such notice of the lack of consent of the insured, the same shall be deemed and construed as a bar to the further assertion by such third persons of such claims against all persons whomsoever, and such third persons shall not plead such release, convenant not to sue or settlement in bar of any action or claim asserted by such insured.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Bagby of Paulding moved that the House disagree to the Senate sub stitute, and the motion prevailed.
The Senate substitute to HB 247 was disagreed to.
HB 557. By Mr. McClelland of Fulton: A Bill to be entitled an Act to amend an Act providing that fees of an
1930
JOURNAL OF THE HOUSE,
auditor shall be taxed by the judge and providing for the amount of such fees; and for other purposes.
The following Senate amendments were read:
Senator Webb of the llth moves to amend HB 557 by striking the words and numerals "Code Section 10-502" and the numbers "10-502" wherever the same appear in Section 1 and by substituting therefor the words and numerals "Code Section 10-503" and the numerals "10503", respectively.
The Senate Judiciary Committee moves to amend HB 557, as follows:
By striking from Section 1, after the words "disagreement between the parties" and before the words "be apportioned", the words "the compensation herein provided shall", and inserting in lieu thereof the following language, ", the compensation herein provided may".
Mr. McClelland of Fulton 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 Alien Anderson Andrews Arnsdorff Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe Brown Busbee Byrd Chance Clarke of Monroe Coker of Cherokee
Coker of Turner Cullens Da vis Dean of Polk Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Etheridge Flournoy Floyd Fowler of Treutlen Fulford Funk Gibbons Greene Harrington Harris Henderson Horton House Houston
Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Kelly Killian Knight of Berrien Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lindsey Lokey Lowrey Mackay Matthews of Colquitt McClelland Milford Mixon
FRIDAY, MARCH 15, 1963
Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Pafford Paris Partridge Perry of Evans Peterson Phillips Ponsell Poole Pope
Poss Rainey Raulerson Rhodes Richardson Roberts Roper Rowland Scarborough Sewell Shea Shuman Simpson Sinclair Smith of Forsyth Snow Stalnaker Tabb
1931
Teague Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Vaughn Walker Watson Watts Wells of Peach Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs. :
Acree Bagby Ballard Bowen of Randolph Brackin Branch Brantley Brooks of Fulton Bynum Caldwell Carr Causby Chandler Clark of Catoosa Conger Conner Crummey Dorminy Duncan of Carroll Echols Fleming Flynt Fowler of Douglas Griffin Groover Hale Hall Harrell
Herndon Hill Hull Hurst Jones of Liberty Jordan of Calhoun Keadle Keyton King Kirkland Knight of Laurens Laite Lambert Lewis Logan Matthews of Clarke McCracken McDonald McGarity McKemie Meeks Melton Milhollin Mitchell Mullis Nessmith Parker Payton
Perry of Marion Pickard Reaves Rodgers Russell Rutland Sangster Shaw Simmons Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Spikes Steis Story Stuckey Tucker of Catoosa Underwood of Taylor Waldrop Ware Warren Wells of Oconee Wells of Camden White Williams of Hall Woodward Mr. Speaker
On the motion to agree, the ayes were 121, nays 0.
The Senate amendments to HB 557 were agreed to.
1932
JOURNAL OP THE HOUSE,
HB 444. Messrs. Mitchell and Smith of Whitfield:
A Bill to be entitled an Act to create a new judicial circuit to be known as the Conasauga Judicial Circuit; and for other purposes.
The following Senate amendments were read:
Senator Pannell of 54th moves to amend HB 444 as follows:
By adding to the title immediately following the words and figures "so as to include such new circuit;", the words and figures "to repeal an Act supplementing the salary of the judges of the Superior Courts of the Cherokee Judicial Circuit, approved February 25, 1949 (Ga. Laws 1949, p. 1643); to repeal an Act supplementing the salary of the judges of the Superior Courts in certain counties approved March 28, 1961 (Ga. Laws 1961, p. 193);".
By striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"The Judges of the Superior Court of the Cherokee Judicial Circuit shall receive in addition to the compensation and allowances paid to the judges of the Superior Courts in this State, the sum of two thousand dollars ($2,000.00) per annum, payable monthly. The Solicitor-General shall receive the sum of eight thousand dollars ($8,000.00) per annum, payable monthly, which shall be in addition to the compensation and allowances paid to Solicitors-General by the State and shall be in lieu of all fees and other perquisites. Both the above mentioned salaries shall be paid out of the funds of the counties of Gordon and Bartow and shall be apportioned among those two counties on a per capita basis according to the 1960 U. S. Census or any such future Census."
By striking from Section 6 the first three sentences therein and substituting in lieu thereof the following:
"The Court Reporter of the Cherokee Judicial Circuit shall be paid the sum of six thousand dollars ($6,000.00) per annum, pay able in equal monthly installments. Said salary shall be in lieu of all fees, allowances or other perquisites now paid to said Court Reporters out of county funds.
By renumbering Sections 10 and 11 as Sections 12 and 13 respec tively.
By adding a new Section to be known as Section 10 and to read as follows:
"Section 10. An Act entitled 'An Act to supplement the salaries of the judges of the Superior Courts in certain counties; to repeal conflicting laws; and for other purposes.', approved March 28, 1961 (Ga. Laws 1961, p. 193), is hereby repealed in its entirety."
FRIDAY, MARCH 15, 1963
1933
By adding a new Section to be designated Section 11 and to read as follows:
"Section 11. An Act entitled 'An Act to supplement the sal aries of the judges of the Superior Courts of the Cherokee Judicial Circuit $2000.00 per annum,' approved February 25, 1949 (Ga. Laws 1949, p. 1643), is hereby repealed in its entirety."
Senator Pannell of the 54th moves to amend HB 444, as follows:
By striking from Section 2 the phrase "and the second Mondays in August and November for Murray County", and substituting in lieu thereof the following: "and the fourth Monday in July and the second Monday in November for Murray County".
Mr. Cullens of Bartow 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 Alien Anderson Andrews Arnsdorff Ballard Barber Baughman Bedgood Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe Brown Busbee Byrd Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk DeVane
Dicus Dixon Duncan of Fannin Echols Etheridge Floyd Fowler of Douglas Fowler of Treutlen Funk Gibbons Greene Harrell Harrington Henderson Horton House Houston Isenberg Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian Knight of Berrien Lee of Clinch
Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Mackay Matthews of Clarke McCracken Milford Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Newton of Jenkins Odom Overby Pafford Paris Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell
1934
Poole Pope Poss Rainey Raulerson Reaves Rhodes Roberts Rowland Russell Rutland Scarborough Sewell Shea
JOURNAL OP THE HOUSE,
Shuman Simpson Sinclair Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Stalnaker Steis Story Tabb Todd Towson Tucker of Burke
Twitty Vaughn Walker Ware Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Meeks.
Those not voting were Messrs.:
Acree Bagby Bell Black Bowen of Randolph Branch Brantley Brooks of Fulton Bynum Caldwell Carr Causby Clark of Catoosa Conger Conner Crummey Deen of Bacon Dorminy Duncan of Carroll Fleming Flournoy Flynt Fulford Griffin Groover Hale Hall
Harris Herndon Hill Hull Hurst Johnson of Elbert Jones of Liberty Jones of Lumpkin Keadle King Kirkland Knight of Laurens Laite Lambert Lane Lee of Clinch Logan Lowrey Matthews of Clarke McClelland McDonald McGarity McKemie Melton Milhollin Mullis Murphy
Nessmith Newton of Colquitt Parker Payton Richardson Rodgers Roper Sangster Shaw Simmons Singer Smith of Telfair Smith of Emanuel Spikes Stuckey Teague Tucker of Laurens Underwood of
Montgomery Underwood of Taylor Waldrop Warren Watson Wells of Camden White Mr. Speaker
On the motion to agree, the ayes were 125, nays 1.
The Senate amendments to HB 444 were agreed to.
FRIDAY, MARCH 15, 1963
1935
HB 365. By Mr. Milhollin of Coffee:
A Bill to be entitled an Act to amend an Act establishing standards for weights and measures, so as to provide for licensing of persons operating moisture testing equipment; and for other purposes.
The following Senate amendment was read:
Senator Carter of the 14th moves to amend HB 365 as follows:
By striking from the title the words "and bonding".
By striking from the first sentence of Section 1 the words:
"and submitting to the Commissioner a bond, approved by the Commissioner, conditioned upon the payment of any and all damages resulting from the failure of the principal to operate the moisture testing equipment so as to accurately compute or determine the moisture content of the grain tested in an amount of not less than $1,000.00, of such greater amount as the Commissioner shall pre scribe."
By adding after the last word of said sentence as it now reads, a period.
By striking from the end of the third sentence of Section 1 the words:
"and no permit shall be issued until the requisite bond is ap proved and in the event of the expiration or cancellation of any such bond the permit shall stand revoked instanter without further action."
By adding at the end of said sentence as it now reads, a period.
Mr. Milhollin of Coffee 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 Alien Anderson Andrews Arnsdorff Bagby Barber Baughman
Bedgood Bell Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Dawson Bowen of Toombs
Brackin Branch Brantley Brooks of Oglethorpe Brown Busbee Bynum Byrd
1936
JOURNAL OP THE HOUSE,
Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Dixon Duncan of Fannin Duncan of Carroll Etheridge Floyd Funk Gibbons Griffin Hale Harrell Henderson Horton House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Kelly Keyton Killian Knight of Laurens Knight of Berrien
Lee of Clayton Lee of Dougherty Lewis Lindsey Mackay McCracken Meeks Milford Milhollin Mitehell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Newton of Jenkins Odom Overby Paris Partridge Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell Pope Raulerson Reaves Rhodes Richardson Roberts Rowland Russell Sangster
Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Smith of Forsyth Smith of Telfair Snow Stalnaker Steis Story Stuckey Tabb Teague Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Walker Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Woodward
Those not voting were Messrs.:
Acree Ballard Black Bowen of Randolph Brooks of Fulton Caldwell Carr Causby Chandler Conner Crummey Deen of Bacon DeVane Dicus Dorminy Echols
Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Fulford Greene Groover Hall Harrington Harris Herndon Hill Hull Hurst Jones of Liberty
Jones of Lumpkin Keadle King Kirkland Laite Lambert Lane Lee of Clinch Leonard Logan Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McDonald
FRIDAY, MARCH 15, 1963
McGarity McKemie Melton Mullis Murphy Nessmith
Newton of Colquitt Pafford Parker Payton Poole
Poss Rainey Rodgers Roper Rutland Shaw
Singer Smith of Emanuel Smith of Habersham Smith of Whitfield Spikes
1937
Tucker of Laurens Waldrop Ware Warren Watson Wells of Camden White Wilson of Cobb Mr. Speaker
On the motion to agree, the ayes were 126, nays 0.
The Senate amendment to HB 365 was agreed to.
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 Senate:
SB 114. By Senator Kidd of the 25th: A Bill to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; to Define its jurisdiction and powers; 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 131. By Senator Pannell of the 54th: A Bill to be entitled an Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, as amended, so as to provide for the filing of a notice in connection with disability benefits; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill was agreed to.
On the motion to agree, the roll call was ordered and the vote was as follows:
1938
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Alien Anderson Andrews Arnsdorff Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bowen of Dawson Bowen of Toombs Branch Brooks of Oglethorpe Brown Busbee Bynum Byrd Caldwell Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Been of Bacon DeVane Dicus Dixon Dorminy Dune an of Pannin Flournoy Fowler of Treutlen Fulford Funk Gibbons Greene Hale Harris Henderson Horton House
Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Kirkland Knight of Laurens Knight of Berrien Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lindsey Lokey Lowrey Matthews of Colquitt McCracken Milford Mitchell Mixon Moate Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Evans Peterson Phillips Ponsell Poole Pope
Poss Rainey Raulerson Reaves Rhodes Richardson Roberts Rowland Russell Rutland Sangster Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tabb Todd Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Walker Ware Watson Watts Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Bagby Ballard Bell
Bolton Bowen of Randolph Brackin Brantley
Brooks of Fulton Carr Causby Chandler
FRIDAY, MARCH 15, 1963
Conger Crummey Cullens Duncan of Carroll Echols Etheridge Fleming Floyd Flynt Fowler of Douglas Griffin Groover Hall Harrell Harrington Herndon Hill Hull Hurst
Jones of Lumpkin King Laite Lambert Leonard Logan Mackay Matthews of Clarke McClelland McDonald McGarity McKemie Meeks Melton Milhollin Morgan of Gwinnett Mullis Nessmith Pafford
1939
Payton Perry of Marion Pickard Rodgers Roper Shaw Smith of Telfair Smith of Emanuel Stuckey Teague Twitty Underwood of
Montgomery Waldrop Warren Wells of Camden White Mr. Speaker
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 81. By Senators Pannell of the 54th, Kendrick of the 32nd, Ellis of the 44th and others:
A Bill to be entitled an Act relating to the payment of education grants, so as to provide the method by which such grants shall be paid; and for other purposes.
The following amendment was read and adopted:
Mr. Bolton of Spalding moves to amend SB 81, as follows:
By striking from Section 5, which section is quoted in Section 4 of said Bill, the following:
"determine whether the need for such grants exists in the county", and inserting in lieu thereof, the following:
"investigate the request for grants in such county".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
1940
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.:
Abney Alien Anderson Arnsdorff Ballard Barber Baughman Bedgood Bell Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Branch Brooks of Oglethorpe Brown Busbee Byrd Caldwell Carr Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk DeVane Dicus Dorminy Duncan of Carroll Echols Etheridge Plournoy Flynt Fowler of Truetlen Fulford Funk Gibbons Greene Griffin Hale Harrell Harrington
Harris Henderson Horton House Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keyton Killian Kirkland Knight of Laurens Knight of Berrien Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Colquitt Melton Milford Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Odom Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Pickard Ponsell
Pope Poss Raulerson Reaves Richardson Roberts Rodgers Roper Rowland Russell Rutland Sangster Scarborough Sewell Shea Shuman Simmons Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Tabb Todd Towson Tucker of Burke Twitty Underwood of
Montgomery Vaughn Waldrop Walker Ware Watson Watts Wells of Oconee
Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
FRIDAY, MARCH 15, 1963
1941
Voting in the negative was Mr. Rhodes.
Those not voting were Messrs.:
Acree Andrews Bagby Bowen of Toombs Brantley Brooks of Fulton Bynum Causby Clark of Catoosa Conger Conner Crummey Deen of Bacon Dixon Duncan of Fannin Fleming Floyd Fowler of Douglas Groover Hall
Herndon Hill Hull Jones of Lumpkin Keadle Kelly King Laite Logan Mackay Matthews of Clarke McClelland McCracken McDonald McGarity McKemie Meeks Milhollin Mitchell Mixon
Mullis Nessmith Newton of Colquitt Overby Pafford Poole Rainey Shaw Simpson Smith of Emanuel Smith of Whitfield Stuckey Teague Tucker of Catoosa Underwood of Taylor Warren Wells of Peach Wells of Camden White Mr. Speaker
On the passage of the Bill, as amended, the ayes were 144, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 302. By Messrs. Keyton and Russell of Thomas:
A Bill to amend an Act creating a Small Claims Court in certain coun ties so as to provide for a change in the procedure and practice in garnishments; and for other purposes.
HB 643. By Mr. Smith of Habersham: A Bill to amend an Act creating a Board of Commissioners for Haber-
1942
JOURNAL OF THE HOUSE,
sham County, so as to change the compensation of the Board of Com missioners; and for other purposes.
HB 646. By Messrs. Overby and Williams of Hall:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and for other purposes.
HR 234. By Messrs. Mackay, Harris and Rutland of DeKalb:
A Resolution to create for the citizens of DeKalb County a Commission to study public safety; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to-wit:
HB 653. By Mr. Barber of Jackson:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, relating to the Commissioners salary; and for other purposes.
The Senate insists on its position and respectfully asks that a Committee of Conference be appointed on the following Bill of the House:
HB 247. By Messrs. Paris of Barrow, Knight of Berrien, and others:
A Bill to provide that an insurer who settles a claim or suits on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate, Senators Smalley of the 28th, Johnson of the 42nd and Phillips of the 27th.
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 thereto:
FRIDAY, MARCH 15, 1963
1943
SB 7. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend the Code relating to qualifications of county school superintendents; and for other purposes.
Mr. Melton of Spalding moved that the House insist on its position in amend ing the Bill and that the Speaker appoint a Conference Committee 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 Conference Committee on the part of the House, the following members: Messrs. Melton of Spalding, Parker of Screven, and Moore of Polk.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 219-650. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Resolution creating for the citizens of DeKalb County a commission to study the administration of justice; and for other purposes.
The following Senate amendment was read:
The Senate Local Affairs Committee moves to amend HR 219-650 by striking from Section 1. the names "Jack Smith, Solicitor, Civil and Criminal Court, DeKalb County" and "Sara Frances McDonald, Past President, Georgia Association of Women Lawyers" and adding to
Section 1. the following names: "William E. Zachary C. L. Peeler, Jr. Dan E. McConaughey"
and by striking from the first line of Section 1. the word "ten" and inserting in lieu thereof the word "nine", and by striking from the second line of page 2. the word "four" and inserting in lieu thereof the word "three", and by adding to Sub-section (a) of Section 2. after the word "jurisdiction" the words "and procedures".
Mr. Harris of DeKalb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 110, nays 0.
1944
JOURNAL OF THE HOUSE,
The Senate amendment to HR 219-650 was agreed to.
Under the General Order of Business established by the Committee on Rules, the folowing Bills of the Senate were taken up for consideration and read the third time:
SB 137. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, so as to provide that aliens may be committed; and for other purposes.
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 Arnsdorff Barber Bedgood Bell Black Bolton Bynum Byrd Chance Clarke of Monroe Conner Dean of Polk Deen of Bacon Dicus Dixon Plournoy Floyd Funk Gibbons Greene Groover Harrell Harris
Herndon Hill Horton House Houston Isenberg Johnson of Warren Jones of Muscogee Jordan of Calhoun Keadle Kelly Knight of Laurens Lambert Lindsey Lokey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken Morgan of Gwinnett Overby Partridge Payton
Perry of Marion Phillips Pickard Ponsell Roper Rowland Shea Simmons Sinclair Smith of Habersham Smith of Whitfield Spikes Steis Teague Todd Towson Walker Ware Watson Wells of Peach Williams of Hall Wilson of Cobb
FRIDAY, MARCH 15, 1963
Those voting in the negative were Messrs.:
Abney Acree Anderson Ballard Baughman Blalock of Coweta Bowen of Randolph Busbee Clark of Catoosa Coker of Cherokee Cullens Davis Duncan of Fannin Fowler of Treutlen Hale Henderson Jones of Worth
Jordan of Floyd Keyton Kirkland Lane Lee of Clinch Lee of Dougherty Leonard McKemie Meeks Milford Mitchell Moate Morgan of Newton Nessmith Newton of Jenkins Odom Paris
1945
Perry of Evans Peterson Poole Pope Poss Rainey Roberts Rodgers Russell Sangster Scarborough Stalnaker Tucker of Catoosa Underwood of
Montgomery Wilson of Brantley
Those not voting were Messrs.:
Alien Bagby Blair Blalock of Clayton Bowen of Dawson Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Brown Caldwell Carr Causby Chandler Coker of Turner Conger Crummey DeVane Dorminy Duncan of Carroll Echols Etheridge Fleming Flynt Fowler of Douglas Fulford Griffin
Hall Harrington Hull Hurst Johnson of Elbert Jones of Liberty Jones of Lumpkin Killian King Knight of Berrien Laite Lee of Clayton Lewis Logan Lowrey McDonald McGarity Melton Milhollin Mixon Moore Mullis Murphy Newton of Colquitt Pafford Parker Raulerson Reaves Rhodes
Richardson Rutland Sewell Shaw Shuman Simpson Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Snow Story Stuckey Tabb Tucker of Burke Twitty Underwood of Taylor Vaughn Waldrop Warren Watts Wells of Oconee Wells of Camden White Wilkes Williams of Coffee Woodward Mr. Speaker
On the passage of the Bill, the ayes were 70, nays 49.
1946
JOURNAL OF THE HOUSE,
The Bill, having failed to receive the requisite constitutional majority, was lost.
SB 14. By Senator Phillips of the 27th:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide for the inspection of motor vehicles; and for other purposes.
The following Committee Amendment was read and adopted:
The Highway Committee moves to amend SB 14 as follows:
By striking in its entirety Subsection (d) of Section 124, which Section is quoted in Section 1 of said Bill.
By adding to Section 126 a new Subsection to be lettered (d) and to read as follows:
"(d) The Director shall permit any person, firm, association, corporation, municipality or governmental agency having register ed in his or its name sufficient vehicles in this State to maintain approved inspection facilities to conduct the inspection required by this Act on such motor vehicles under regulations prescribed by the Director."
By striking the figure "1964" as it appears in Section 2 of said Bill, and substituting in lieu thereof the figure "1965", so that when so amended Section 2 shall read as follows:
"Section 2. The provisions of this Act shall become effective January 1, 1965, and the first inspection of motor vehicles under the provisions of this Act shall be completed by July 1, 1965.
The following amendment was read and adopted:
Mr. Hale of Dade moves to amend SB 14 by striking from sub section (c) of Code Section 125, the words and figures "if within a dis tance of 20 miles".
An amendment offered by Mr. Meeks of Union was read and lost.
The following amendment was read and adopted:
Mr. Sewell of Sumter moves to amend SB 14 by adding a section appropriately numbered to read as follows:
FRIDAY, MARCH 15, 1963
1947
"Notwithstanding the provisions of this Act, any vehicle which is not operated during the hours of darkness shall not be required to maintain its lights in operating condition. However, this section shall not apply to vehicles used primarily as passenger vehicles."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Anderson Andrews Ballard Barber Baughman Bedgood Bell Black Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brooks of Oglethorpe Busbee Bynum Byrd Caldwell Causby Chance Chandler Clarke of Monroe Conger Conner Davis Dean of Polk Deen of Bacon Dicus Dorminy Duncan of Fannin Duncan of Carroll Echols Etheridge Fleming Flournoy Floyd
Flynt Fowler of Douglas Fulford Funk Gibbons Greene Groover Hale Harrell Harrington Harris Henderson House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Jordan of Calhoun Killian King Knight of Laurens Laite Lambert Lane Lee of Dougherty Leonard Lindsey Lokey Lowrey Mackay Matthews of Clarke
McClelland McCracken McKemie Melton Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Newton of Jenkins Newton of Colquitt
Odom Overby Partridge Payton Perry of Marion Perry of Evans Peterson Ponsell Poss Reaves Richardson Roberts Rodgers Roper Rutland Scarborough Sewell Shea Sinclair Smith of Forsyth Smith of Habersham Smith of Whitfield Snow
1948
Spikes Stalnaker Steis Story Stuckey Teague Todd
JOURNAL OF THE HOUSE,
Towson Twitty Underwood of Taylor Vaughn Waldrop Ware Watson
Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Abney Brackin Clark of Catoosa Jones of Lumpkin Lewis
Matthews of Colquitt Meeks Rainey Raulerson Rhodes
Simmons Tucker of Catoosa Woodward
Those not voting were Messrs.:
Aeree Alien Arnsdorff Bagby Blalock of Coweta Blalock of Clayton Branch Brantley Brooks of Fulton Brown Carr Coker of Cherokee Coker of Turner Crummey Cullens DeVane Dixon Fowler of Treutlen Griffin Hall Herndon Hill
Horton Isenberg Keadle Kelly Keyton Kirkland Knight of Berrien Lee of Clinch Lee of Clayton Logan McDonald McGarity Milford Mullis Murphy Nessmith Pafford Paris Parker Phillips Pickard Poole
Pope Rowland Russell Sangster Shaw Shuman Simpson Singer Smith of Telfair Smith of Emanuel Tabb Tucker of Burke Underwood of
Montgomery Walker Warren Watts Wells of Peach Wells of Camden White Mr. Speaker
On the passage of the Bill, as amended, the ayes were 128, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
FRIDAY, MARCH 15, 1963
1949
HB 247. By Messrs. Paris of Barrow, Knight of Berrien and others:
A Bill to be entitled an Act to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; and for other purposes.
Mr. Paris of Barrow moved that the House insist on its position in dis agreeing to the Senate substitute and that the Speaker appoint a Conference Committee 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 Conference Committee on the part of the House, the following members: Messrs. Cullen of Bartow, Paris of Barrow, and Murphy of Haralson.
The following Bill of the House was taken up for the purpose of consider ing the Senate amendment thereto:
HB 352. By Mr. Lee of Clinch:
A Bill to be entitled an Act to provide that it shall be unlawful to own pinball machines in the State of Georgia; and for other purposes.
The following Senate amendment was read:
The Senate Rules Committee moves to amend HB 352 as follows:
By striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Nothing herein shall be construed to require any political subdivsion to license or permit the operation of the devices defined in Section 1 (b). Provided, however, that any political subdivision shall have the power in its discretion to issue and charge for licenses for the purpose of operating the devices de fined in Section 1 (b)."
By striking from Subsection (b) of Section 2 the words "one-half mile of any school ground or college or University Campus in this State" and inserting in lieu thereof the words "1000 feet of any gram mar or high school ground or campus".
By adding a new Section to be known as Section 5 and to read as follows:
"Section 5. All laws and parts of laws in conflict with this Act are hereby repealed."
1950
JOURNAL OP THE HOUSE,
Mr. Groover of Bibb 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 Acree Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Black Blair Blalock of Coweta Blalock of Clayton Bolton Bowen of Randolph Brackin Brown Busbee Byrd Caldwell Chance Chandler Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conger Conner Davis Dean of Polk Been of Bacon DeVane Duncan of Pannin Duncan of Carroll Echols Plournoy Ployd Fowler of Treutlen Funk Gibbons Greene Griffin Groover Hale Harrell
Harrington Harris Henderson Herndon Horton House Houston Hurst Isenberg Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian King Kirkland Knight of Laurens Knight of Berrien Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lowrey Mackay Matthews of Clarke Matthews of Colquitt McClelland McCracken McGarity McKemie Meeks Melton Milford Mitchell Mixon Moate Morgan of Newton
Murphy Newton of Jenkins Newton of Colquitt Odom Overby Partridge Payton Perry of Marion Perry of Evans Peterson Phillips Ponsell Poole Pope Poss Raulerson Reaves Richardson Roberts Rodgers Roper Rowland Sangster Scarborough Sewell Shea Shuman Simmons Sinclair Smith of Porsyth Smith of Habersham Snow Spikes Stalnaker Steis Tabb Todd Towson Tucker of Catoosa Tucker of Burke Twitty Underwood of
Montgomery Underwood of Taylor Vaughn Waldrop
Walker Ware Watson
FRIDAY, MARCH 15, 1963
Wells of Oconee Wells of Camden Wilkes
1951
Wilson of Brantley Woodward
Voting in the negative was Mr. Williams of Hall.
Those not voting were Messrs.:
Alien Bell Bowen of Dawson Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Carr Causby Crummey Cullens Dicus Dixon Dorminy Etheridge Fleming Flynt Fowler of Douglas
Fulford Hall Hill Hull Johnson of Elbert Jones of Liberty Keyton Logan Lokey McDonald Milhollin Moore Morgan of Gwinnett Mullis Nessmith Pafford Paris Parker Pickard Rainey
Rhodes Russell Rutland Shaw Simpson Singer Smith of Telfair Smith of Emanuel Smith of Whitfield Story Stuckey Teague Warren Watts Wells of Peach White Williams of Coffee Wilson of Cobb Mr. Speaker
On the motion to agree, the ayes were 145, nays 1.
The Senate amendment to HB 352, was agreed to.
The following Bill of the Senate was taken up for the purpose of considering the report of the Conference Committee thereon:
SB 114. By Senator Kidd of the 25th:
A Bill to be entitled an Act to create the Civil and Criminal Court; of Baldwin County; and for other purposes.
The following Conference Committee report was read:
CONFERENCE COMMITTEE REPORT ON SB 114 Mr. President: Mr. Speaker:
Your Conference Committee on SB 114 recommends the following:
1952
JOURNAL OP THE HOUSE,
That the Senate recede from its position in regard to the House amendment to Section 7 and the amendment proposed by the House to the addition of Sections 38 and 39. The Committee further rec ommends that the House recede from its position in its insistence to all other amendments adopted by the House and that the Bill do pass as originally passed by the Senate with the exceptions of the amendments proposed by the House to Sections 7, 38 and 39, which should be adopted.
Respectfully submitted,
Kidd of 25th
Hunt of 26th
Knox of 24th
Harrington of Baldwin
Chandler of Baldwin
Hale of Bade
Mr. Chandler of Baldwin moved that the House adopt the report of the Conference Committee.
On the motion to adopt, the ayes were 110, nays 0.
The Conference Committee report on SB 114 was adopted.
Mr. Bolton of Spalding asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the Senate:
SB 137. By Senator Scott of the 23rd.
A Bill to be entitled an Act to amend an Act pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to Milledgeville State Hospital so as to pro vide that aliens may be committed; and for other purposes.
The consent was granted and SB 137 was reconsidered.
By unanimous consent, SB 137 was placed on the Rules Committee report for today.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
FRIDAY, MARCH 15, 1963
1953
HB 495. By Messrs. Keyton and Russell of Thomas and others:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the State Supervisor of Purchases; and for other purposes.
The following Senate amendment was read:
Senator Pannell of 54th and Webb of llth moves to amend HB 495 as follows:
By adding in the title before the words "to repeal conflicting laws", the words "to amend an Act relating to the compensation of the Director of the Department of State Parks, approved March 21, 1958 (Ga. Laws 1958, p. 215), so as to change the compensation of the Director of the Department of State Parks;"
By adding a new section to be known as Section 1A to read as follows:
"Section 1A. An Act relating to the compensation of the Di rector of the Department of State Parks, approved March 21, 1958 (Ga. Laws 1958, p. 215), is hereby amended by striking from Sec tion 1 the figure "$7,,400.00" and inserting in lieu thereof the figure "$15,000.00", so that when so amended Section 1 shall read as follows:
"Section 1. The Director of the Department of State Parks shall be compensated in the amount of $15,000.00 per annum, pay able in semi-monthly installments."
Mr. Bolton of Spalding 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 Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bedgood Bell Blair Blalock of Clayton Bolton
Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brown Busbee Bynum Byrd Chance Clark of Catoosa Coker of Cherokee Coker of Turner Conner
Cullens Dean of Polk Deen of Bacon DeVane Dicus Etheridge Fleming Floyd Fulford Funk Gibbons Greene Groover
1954
JOURNAL OF THE HOUSE,
Hale Harrell Harris Henderson Horton House Hull Hurst Johnson of Elbert Johnson of Warren Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Calhoun Keadle Kelly Killian King Knight of Laurens Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lewis Lowrey Matthews of Clarke McClelland
McDonald McKemie Mitchell Mixon Moate Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Payton Perry of Marion Peterson Pickard Pope Poss Rainey Raulerson Reaves Richardson Roberts Rodgers
Roper Rowland Rutland Sangster Sewell Shea Shuman Simmons Smith of Whitfield Snow Spikes Stalnaker Tabb Teague Towson Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Walker Ware Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall
Those voting in the negative were Messrs.: Causby and Lindsey.
Those not voting were Messrs.:
Acree Alien Black Blalock of Coweta Branch Brantley Brooks of Oglethorpe Brooks of Fulton Caldwell Carr Chandler Clarke of Monroe Conger Crummey Davis Dixon Dorminy Duncan of Fannin Duncan of Carroll Echols
Flournoy Flynt Fowler of Douglas Fowler of Treutlen Griffin Hall Harrington Herndon Hill Houston Isenberg Jones of Lumpkin Jordan of Floyd Keyton Kirkland Knight of Berrien Laite Lambert Leonard
Logan Lokey Mackay Matthews of Colquitt McCracken McGarity Meeks Melton Milford Milhollin Morgan of Gwinnett Mullis Nessmith Pafford Perry of Evans Phillips Ponsell Poole Rhodes Russell
FRIDAY, MARCH 15, 1963
Scarborough Shaw Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel
Smith of Habersham Steis Story Stuckey Todd Tucker of Burke Underwood of Taylor Waldrop
1955
Warren Watson Wells of Camden White Wilson of Brantley Wilson of Cobb Woodward Mr. Speaker
On the motion to agree, the ayes were 119, nays 2. The Senate amendment to HB 495 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:
SB 26. By Senator Phillips of the 27th:
A Bill to be entitled an Act creating a Department of Public Safety, so as to provide that drivers of school buses must obtain a chauffeur's license; and for other purposes.
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 Anderson Andrews Arnsdorff Ballard Barber Baughman Bell Black Bolton Bowen of Dawson
Bowen of Toombs Brooks of Oglethorpe Busbee
Bynum Byrd Caldwell Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Conger Conner Davis
Deen of Bacon DeVane Dicus
Dixon Duncan of Fannin Echols Etheridge Fleming Floyd Fowler of Douglas Fulford Funk Gibbons Greene
Groover Hale Harrell
1956
JOURNAL OF THE HOUSE,
Harrington Harris Henderson Horton House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Kelly Killian King Knight of Laurens Lambert Lee of Dougherty Leonard Lewis
Lindsey Lowrey Mackay McGarity Melton Milford Mitchell Mixon Moate Newton of Jenkins Odom Overby Partridge Perry of Marion Peterson Pickard Ponsell Pope Poss Beaves Richardson Rodgers Scarborough
Shea Shuman Smith of Habersham Smith of Whitfield Snow Stalnaker Steis Story Tabb Teague Todd Tucker of Catoosa Twitty Vaughn Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Voting in the negative was Mr. Rhodes.
Those not voting were Messrs.:
Acree Alien Bagby Bedgood Blair Blalock of Coweta Blalock of Clayton Bowen of Randolph Brackin Branch Brantley Brooks of Fulton Brown Carr Chandler Coker of Turner Crummey Cullens Dean of Polk Dorminy Duncan of Carroll Flournoy Flynt Fowler of Treutlen
Griffin Hall Herndon Hill Isenberg Jones of Liberty Jordan of Calhoun Keyton Kirkland Knight of Berrien Lane Lee of Clinch Lee of Clayton Logan Lokey Matthews of Clarke Matthews of Colquitt McClelland McCracken McDonald McKemie Meeks Milhollin Moore
Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Pafford Paris Parker Payton Perry of Evans Phillips Poole Rainey Raulerson Roberts Roper Rowland Russell Rutland Sangster Sewell Shaw Simmons
FRIDAY, MARCH 15, 1963
Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Spikes Stuckey
Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Walker Ware
1957
Warren Watson Watts Wells of Camden White Mr. Speaker
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 138. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend an Act providing for observation of mentally ill persons and their hospitalization, to provide that psychi atric hospitals owned by the State shall receive aliens; and for other purposes.
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 Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brown Bynum Byrd Causby
Chance Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Etheridge Fleming Flournoy Fulford Funk Gibbons Greene Harrell
Harris Henderson Hill Horton House Houston Hull Hurst Isenberg Johnson of Elbert Johnson of Clayton Jones of Liberty Jones of Museogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Killian
1958
JOURNAL OP THE HOUSE,
King Kirkland Knight of Laurens Lambert Lane Lee of Dougherty Lewis Lindsey Lowrey Mackay Matthews of Clarke McCracken McKemie Melton Milford Moate Moore Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Overby Paris
Parker Partridge Perry of Marion Peterson Phillips Pickard Ponsell Poole Pope Poss Rainey Raulerson Reaves Richardson Roberts Rodgers Rowland Rutland Scarborough Sewell Shaw Shea Shuman
Simmons Sinclair Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Teague Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Ware Wells of Peach Wells of Oconee White Wilkes Williams of Coffee Wilson of Cobb
Those voting in the negative were Mr. Meeks, and Mr. Odom.
Those not voting were Messrs.:
Acree Alien Bedgood Black Blalock of Coweta Blalock of Clayton Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Busbee Caldwell Carr Chandler Clark of Catoosa Clarke of Monroe Conger Crummey Cullens Dorminy Duncan of Pannin Duncan of Carroll Echols
Floyd Flynt Fowler of Douglas Fowler of Treutlen Griffin Groover Hale Hall Harrington Herndon Jones of Worth Jones of Lumpkin Keyton Knight of Berrien Laite Lee of Clinch Lee of Clayton Leonard Logan Lokey Matthews of Colquitt McClelland McDonald McGarity
Milhollin Mitchell Mixon Morgan of Gwinnett Mullis Nessmith Pafford Payton Perry of Evans Rhodes Roper Russell Sangster Simpson Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Habersham Story Stuckey Tucker of Burke Underwood of Taylor Waldrop
Walker Warren Watson
FRIDAY, MARCH 15, 1963
Watts Wells of Camden Williams of Hall
1959
Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, the ayes were 122, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
SB 139. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 35-2, relating to the administration of the Milledgeville State Hospital in Baldwin Coun ty; and for other purposes.
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 Acree Anderson Andrews Arnsdorff Barber Baughman Bedgood Bell Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brown Busbee Byrd Caldwell Chance
Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conner
Davis Dean of Polk Deen of Bacon DeVane Dicus Dixon Echols Fleming Floyd Flynt Fowler of Douglas Fulford Funk Gibbons Greene Groover Harrell Harrington Harris
Henderson Hill Horton House Houston
Hull Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Kelly Keyton Killian Kirkland Knight of Laurens Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard
Lewis Lindsey Lokey Lowrey Mackay
1960
JOURNAL OF THE HOUSE,
Matthews of Clarke McClelland McCracken McKemie Meeks Melton Milford Milhollin Mitchell Moate Moore Newton of Jenkins Newton of Colquitt Overby Parker Partridge Perry of Marion Peterson Phillips
Pickard Ponsell Poole Pope Poss Reaves Richardson Roberts Rodgers Roper Rutland Scarborough Sewell Shea Shuman Simmons Sinclair Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Tabb Towson Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Walker Ware Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those not voting were Messrs. :
Alien Bagby Ballard Black Blalock of Coweta Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Carr Causby Clarke of Monroe Conger Crummey Cullens Dorminy Duncan of Fannin Duncan of Carroll Etheridge Flournoy Fowler of Treutlen Griffin Hale
Hall Herndon Hurst Jones of Liberty Jones of Worth King Knight of Berrien Laite Lane Logan Matthews of Colquitt McDonald McGarity Mixon Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Odom Pafford Paris Payton Perry of Evans Rainey Raulerson
Rhodes Rowland Russell Sangster Shaw Simpson Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Story Stuckey Teague Todd Tucker of Burke Underwood of Taylor Waldrop Warren Watson Watts Wells of Camden White Wilson of Brantley 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.
FRIDAY, MARCH 15, 1963
1961
SB 65. By Senators Miller of the 50th, Smalley of the 28th and Johnson of the 42nd:
A Bill to be entitled an Act to amend an Act so as to authorize the State Fire Marshal and his deputies to make arrests and to carry weapons; and for other purposes.
The following substitute, offered by Messrs. Conner of Jeff Davis and Dicus of Muscogee, was read:
A BILL
To be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1994, p. 1057), as amended, by an Act approved February 17, 1950 (Ga. Laws 1950, p. 320), and an Act approved February 17, 1959 (Ga. Laws 1959, p. 50), so as to authorize and empower the State Fire Marshal, his deputy and arson investigators to make arrests and to carry weapons; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. Laws 1949, p. 1057), as amended, by an Act approved February 17, 1950 (Ga. Laws 1950, p. 320), and an Act approved February 17, 1959 (Ga. Laws 1959, p. 50), is hereby amended by inserting between Sections 20 and 21 a new Section 20A to read as follows:
"Section 20A. The State Fire Marshal, or any of his deputies, are hereby granted that authority and power which sheriffs have to make arrests of any person violating or charged with violating any of the criminal statutes of this State relating to arson. In case of such arrests the State Fire Marshal, or any of his deputies, shall immediately deliver the arrested person or persons to the custody of the sheriff of the county wherein the offense was committed. The duty of a sheriff as to the person delivered to him by any person arresting under the provisions of this Act shall be the same as if the sheriff himself had made the original arrest. The State Fire Marshal, or any of his deputies, are hereby authorized and empowered to carry weapons in order to enforce the provisions of this Act."
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
1962
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Mr. Sewell of Sumter moves to amend the Floor substitute to SB 65 by adding after the word "deputies" in the first line of Section 20A.: "Not to exceed twelve (12)".
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 Acree Arnsdorff Barber Baughman Bedgood Bell Black Blair Bolton Bowen of Randolph Bowen of Toombs Brackin Bynum Caldwell Causby Chance Chandler Coker of Cherokee Coker of Turner Conger Conner Da vis Dean of Polk Deen of Bacon Dicus Dorminy Echols Etheridge Floyd Fulford
Funk Gibbons Greene Hale Harrington Harris Henderson Hill House Houston Hurst Isenberg Johnson of Elbert Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian King Kirkland Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey
Lowrey Matthews of Clarke Matthews of Colquitt McClelland Meeks Melton Milford Milhollin Mixon Moate Moore Morgan of Gwinnett Murphy Newton of Colquitt Odom Overby Paris Partridge Payton Perry of Marion Peterson Pickard Ponsell Pope Poss Reaves Richardson Roberts Rodgers Roper Rowland
FRIDAY, MARCH 15, 1963
Rutland Scarborough Sewell Shea Simmons Sinclair Smith of Habersham Snow Spikes
Stalnaker Steis Story Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery
1963
Vaughn Waldrop Walker Ware Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Mr. Cullens, and Mr. Morgan of Newton.
Those not voting were Messrs.:
Alien Anderson Andrews Bagby Ballard Blalock of Coweta Blalock of Clayton Bowen of Dawson Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Busbee Byrd Carr Clark of Catoosa Clarke of Monroe Crummey DeVane Dixon Duncan of Fannin Duncan of Colquitt Fleming Flournoy Flynt Fowler of Douglas Fowler of Truetlen Griffin
Groover Hall Harrell Herndon Horton Hull Johnson of Warren Jones of Liberty Kelly Keyton Knight of Laurens Knight of Berriens Laite Logan Mackay McCracken McDonald McGarity McKemie Mitchell Mullis Nessmith Newton of Jenkins Pafford Parker Perry of Evans Phillips Poole Rainey
Raulerson Rhodes Russell Sangster Shaw Shuman Simpson Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Stuckey Tabb Teague Tucker of Burke Underwood of Taylor Warren Watson Watts Wells of Peach Wells of Oconee Wells of Camden White Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
1964
JOURNAL OF THE HOUSE,
Under the General Order of Business established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration and read:
SB 137. By Senator Scott of the 23rd:
A Bill to be entitled an Act to amend an Act so as to provide that aliens may be committed to Milledgeville State Hospital; and for other pur poses.
The following substitute, offered by Mr. Bell of Richmond, was read and adopted:
A BILL
To be entitled an Act to amend Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, as amended, so as to provide that residents, non-residents and aliens may be committed to the Milledgeville State Hospital; to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-604 pertaining to commissions for persons who are liable to have guardians appointed or who may be subject to be committed to the Milledgeville State Hospital, as amended, is hereby amended by adding at the end of said Section 49-604 the following:
"The provisions of this section shall be applicable at the discretion of the Commission and Ordinary to non-residents of the State of Georgia and to aliens temporarily residing within the County."
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:
Abney Anderson Andrews Arnsdorff Ballard Barber
Baughman Bedgood Bell Blair Blalock of Clayton Bowen of Randolph
Bowen of Toombs Brown Bynum Byrd Caldwell Chance
FRIDAY, MARCH 15, 1963
Clark of Catoosa Coker of Cherokee Coker of Turner Conner Da vis Dean of Polk Deen of Bacon DeVane Dicus Echols Etheridge Fleming Floyd Flynt Fulford Funk Gibbons Greene Groover Hale Harrell Harrington Harris Henderson H orton House Houston Hull Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee
Jordan of Calhoun Keadle Kelly Killian Knight of Laurens Lambert Lane Lee of Clinch Lee of Clayton Leonard Lewis Lindsey Lokey Lowrey Mackay Matthews of Catoosa McCracken McKemie Milford Milhollin Mitchell Moate Moore Morgan of Newton Murphy Newton of Jenkins Overby Parker Partridge Payton Perry of Marion Peterson Pickard Pope
1965
Poss Reaves Richardson Roberts Rodgers Rowland Rutland Scarborough Sewell Shea Shuman Simmons Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Tabb Teague Towson Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Ware Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Cobb
Those voting in the negative were Messrs.:
Lee of Dougherty
Odom
Phillips
Those not voting were Messrs.:
Acree Alien Bagby Black Blalock of Coweta Bolton Bowen of Dawson Brackin Branch Brantley Brooks of Oglethorpe
Brooks of Fulton Busbee Carr Causby Chandler Clarke of Monroe Conger Crummey Cullens Dixon Dorminy
Duncan of Fannin Duncan of Colquitt Flournoy Fowler of Douglas Fowler of Treutlen Griffin Hall Herndon Hill Isenberg Jones of Liberty
1966
JOURNAL OF THE HOUSE,
Jordan of Floyd Keyton King Kirkland Knight of Berrien Laite Logan Matthews of Colquitt McClelland McDonald McGarity Meeks Melton Mixon Morgan of Gwinnett Mullis Nessmith Newton of Colquitt
Pafford Paris Perry of Evans Ponsell Poole Rainey Raulerson Rhodes Roper Russell Sangster Shaw Simpson Sinclair Singer Smith of Forsyth Smith of Telfair Smith of Emanuel
Story Stuckey Todd Tucker of Burke Underwood of Tayloi Waldrop Walker Warren Watson Watts Wells of Peach Wells of Camden White Wilson of Brantley Woodward Mr. Speaker
On the passage of the Bill, by substitute, the ayes were 117, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker presented His Excellency to the members of the House, and Governor Carl E. Sanders in his usual forceful manner delivered the following stirring address:
MR. SPEAKER, MEMBERS OF THE HOUSE, FRIENDS AND FELLOW GEORGIANS:
It has been said that the world is blessed most by men who do things, not by those who merely talk about them.
By that yardstick, this Session of the General Assembly of Georgia has been an unparalleled blessing for our State.
You have been a doing, not a talking, Legislature.
And, the impressive record of achievement you thus have written has earned you the plaudits and gratitude of all Georgians.
In my years of governmental experience, I have never known a more dedicated, a more diligent, or a more productive General Assembly.
No Governor ever has received greater cooperation in the imple mentation of his programs . . . No Governor has been accorded more open-minded consideration of his legislative proposals.
FRIDAY, MARCH 15, 1963
1967
Georgians for many years to come will be enjoying the fruits of your labors and reaping the harvests of the seed you have sown.
It is my sincere belief that the scholars of the future will rank this Session as one of the finest, if not the finest, of our history.
And to any who might be inclined to regard that conclusion as so much oratory, I say, in the words of that great Democrat, Franklin Delano Roosevelt, "Let's look at the record":
You have given the State of Georgia a balanced budget -- one that is progressive but not profligate -- one that will meet the needs of the immediate future, without extravagance or false economy.
You have provided funds to increase the salaries of school teachers and college professors, to provide new teachers and classrooms for rapid ly-growing areas, to expand our University System, and to increase the number of community junior colleges.
You have assured the development of educational programs geared to the future at all levels by creating a Commission to study and make recommendations for meeting our State's school and college needs.
You have made possible a long-needed statewide program for cornbatting and correcting juvenile delinquency with the establishment of a State Department of Youth.
You have cleared the way for the planning and implementation of a long-range, balanced highway program by putting the Highway De partment under the supervision of a constitutional Highway Board and a full-time director.
You have taken the first step toward giving Georgia a new, stream lined, forward-looking state constitution by creating a Constitutional Revision Commission to draft such a document.
You have set the stage for the reorganization of our State Govern ment by establishing the Governor's Commission for Efficiency and Im provement of Governmental Operations, and by approving companion legislation for carrying out its recommendations subject to the approval of the General Assembly.
You have given new impetus to efforts to accelerate Georgia's rate of industrial growth by exempting machinery for new or expanded in dustrial plants from payment of the sales or use tax.
You have provided for the realization of the tourist and recreational potential of our State's scenic mountains and lakes with the creation of the Georgia Mountains Authority to promote their development.
You have established machinery for putting an end to speed trap operations in cases where local authorities are unable or unwilling to act.
1968
JOURNAL OF THE HOUSE,
You have strengthened local, self-government by giving local gov ernments greater incentives for consolidating overlapping services, and by submitting a proposed constitutional amendment to make voluntary county mergers effective upon majority vote of the counties concerned.
There are many more actions you have taken for the present and future benefit of Georgia people which I could cite, but I think I can sum them all up with this one observation:
By the responsive and responsible manner in which you have acted to identify and solve Georgia problems on the Georgia level, you have demonstrated to the nation the vitality of the processes of our form of representative democracy.
You have afforded the country an outstanding example of the exercises of states' rights and states' responsibilities in the perspective envisioned by our founding fathers.
In so doing, not only have you given new meaning and vitality to both terms, but you also have given an irrefutable answer to those who advocate further centralization of national power on the grounds that the states are impotent to help themselves.
I wish to express to each of you my heartfelt appreciation for the understanding, the support and the cooperation you have accorded me in these first days and weeks of my Administration, as well as my heartiest congratulations upon a job well done.
Truly, you have proved yourselves to be, in the words of Alexander Pope:
"Statesmen, yet friend to truth; of soul sincere,
In action faithful, and in honor clear;
Who broke no promise, served no private end,
Who gained no title, and who lost no friend."
And now, I wish for each of you, a year of health and happiness. I offer to all of you, my sincerest good wishes . . . My gratitude for a job well done . . . My prayers for your future success in service to all Georgians . . . And for the continued growth, prosperity and peace of our beloved State.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 364. By Messrs. Groover of Bibb, Wilkes of Cook and Hill of Meriwether: A Bill to be entitled an Act to clarify the compensation that State
FRIDAY, MARCH 15, 1963
1969
officials may receive for service as ex-officio officer; and for other purposes.
The following Senate substitute was read:
A BILL
To he entitled an Act to clarify the compensation that State of ficials may receive for service as ex officio officer; to provide that for ex officio offices created subsequent to the approval of this Act that no compensation shall be paid for service thereon unless the Act creat ing such office specifically provides for payment of compensation for service thereon; to provide an effective date; to provide compensation for certain elective constitutional officers; to amend Code Section 5-105, relating to the compensation of the Commissioner of Agriculture, so as to increase the compensation provided therein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. No State official who receives, as a part of his com pensation, pay for service on an ex officio office or position held by such officer, shall receive any compensation for such service in any such ex officio office created subsequent to the effective date of this Act unless the statute creating the ex officio office shall specifically provide for compensation for the ex officio officer.
Section 1A. Code Section 5-105, as amended, particularly by an Act approved February 10, 1960 (Ga. L. 1960, p. 106), relating to the compensation of the Commissioner of Agriculture, is hereby amended by striking said section in its entirety and inserting in lieu thereof the following:
"5-105. The annual salary of the Commissioner of Agri culture shall be $22,500.00, payable in semi-monthly install ments. The salary provided herein shall be cumulative of and in lieu of all other salaries, fees, compensation, allowances, and perquisites of such office of every nature and including serv ices performed by him on all boards, commissions, and agencies of the State Government to which he shall belong or serve by virtue of his office. He shall be entitled to reimbursement for all actual and necessary expenses incurred by him in the per formance of his official duties including mileage allowance for use of his personal automobile in the same manner and to the extent as other State Employees. He shall fix the compensation of employees of the Department of Agriculture; provided, how ever, that the employees of such Department under the Merit System shall be compensated under the Rules and Regulations of the State Personnel Board."
Section 2. The provisions of this Act shall become effective on the first day of the month following the month in which it is approved by
1970
JOURNAL OF THE HOUSE,
the Governor or in which it otherwise becomes law, and any adjustments in compensation necessitated by the provisions of this Act shall be made beginning at that time.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Groover of Bibb 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:
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Arnsdorff Ballard Baughman Bell Black Blair Bolton Bowen of Randolph Bowen of Dawson Bowen of Toombs Brackin Brown Busbee Bynum Byrd Caldwell Causby Chance Chandler Clark of Catoosa Coker of Cherokee Coker of Turner Conger Cullens Davis Dean of Polk Dcen of Bacon DeVane Dixon Dorminy Duncan of Carroll Echols Etheridge Flournoy
Floyd Fulford Funk Gibbons Greene Groover Hale Harrell Harrington Henderson House Houston Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Kirkland Knight of Laurens Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McDonald McKemie
Meeks Melton Milford Milhollin Mitchell Mixon Moate Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Paris Parker Partridge Payton Perry of Marion Perry of Evans Peterson Ponsell Pope Poss Reaves Rhodes Richardson Roberts Roper Rowland Scarborough Sewell Shea Shuman Simmons Simpson Sinclair
FRIDAY, MARCH 15, 1963
Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story
Teague Todd Towson Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Waldrop
1971
Walker Ware Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Alien Andrews Bagby Barber Bedgood Blalock of Coweta Blalock of Clayton Branch Brantley Brooks of Oglethorpe Brooks of Fulton Carr Clarke of Monroe Conner Crummey Dicus Duncan of Fannin
Fleming Flynt Fowler of Douglas Fowler of Treutlen Griffin Hall
Harris Herndon Hill Horton Hull Isenberg Jones of Liberty Jones of Muscogee Kelly Keyton Killian King Knight of Berrien Laite Logan Mackay McCracken McGarity Mullis Nessmith Overby Pafford Phillips
Pickard Poole Rainey Raulerson Rodgers Russell Rutland Sangster Shaw Smith of Telfair Smith of Emanuel Stuckey Tabb Tucker of Burke Underwood of Taylor Warren Watson Watts Wells of Peach Wells of Camden White Mr. Speaker
On the motion to agree, the ayes were 137, nays 0.
The Senate substitute to HB 364 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 follow ing Bills of the House to-wit:
1972
JOURNAL OF THE HOUSE,
HB 556. By Mr. McClelland of Fulton:
A Bill to amend an Act providing that the fees of an auditor shall be taxed by the Judge and providing the amount of said fees, so as to provide that the fees of an auditor to whom a case has been referred shall be determined by the trial judge making such referrral; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House:
HB 492. By Messrs. Sinclair of Macon, Duncan of Carroll and others:
A Bill to amend an Act to revise the adoption laws so as to remove certain grounds for the annulment of an adoption; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Resolution of the House:
HR 191. By Messrs. Walker and Gibbons of Lowndes and others:
A Resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.
The Senate has agreed to the report of the Committee of Conference on the following Bill of the Senate:
SB 7. By Senator Millers of the 50th:
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.
The following Bill of the Senate was taken up for the purpose of con sidering the report of the Conference Committee thereon:
SB 7. By Senator Miller of the 50th:
A Bill to be entitled an Act to amend the Code relating to qualifica tions of county school superintendents; and for other purposes.
The following Conference Committee report was read:
FRIDAY, MARCH 15, 1963
1973
The Conference Committee on SB 7 recommends the following: That the House and Senate recede upon their positions in relating to Section 1 of said Bill' as it pertains to Code Section 32-1004 and in lieu thereof that the following 32-1004 be adopted by both Houses:
"32-1004. Before any person shall be qualified or eligible to hold office of the county superintendent of schools, he shall be a citizen of the county if elected by the voters of the county, but it shall not be necessary that he be a citizen of the county if elected or appointed by the Board of Education, he shall have earned and hold a five-year degree from an accredited college or university, or shall have not less than a four-year degree earned and held from an accredited college or university and shall have registered for courses leading toward obtaining the requirements of a five-year certificate, and shall have had not less than three years of actual teaching or education administration experience, and, shall be a person of good moral character, never convicted of any crime involving moral turpi tude. Before becoming eligible to qualify for election, or, appoint ment, candidates for the position of county school superintendent of schools must file with the State Board of Education, a certificate under oath, showing qualification hereunder. Provided, that this Act shall not affect any school system in existence prior to the adoption of the Constitution of 1877, nor any Superintendent of Schools of any such school system."
And that the House amendment proposed to Section 2 be adopted by both Houses.
Respectfully submitted, Miller of 50th Kendrick of 32nd Ellis of 44th Melton of Spalding Moore of Polk Parker of Screven
Mr. Melton of Spalding moved that the House adopt the Conference Com mittee report.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Acree Andrews Arnsdorff
Bagby Baughman Bell Black
Blair Bolton Bowen of Dawson Brantley
1974
JOURNAL OF THE HOUSE,
Brown Busbee Bynum Byrd Caldwell Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk DeVane Dixon Duncan of Carroll Eehols Etheridge Flournoy Floyd Fulford Funk Gibbons Greene Groover Harrington Harris Henderson Herndon Hill House Houston Hurst
Johnson of Elbert Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Killian Knight of Laurens Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McGarity McKemie Meeks Melton Milhollin Mitchell Moore Morgan of Gwinnett Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Peterson
Ponsell Pope Kainey Reaves Richardson Rodgers Rowland Sangster Scarborough Sewell Shea Shuman Simmons Sinclair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Teague Towson Twitty Vaughn Waldrop Walker Ware Wilkes Williams of Hall Wilson of Cobb Woodward
Those voting in the negative were Messrs.:
Anderson Ballard Brooks of Oglethorpe Clark of Catoosa Dorminy Harrell
Johnson of Warren Lewis Lindsey Morgan of Newton Murphy Todd
Tucker of Catoosa Underwood of
Montgomery Wells of Oconee
Those not voting were Messrs.:
Alien Barber Bedgood Blalock of Coweta Blalock of Clayton Bowen of Randolph Bowen of Toombs Brackin
Branch Brooks of Fulton Carr Causby Conger Conner Crummey Deen of Bacon
Dicus Duncan of Fannin Fleming Flynt Fowler of Douglas Fowler of Treutlen Griffin Hale
FRIDAY, MARCH 15, 1963
Hall Horton Hull Isenberg Jones of Liberty Jones of Worth Jones of Muscogee Kelly Keyton King Kirkland Knight of Berrien Laite Leonard Logan Mackay McCracken McDonald Milford
Mixon Moate Mullis Nessmith Pafford Payton Perry of Marion Perry of Evans Phillips Pickard Poole Poss Raulerson Rhodes Roberts Roper Russell Rutland Shaw
1975
Simpson Singer Smith of Porsyth Smith of Telfair Smith of Emanuel Stuckey Tabb Tucker of Burke Underwood of Taylor Warren Watson Watts Wells of Peach Wells of Camden White Williams of Coffee Wilson of Brantley Mr. Speaker
On the motion to adopt, the ayes were 110, nays 15.
The Conference Committee report on SB 7 was adopted.
Mr. Lewis of Wilkinson requested that the Journal show him as having voted for the adoption of the Conference Committee report.
The following Bill of the House was taken up for the purpose of considering the Conference Committee report thereon:
HB 247. By Messrs. Paris of Barrow, Knight of Berrien and others:
A Bill to be entitled an Act to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capa city of an independent contractor; and for other purposes.
The following Conference Committee report was read: CONFERENCE COMMITEE REPORT ON HB 247
Mr. President: Mr. Speaker:
Your Conference Committee has had under consideration HB 247
1976
JOURNAL OF THE HOUSE,
and moves that both the Senate and the House recede from their position and that the following Substitute Bill be adopted.
Respectfully submitted: Smalley of the 28th Phillips of the 27th Johnson of the 42nd Paris of Barrow Murphy of Haralson Cullens of Bartow
A BILL
To be entitled an Act to provide the manner in which liability in surers shall have the right to compromise or settle claims of third per sons against their insureds; to provide the manner in which an insured shall have a right to assert a claim or cause of action against third persons; to provide for notice which liability insurance companies must give to third persons of the lack of consent of their insured before settling claims of such third persons; to provide the manner in which third persons shall be barred from asserting claims against all persons whomsoever; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. From and after the passage of this Act, any provision in a liability policy of insurance which provides that the insurer shall have the right to compromise or settle claims of third persons against the insured without the consent of the insured shall be deemed to create, as between the insurer and the insured, the relationship of an in dependent contractor so that the insured shall not be precluded from asserting a claim or cause of action against third persons, notwithstand ing the settlement by the insurer of such claims of third persons, unless the insured shall previously have consented thereto in writing; provided, that in all such cases where the insurer shall settle the claims of third persons against the insured, without such written consent, it shall be the duty of the insurer to inform such third persons in writing of the lack of consent of the insured and that the insured is not thereby pre cluded from the further assertion of claims against such third persons, before taking from such third persons any release, convenant not to sue, or other settlement; and upon the failure of the insurer to give such notice to such third persons of the lack of consent of such insured, such release, covenant not to sue or other settlement shall be of no effect, null and void.
If such third persons execute a release, convenant not to sue, or
FRIDAY, MARCH 15, 1963
1977
other instrument in settlement of their claims after such notice of the lack of consent of the insured, the same shall be deemed and construed as a bar to the further assertion by such third persons of such claims against all persons whomsoever, and such third persons shall not plead such release, convenant not to sue or settlement in bar of any action or claim asserted by such insured.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Paris of Barrow moved that the House adopt the Conference Com mittee report.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Arnsdorff Bagby Ballard Barber Baughman Bell Black Blair Bolton Bowen of Randolph Bowen of Dawson Busbee Bynum Byrd Caldwell Causby Chance Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk DeVane Dorminy Duncan of Carroll Echols Flournoy
Fulford Funk Gibbons Greene Hale Harrell Harris Henderson Herndon House Houston Hurst Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Knight of Laurens Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lokey Lowrey Matthews of Colquitt McClelland
McGarity McKemie Meeks Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Murphy Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Marion Peterson Ponsell Pope Poss Rainey Rhodes Richardson Roberts Rodgers Rowland Sangster Scarborough Sewell
1978
JOURNAL OF THE HOUSE,
Shea Shuman Simmons Singer Smith of Porsyth Snow
Spikes Stalnaker Story Teague Towson Twitty
Vaughn Walker Wells of Peach Wilkes Williams of Hall Wilson of Cobb
Voting in the negative was Mr. Melton
Those not voting were Messrs.:
Acree Alien Bedgood Blalock of Coweta Blalock of Clayton Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Broocks of Fulton Brown Carr Chandler Clark of Catoosa Conger Crummey Deen of Bacon Dicus Dixon Duncan of Fannin Etheridge Fleming Floyd Flynt Fowler of Douglas Fowler of Treutlen Griffin Groover Hall Harrington
Hill Horton Hull Isenberg Jones of Liberty Jones of Muscogee Kelly Keyton King Knight of Berrien Laite Lane Lindsey Logan Mackay Matthews of Clarke McCracken McDonald Moate Mullis Nessmith Pafford Payton Perry of Evans Phillips Pickard Poole Raulerson Reaves Roper Russell
Rutland Shaw Simpson Sinclair Smith of Telfair Smith of Emanuel Smith of Habersham Smith of Whitfield Steis Stuckey Tabb Todd Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Waldrop Ware Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Wilson of Brantley Woodward Mr. Speaker
On the motion to adopt, the ayes were 114, nays 1.
The Conference Committee report on HB 247 was adopted.
The following Resolution and Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
FRIDAY, MARCH 15, 1963
1979
HR 191-575. By Messrs. Walker and Gibbons of Lowndes and Killian and Isenberg of Glynn:
A Resolution relating to the placing of a marker on Jekyll Island in honor of former Governor M. E. Thompson; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Rules moves to amend HR 191-575 by striking in its entirety the following:
"Whereas at the time the Island was acquired, Governor Thompson was criticized for his actions, his critics stating that it was a waste of taxpayers' money, and"
Mr. Walker of Lowndes 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.:
Acree Andrews Arnsdorff Bagby Barber Baughman Bedgood Bell Blair Bolton Bowen of Randolph Bowen of Toombs Brackin Busbee Bynum Byrd Caldwell Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk DeVane Dixon
Echols Etheridge Plournoy Floyd Fulford Funk Gibbons Greene Harrell Harrington Henderson Herndon Hill House Houston Hurst Isenberg Johnson of Elbert Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Lee of Clinch Lee of Clayton Lee of Dougherty
Lewis Lindsey Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McDonald McGarity McKemie Meeks Milford Mitchell Moore Newton of Jenkins Odom Overby Paris Parker Partridge Peterson Ponsell Pope Poss Rainey Reaves Rhodes Richardson Rodgers
1980
JOURNAL OF THE HOUSE,
Rowland Sangster Scarborough Sewell Shea Shuman Simmons Sinclair Singer Smith of Habersham
Smith of Whitfield Spikes Stalnaker Steis Story Teague Todd Towson Twitty Vaughn
Waldrop Walker Wells of Peach Wells of Oconee Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs. :
Abney Alien Anderson Ballard Black Blalock of Coweta Blalock of Clayton Bowen of Dawson Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Carr Causby Clark of Catoosa Conger Crummey Been of Bacon Dicus Dorminy Duncan of Pannin Duncan of Carroll Fleming Plynt Fowler of Douglas Fowler of Treutlen Griffin Groover Hale Hall
Harris Horton Hull Johnson of Warren Jones of Liberty Jones of Worth Kelly Keyton King Knight of Laurens Knight of Berrien Laite Lambert Lane Leonard Logan Mackay McCracken Melton Milhollin Mixon Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Pafford Payton Perry of Marion
Perry of Evans Phillips Pickard Poole Raulerson Roberts Roper Russell Rutland Shaw Simpson Smith of Forsyth Smith of Telfair Smith of Emanuel Snow Stuckey Tabb Tucker of Catoosa Tucker of Burke Underwood of
Montgomery Underwood of Taylor Ware Warren Watts Wells of Camden White Williams of Coffee Mr. Speaker
On the motion to agree, the ayes were 114, nays 0.
The Senate amendment to HR 191-575 was agreed to.
HB 477. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to prohibit the hunting and taking of certain birds; and for other purposes.
FRIDAY, MARCH 15, 1963
1981
The following Senate amendment was read:
The Senate Committee on Agriculture & Natural Resources moves to amend HB 477 as follows:
By adding at the end of Section 1 the following:
"Nothing herein contained shall be deemed to make it un lawful for the owner or occupant of land to protect in any man ner he deems necessary, crops, livestock, poultry, or any other property of any kind whatsoever on such land, from any wild bird covered in this Act or any other bird of any kind."
Mr. Wilkes of Cook 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.:
Andrews Arnsdorff Bagby Barber Baughman Bedgood Black Blair Blalock of Clayton Bolton Bowen of Dawson Busbee Bynuni Byrd Caldwell Causby Chance Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Cullens Davis Dean of Polk DeVane Dixon Dorminy Duncan of Carroll Echols Flournoy
Floyd Fulford Funk Gibbons Greene Harrell Harrington Harris Henderson Herndon Hill Houston Hurst Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jones of Muscogee Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Knight of Laurens Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey
Lokey McClelland McDonald McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Newton of Jenkins Odom Overby Paris Partridge Perry of Marion Peterson Ponsell Pope Poss Rainey Richardson Roberts Rodgers Sangster Scarborough Sewell Shea Shuman Simmons
1982
JOURNAL OP THE HOUSE,
Singer Smith of Forsyth Smith of Habersham Smith of Whitfield Spikes Stalnaker Story
Teague Todd Towson Twitty Underwood of
Montgomery Vaughn
Walker Wells of Peach Wells of Oconee Wilkes Wilson of Cobb
Those not voting were Messrs. :
Abney Acree Alien Anderson Ballard Bell Blalock of Coweta Bowen of Randolph Bowen of Toombs Brackin Branch Brantley Brooks of Oglethorpe Brooks of Pulton Brown Carr Clark of Catoosa Conger Crummey Deen of Bacon Dicus Duncan of Pannin Etheridge Fleming Flynt Fowler of Douglas Fowler of Treutlen Griffin Groover Hale Hall Horton
House Hull Jones of Liberty Kelly Keyton King Knight of Berrien Laite Lambert Lane Logan Lowrey Mackay Matthews of Clarke Matthews of Colquitt McCracken McGarity Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Pafford Parker Payton Perry of Evans Phillips Pickard Poole Raulerson
Reaves Rhodes Roper Rowland Russell Rutland Shaw Simpson Sinclair Smith of Telfair Smith of Emanuel Snow Steis Stuckey Tabb Tucker of Catoosa Tucker of Burke Underwood of Taylor Waldrop Ware Warren Watson Watts Wells of Camden White Williams of Coffee Williams of Hall Wilson of Brantley Woodward Mr. Speaker
On the motion to agree, the ayes were 111, nays 0.
The Senate amendment to HB 477 was agreed to.
HB 145. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act so as to authorize the
FRIDAY, MARCH 15, 1963
1983
Employees Retirement System of Georgia to employ agents for advisory and investment purposes; and for other purposes.
The following Senate amendment was read:
Senator Pannell of 54th moves to amend HB 145 as follows:
By striking from the language quoted in Subsection (1) of Section 7 in Section 1 of said Bill the words "imposed upon the laws", and inserting in lieu thereof the words "imposed by the laws".
Mr. Busbee of Dougherty 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 Anderson Arnsdorff Bagby Barber Baughman Bedgood Bell Blair Bolton Bowen of Randolph Bowen of Dawson Brackin Brown Busbee Byrd Caldwell Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Da vis Dean of Polk Dorminy Duncan of Carroll Echols Etheridge
Flournoy Floyd Funk Gibbons Groover Hale Harrell Henderson Herndon Houston Hurst Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Calhoun Keadle Killian Kirkland Knight of Laurens Laite Lambert Lee of Clinch Lee of Dougherty Leonard Lewis Lokey Matthews of Clarke Matthews of Colquitt McClelland McGarity
McKemie Meeks Milford Mixon Moore Newton of Jenkins Odom Overby Paris Parker Partridge Perry of Marion Perry of Evans Peterson Pope Poss Rhodes Richardson Roberts Rodgers Roper Rutland Sangster Scarborough Sewell Shea Simmons Simpson Sinclair Singer
1984
JOURNAL OF THE HOUSE,
Smith of Habersham Spikes Stalnaker Steis Teague Todd Towson
Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Walker Ware
Wells of Peach Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Acree Alien Andrews Ballard Black Blalock of Coweta Blalock of Clayton Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Carr Chandler Conger Crummey Cullens Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Fleming Flynt Fowler of Douglas Fowler of Treutlen Fulford Greene Griffin Hall Harrington
Harris Hill Horton House Hull Isenberg Jones of Liberty Jones of Worth Jones of Muscogee Jordan of Floyd Kelly Keyton King Knight of Berrien Lane Lee of Clayton Lindsey Logan Lowrey Mackay McCracken McDonald Melton Milhollin Mitchell Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt
Pafford Payton Phillips Pickard Ponsell Poole Rainey Raulerson Reaves Rowland Russell Shaw Shuman Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Story Stuckey Tabb Tucker of Burke Underwood of Taylor Waldrop Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Mr. Speaker
On the motion to agree, the ayes were 109, nays 0.
The Senate amendment to HB 145 was agreed to.
HB 149. By Messrs. Busbee of Dougherty, Knight of Laurens, Keadle of Lamar, and Sinclair of Macon:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the teachers of this State, so as to authorize the employ-
FRIDAY, MARCH 15, 1963
1985
ment of agents for advisory and investment purposes; and for other purposes.
The following Senate amendment was read:
Senator Pannell of 54th moves to amend HB 149 as follows: By striking from the language quoted in Subsection (1) of
Section 7 in Section 1 of said Bill the words "imposed upon the laws", and inserting in lieu thereof the words "imposed by the laws".
Mr. Busbee of Dougherty 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.:
Acree Anderson Arnsdorff Bagby Barber Baughman Bell Blair Bolton Bowen of Randolph Bowen of Dawson Brackin Brown Busbee Bynum Byrd Caldwell Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Dorminy Duncan of Carroll
Echols Etheridge Flournoy Floyd Fulford Funk Gibbons Groover Hale Harrell Henderson House Houston Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Kirkland Knight of Laurens Laite Lambert Lane Lee of Clinch Lee of Dougherty Leonard Lewis
Lokey Matthews of Clarke Matthews of Colquitt McClelland McGarity McKemie Meeks Milford Mixon Moore Newton of Jenkins Odom Overby Paris Parker Partridge Perry of Marion Perry of Evans Peterson Pope Poss Reaves Rhodes Richardson Roberts Rodgers Rowland Rutland
1986
JOURNAL OF THE HOUSE,
Sangster Scarborough Sewell Shea Shuman Simmons Sinclair Smith of Habersham Spikes
Stalnaker Steis Towson Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Walker
Ware Wells of Peach Wells of Oconee Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs.:
Abney Alien Andrews Ballard Bedgood Black Blalock of Coweta Blalock of Clayton Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Carr Chandler Conger Crummey Cullens Deen of Bacon DeVane Dicus Dixon Duncan of Fannin Fleming Flynt Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Harrington Harris
Herndon Hill Horton Hull Hurst Isenberg Jones of Liberty Jones of Worth Jones of Muscogee Kelly Keyton Killian King Knight of Berrien Lee of Clayton Lindsey Logan Lowrey Mackay McCracken McDonald Melton Milhollin Mitchell Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Pafford
Payton Phillips Pickard Ponsell Poole Rainey Raulerson Roper Russell Shaw Simpson Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Snow Story Stuckey Tabb Teague Todd Tucker of Burke Underwood of Taylor Waldrop Warren Watson Watts Wells of Camden White Williams of Coffee Mr. Speaker
On the motion to agree, the ayes were 109, nays 0.
The Senate amendment to HB 149 was agreed to.
HB 527. By Messrs. Smith of Grady, Bolton of Spalding and others: A Bill to be entitled an Act to amend an Act so as to provide that the
FRIDAY, MARCH 15, 1963
1987
Board of Education of any county shall have the power to equip facilities for education beyond the 12th grade; and for other purposes.
The following Senate amendment was read:
The Senate Rules Committee moves to amend HB 527 as follows:
By striking from the title of said Bill the following "twelfth grade; and (3) to issue bonds in accordance with the Constitution and laws of the State of Georgia for any of the aforesaid purposes;", and inserting in lieu thereof the following, "twelfth grade. In addition to the foregoing powers, each such governing body shall have the right and authority to issue bonds in accordance with the Constitution and laws of the State of Georgia for any of the aforesaid purposes."
By striking from Section 1 the following, "twelfth grade; and (3) to issue bonds in acocrdance with the Constitution and laws of the State of Georgia for any of the aforesaid purposes;", and inserting in lieu thereof the following, "twelfth grade. In addition to the foregoing powers, each such governing body shall have the right and authority to issue bonds in accordance with the Constitution and laws of the State of Georgia for any of the aforesaid purposes."
Mr. Busbee of Dougherty 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 Acree Anderson Arnsdorff Bagby Barber Baughman Bedgood Bell Black Blair Bolton Bowen of Randolph Bowen of Dawson Brackin Brown Busbee
Bynum Byrd Caldwell Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk DeVane Dorminy Echols Etheridge Flournoy
Ployd Fulford Funk Gibbons Groover Hale Harrell Henderson House Houston Johnson of Elbert Johnson of Warren Jones of Lurnpkin Jordan of Floyd Jordan of Calhoun Keadle Kirkland
1988
JOURNAL OF THE HOUSE,
Knight of Laurens Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lokey Lowrey Matthews of Clarke Matthews of Colquitt McClelland McGarity McKemie Melton Milford Mixon Moore Newton of Jenkins Odom
Overby Paris Parker Partridge Perry of Marion Perry of Evans Peterson Poss Rhodes Richardson Roberts Rodgers Rowland Rutland Sangster Scarborough Sewell Shea Shuman Simmons Sinclair
Smith of Telfair Smith of Habersham Snow Spikes Stalnaker Steis Story Towson Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Walker Ware Wells of Peach Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
Those not voting were Messrs. :
Alien Andrews Ballard Blalock of Coweta Blalock of Clayton Blalock of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Carr Chandler Conger Crummey Cullens Deen of Bacon Dicus Dixon Duncan of Fannin Duncan of Carroll Fleming Flynt Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Harrington Harris Herndon Hill
Horton Hull Hurst Isenberg Jones of Liberty Jones of Worth Jones of Muscogee Kelly Keyton Killian King Knight of Berrien Laite Lindsey Logan Mackay McCracken McDonald Meeks Milhollin Mitchell Moate Morgan of Gwinnett Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Pafford Payton Phillips
Pickard Ponsell Poole Pope Rainey Raulerson Reaves Roper Russell Shaw Simpson Singer Smith of Forsyth Smith of Emanuel Smith of Whitfield Stuckey Tabb Teague Todd Tucker of Burke Underwood of Taylor Waldrop Warren Watson Watts Wells of Oconee Wells of Camden White Williams of Coffee Wilson of Brantley
FRIDAY, MARCH 15, 1963
1989
On the motion to agree, the ayes were 113, nays 0.
The Senate amendment to HB 527 was agreed to.
HB 429. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding and others:
A Bill to be entitled an Act relating to the Board of Health and the Director of the Department of Public, Health, so as to authorize the Director to execute instruments to release proper parties from further compliance with certain contractual obligations; and for other purposes.
The following Senate amendment was read:
The Senate Health & Welfare Committee moves to amend HB 429 as follows:
By striking from Section 1 of said Bill the following: "The Director of the Department of Public Health is empowered to ex ecute appropriate instruments on behalf of the Board of Health and the Department of Public Health to release proper parties from further compliance with contractual obligations with the Depart ment of Public Health or the Board of Health.",
and inserting in lieu thereof the following:
"The Director of the Department of Public Health, only with the approval of the Board, is empowered to execute appropriate instru ments on behalf of the Board of Health and the Department of Public Health to release proper parties from further compliance with contractual obligations with the Department of Public Health or the Board of Health."
By striking from Section 1 of said Bill the following: "The Director of the Department of Public Health is empowered to execute appropriate instruments on behalf of the Board of Health and the Department of Public Health and to release proper parties from further compliance with contractual obligations with the De partment of Public Health or the Board of Health."
and inserting in lieu thereof the following:
"The Director of the Department of Public Health, only with the approval of the Board, is empowered to execute appropriate instru-
1990
JOURNAL OP THE HOUSE,
ments on behalf of the Board of Health and the Department of Public Health to release proper parties from further compliance with contractual obligations with the Department of Public Health or the Board of Health."
Mr. Bolton of Spalding 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 Acree Anderson Arnsdorff Bagby Barber Baughman Bell Black Blair Bolton Bowen of Eandolph Bowen of Dawson Brackin Brown Busbee Bynum Byrd Caldwell Causby Chance Clark of Catoosa Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk DeVane Duncan of Carroll Echols Etheridge Flournoy Ployd Pulford Punk Gibbons Groover Hale
Harrell Harris Henderson House Houston Hurst Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Ployd Jordan of Calhoun Keadle Kirkland Lambert Lane Lee of Clayton Lee of Dougherty Leonard Lewis Lokey Lowrey Matthews of Clarke McClelland McGarity McKemie Meeks Melton Milford Mixon Moore Morgan of Gwinnett Newton of Jenkins Odom Overby Paris Parker Partridge Perry of Marion Perry of Evans
Peterson Pope Poss Reaves Richardson Roberts Rodgers Rowland Rutland Sangster Scarborough Sewell Shea Simmons Simpson Sinclair Smith of Habersham Snow Spikes Stalnaker Steis Story Towson Tucker of Catoosa Twitty Underwood of
Montgomery Vaughn Walker Ware Wells of Peach Wells of Oconee Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb Woodward
FRIDAY, MARCH 15, 1963
Those not voting were Messrs.:
Alien Andrews Ballard Bedgood Blalock of Coweta Blalock of Clayton Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Carr Chandler Conger Crummey Cullens Been of Bacon Dicus Dixon Dorminy Duncan of Fannin Fleming Flynt Fowler of Douglas Fowler of Truetlen Greene Griffin Hall Harrington Herndon Hill
Horton Hull Isenberg Jones of Liberty Jones of Worth Jones of Muscogee Kelly Keyton Killian King Knight of Laurens Knight of Berriens Laite Lee of Clinch Lindsey Logan Mackay Matthews of Colquitt McCracken McDonald Milhollin Mitchell Moate Morgan of Newton Mullis Murphy Nessmith Newton of Colquitt Pafford Payton Phillips
1991
Pickard Ponsell Poole Rainey Raulerson Rhodes Roper Russell Shaw Shuman Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Smith of Whitfield Stuckey Tabb Teague Todd Tucker of Burke Underwood of Taylor Waldrop Warren Watson Watts Wells of Camden White Williams of Coffee Mr. Speaker
On the motion to agree, the ayes were 114, nays 0.
The House has agreed to the Senate amendment to HB 429.
HB 562. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others: A Bill to be entitled an Act to amend an Act known as "The Welfare Reorganization Act of 1937", so as to abolish existing county boards of family and children services and provide for appointment of new county boards of family and children services in each county; and for other purposes.
The following amendment was read:
The Senate Rules Committee moves to amend HB 562 as follows:
1992
JOURNAL OF THE HOUSE,
By striking from the title the words: "abolish existing county boards of family and children services and".
By striking from the third sentence of Section 10, which is quoted in Section 1 the word "initially", and inserting in lieu thereof the following: ", upon the expiration of the terms of the present members of said board".
By changing the comma to a period after the word "term" in the third sentence in Section 10, which is quoted in Section 1.
By striking from the third sentence of Section 10, which is quoted in Section 1 the following: "each of said initial terms to date from July 1, 1963."
By striking from Section 10, which is quoted in Section 1, the fourth sentence which reads as follows:
"No member of the county board, after having served a full five (5) year term on said board, shall be eligible for reappointment to the board for a period of one (1) year."
By striking from Section 10, which is quoted in Section 1, the last sentence which reads as follows:
"Existing county boards of family and children services are here by abolished as of the effective date of this Act and county boards of family and children services constituted as provided for in this Section of this Act shall take office on said date."
Mr. Duncan of Carroll moved that the Senate amendment be printed.
The motion prevailed and the Clerk was instructed to print the amendment.
Mr. Bolton of Spalding 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 Anderson Andrews Arnsdorff Bagby Ballard
Barber Baughman Bell Black Blair Bolton
Bowen of Randolph Bowen of Dawson Brackin Brown Busbee Byrd
FRIDAY, MARCH 15, 1963
Caldwell Causby Chance Clarke of Monroe Coker of Cherokee Coker of Turner Cullens Davis Dean of Polk Deen of Bacon DeVane Dixon Dorminy Duncan of Carroll Echols Etheridge Flournoy Floyd Fulford Funk Gibbons Greene Hale Harrell Harris Henderson House Houston Johnson of Elbert Johnson of Warren Jones of Lumpkin Jones of Muscogee Jordan of Floyd Keadle Killian
Kirkland Lambert Lane Lee of Clinch Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Colquitt McClelland McGarity McKemie Melton Milhollin Mitchell Mixon Moore Morgan of Gwinnett Morgan of Newton Newton of Jenkins Newton of Colquitt
Odom Overby Paris Parker Partridge Perry of Evans Peterson Pope Poss Rainey Reaves Richardson
1993
Roberts Rodgers Roper Rowland Rutland Sangster Scarborough Sewell Shea Shuman Simmons Sinclair Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Story Tucker of Catoosa Tucker of Burke Twitty Vaughn Waldrop Walker Ware Wells of Peach Wells of Oconee Wilkes Williams of Coffee Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Bedgood Blalock of Coweta Blalock of Clayton Bowen of Toombs
Branch Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Carr Chandler Clark of Catoosa Conger Conner
Crummey Dicus Duncan of Fannin Fleming Flynt Fowler of Douglas Fowler of Treutlen Griffin Groover Hall Harrington Herndon Hill Horton Hull Hurst
Isenberg Jones of Liberty Jones of Worth Jordan of Calhoun
Kelly Keyton King Knight of Laurens Knight of Berrien
Laite Lee of Clayton
Logan Mackay Matthews of Clarke
McCracken McDonald
1994
JOURNAL OF THE HOUSE,
Meeks Milford Moate Mullis Murphy Nessmith Pafford Payton Perry of Marion Phillips Pickard Ponsell Poole
Raulerson Rhodes Russell Shaw Simpson Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Stuckey Tabb Teague Todd
Towson Underwood of
Montgomery Underwood of Taylor Warren Watson Watts Wells of Camden White Woodward Mr. Speaker
On the motion to agree, the ayes were 121, nays 0. The House has agreed to the Senate amendment to HB 562.
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 71. By Senator Gillis of the 20th:
A Bill to be entitled an Act to amend Code Section 13-904, relating to applications for bank charters, so as to change the fee paid by applicants; and for other purposes.
Mr. Bowen of Randolph moved that SB 71 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 Acree Andersen Ballard Baughman Blair Bowen of Randolph Bowen of Dawson Brackin Brooks of Oglethorpe
Brown Bynum Causby Clark of Catoosa Coker of Cherokee Coker of Turner Dorminy Floyd Greene Hale
Harris Houston Johnson of Elbert Johnson of Warren Jordan of Floyd Leonard Lindsey Lowrey Matthews of Colquitt McKemie
FRIDAY, MARCH 15, 1963
Meeks Milford Milhollin Morgan of Newton Murphy Paris Peterson
Poss Rainey Scarborough Sewell Shuman Singer Smith of Habersham
1995
Snow Tucker of Catoosa Tucker of Burke Waldrop Williams of Coffee Wilson of Brantley Wilson of Cobb
Those voting in the negative were Messrs.:
Andrews Arnsdorff Bagby Barber Bell Bolton Busbee Byrd Chance Clarke of Monroe Conner Davis Dean of Polk Deen of Bacon DeVane Duncan of Carroll Etheridge Flournoy Gibbons Harrell Henderson Hill
House Jones of Worth Jones of Lumpkin Jordan of Calhoun Keadle Killian Kirkland Lambert Lane Lee of Clayton Lee of Dougherty Lewis Lokey Matthews of Clarke McClelland McGarity Mitchell Moore Newton of Jenkins Newton of Colquitt Overby Parker
Pope Reaves Richardson Rowland Rutland Sangster Shea Simmons Sinclair Smith of Whitfield Spikes Steis Story Twitty Underwood of
Montgomery Vaughn Walker Ware Wells of Peach Wilkes Williams of Hall
Those not voting were Messrs.:
Alien Bedgood Black Blalock of Coweta Blalock of Clayton Bowen of Toombs Branch Brantley Brooks of Fulton Caldwell Carr Chandler Conger Crummey Cullens Dicus Dixon
Duncan of Fannin Echols Fleming Flynt Fowler of Douglah Fowler of Treutlen Fulford Funk Griffin Groover Hall Harrington Herndon Horton Hull Hurst Isenberg
Jones of Liberty Jones of Muscogee Kelly Keyton King Knight of Laurens Knight of Berriens Laite Lee of Clinch Logan Mackay McCracken McDonald Melton Mixon Moate Morgan of Gwinnett
1996
JOURNAL OF THE HOUSE,
Mullis Nessmith Odom Pafford Partridge Payton Perry of Marion Perry of Evans Phillips Pickard Ponsell Poole Raulerson
Rhodes Roberts Rodgers Roper Russell Shaw Simpson Smith of Forsyth Smith of Telfair Smith of Emanuel Stalnaker Stuckey Tabb
Teague Todd Towson Underwood of Taylor Warren Watson Watts Wells of Oconee Wells of Camden White Woodward Mr. Speaker
On the motion to table, the ayes were 51, nays 65.
The motion was lost.
Mr. Wilkes of Cook asked unanimous consent that SB 71 be recommitted to the Committee on Banks and Banking.
The consent was granted and SB 71 was recommitted to the Committee on Banks and Banking.
SB 146. By Senator Coggin of the 25th:
A Bill to be entitled an Act to amend Sec. 68-213 of the Code of Georgia, so as to provide for the registration of manufacturers and dealers of motor vehicles; and for other purposes.
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 Acree Anderson Andrews Arnsdorff
Bagby Ballard Barber Bedgood Bell
Black Blalock of Clayton Bowen of Randolph Bowen of Dawson Brackin
FRIDAY, MARCH 15, 1963
Brown Busbee Bynum Byrd Caldwell
Causby Clark of Catoosa Clarke of Monroe Coker of Cherokee Conner Cullens Davis Been of Bacon DeVane
Dixon Dorminy Echols Etheridge Flournoy
Floyd Fulford Funk Gibbons Greene Harrell Harris Henderson House Houston Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Jordan of Calhoun
Keadle Killian Kirkland Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McGarity McKemie Melton Milford Milhollin Mitehell Mixon Moore Morgan of Gwinnett Morgan of Newton. Newton of Jenkins Newton of Colquitt
Odom Overby Parker Partridge Perry of Marion Perry of Evans
1997
Peterson Pope Poss Rainey Reaves Richardson Roberts Rodgers Rowland Rutland Scarborough Shea Shuman Simmons Sinclair Smith of Habersham Smith of Whitfield Spikes Stalnaker Steis Story Tucker of Catoosa Twitty Vaughn Waldrop Walker Ware Wells of Peach Wells of Oconee Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb
Voting in the negative was Mr. Matthews of Colquitt.
Those not voting were Messrs.:
Alien Baughman
Blair Blalock of Coweta
Bolton Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton
Carr, Chance Chandler
Coker of Turner Conger Crummey Dean of Polk Dicus Duncan of Fannin Duncan of Carroll
Fleming Flynt Fowler of Douglas Fowler of Treutlen
Griffin Groover
Hale Hall Harrington Herndon Hill Horton Hull Hurst Isenberg Jones of Liberty Jones of Worth Jones of Muscogee
Kelly
1998
JOURNAL OP THE HOUSE,
Keyton King Knight of Laurens Knight of Berrien Logan Mackay McCracken McDonald Meeks Moate Mullis Murphy Nessmith Pafford Paris Payton Phillips
Pickard Ponsell Poole Raulerson Rhodes Roper Russell Sangster Sewell Shaw Simpson Singer Smith of Forsyth Smith of Telfair Smith of Emanuel Snow Stuckey
Tabb Teague Todd Towson Tucker of Burke Underwood of
Montgomery Underwood of Taylor Warren Watson Watts Wells of Camden White Williams of Coffee Woodward Mr. Speaker
On the passage of the Bill, the ayes were 116, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 116. By Senator Carlton of the 21st:
A Bill to be entitled an Act to repeal Code Section 60-512, relating to the transfer of registered real estate between husband and wife; and for other purposes.
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 Acree Anderson Andrews Arnsdorff Bagby Barber Bedgood Black Blair
Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Brown Busbee Byrd Caldwell Causby
Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Conner Davis Dean of Polk Deen of Bacon DeVane Dorminy
FRIDAY, MARCH 15, 1963
Echols Etheridge Fulford Funk Gibbons Groover Hale Harrell Harrington Harris Henderson House Houston Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Laite Lambert Lane Lee of Clinch Lee of Clayton Lee of Dougherty
Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McGarity McKemie Meeks Melton Milford Milhollin Mixon Moore Morgan of Gwinnett Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Peterson Pope Poss Rainey
1999
Reaves Richardson Roberts Rodgers Rowland Rutland Scarborough Sewell Shea Shuman Simmons Sinclair Smith of Habersham Snow Spikes Stalnaker Steis Story Twitty Vaughn Walker Ware Wells of Oconee Wilkes Williams of Hall Wilson of Brantley
Those voting in the negative were Messrs.:
Ballard
Morgan of Newton
Murphy
Those not voting were Messrs.:
Alien Baughman Bell Blalock of Coweta Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Bynum Carr Chance Clark of Catoosa Conger Crummey Cullens Dicus Dixon Duncan of Fannin
Duncan of Carroll Fleming Flournoy Floyd Flynt Fowler of Douglas Fowler of Treutlen Greene Griffin Hall Herndon Hill Horton Hull Hurst Isenberg Jones of Liberty Jones of Worth Jones of Muscogee
Kelly Keyton King Knight of Laurens Knight of Berrien Logan Mackay Matthews of Colquitt McCracken McDonald Mitchell Moate Mullis Nessmith Pafford Pay ton Perry of Marion Perry of Evans Phillips
2000
JOURNAL OF THE HOUSE,
Pickard Ponsell Poole
Raulerson Rhodes Roper Russell Sangster Shaw Simpson Singer
Smith of Forsyth
Smith of Telfair Smith of Emanuel Smith of Whitfield
Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Underwood of
Montgomery
Underwood of Taylor Waldrop Warren
Watson Watts Wells of Peach Wells of Camden White Williams of Coffee Wilson of Cobb Woodward
Mr. Speaker
On the passage of the Bill, the ayes were 110, nays 3.
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 the report of the Committee of Conference on the following Bill of the House to-wit:
HB 247. By Messrs. Paris of Barrow, Knight of Berrien:
A Bill to provide that an insurer who settles a claim or suit on behalf of an insured shall do so in the capacity of an independent contractor; to provide that such settlement shall not affect the rights of an insured against a third party; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 397. By Mr. Killian of Glynn: 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; and for other purposes.
The following Senate substitute was read: A BILL
To be entitled an Act to amend an Act comprehensively revising,
FRIDAY, MARCH 15, 1963
2001
superseding and consolidating the laws relating to the Game and Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved March 6, 1962 (Ga, Laws 1962, p. 671), so as to provide the procedure for condemning property used in the hunting of deer at night; to provide a procedure in connection therewith, the service thereof, the disposition thereof, the intervention therein; and to provide for the disposition of the proceeds of any sale thereunder; to provide an additional and sup plemental definition of "hunting"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act comprehensively revising, superseding and con solidating the laws relating to the Game and Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 671), is hereby amended by striking Subsections (b) and (c) from Section 67 and substituting in lieu thereof the following:
"(b) Each vehicle, boat, animal or firearm used in the hunt ing of deer at night is hereby declared to be contraband and for feited to the State and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the Director or his duly authorized agent within ten (10) days of the seizure. The term 'hunting' as used in this Section in reference to a vehicle or boat shall include the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part there of, of a deer which has been unlawfully killed at night.
"(c) The Director, within twenty (20) days after the seizure of any vehicle, boat, animal or firearm used in the hunting of deer at night, shall institute proceedings by petition in the Superior Court of any county where the seizure was made against the prop erty so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two (2) consecutive weeks in the newspaper in which Sheriff's ad vertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such property was so used and that such use was with the consent, express or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied;
2002
JOURNAL OF THE HOUSE,
"(1) To the payment of proper costs and expenses including expenses incurred in the seizure;
"(2) To the payment of the cost of the court and its officers;
"(3) To the payment of any cost incurred in the storage, advertisement, maintenance or care of such property; and
"(4) The remainder shall be paid into the State Treasury for deposit in the Game Protection Fund."
"(d) Where the owner or lessee of any property seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceeding cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee.
"(e) All proceedings against any vehicle, boat animal or fire arm, for the purpose of condemnation, shall be proceedings in rem against the property and the property shall be described only in general terms. It shall be no ground for defense that the person who had the property in possession at the time of its use and seizure has not been convicted or acquitted of any criminal proceeding resulting from or arising out of such use. If it is the intent and pur pose of the procedure provided by this Act to provide a civil remedy for the condemnation and sale of property used in violation of the provisions of this Act in the hunting of deer at night notwithstand ing the conviction or acquittal of the person having possession or custody of the property at the time of its seizure. The conviction or acquittal of any suhc person shall not be admissible as evidence in any proceeding hereunder.
"(f) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance or consent, expressed or implied, by such owner, lessee or lienholder. The holder of any bona fide lien on the property shall be protected to the full extent of his lien, provided however, that nothing con tained herein shall be construed to obligate the Director beyond the proceeds of any such sale less the actual costs incurred by him.
"(g) The court to whom any such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the vehicle seized, the court to determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated by the general law applicable to such cases.
"(h) The court shall have full discretion and authority to permit a settlement between the parties at any stage of the pro ceeding by permitting the value of the vehicle to be paid into court or the value of the equity therein, as determined by the court, which money when so paid in, shall be distributed as provided by law in all cases of condemnation."
FRIDAY, MARCH 15, 1963
2003
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Killian of Glynn 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 :
Those voting in the affirmative were Messrs.:
Abney Acree Anderson Andrews Arnsdorff Bagby Barber Bell Black Blair Bolton Bowen of Randolph Bowen of Dawson Brackin Brown Busbee Byrd Caldwell Causby Chandler Clarke of Monroe Coker of Cherokee Coker of Turner Da vis Dean of Polk Deen of Bacon Dorminy Echols Etheridge Ployd Fulford Greene Hale Harrell Harrington Harris Henderson House
Houston Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Laite Lambert Lane Lee of Clinch Lee of Dougherty Leonard Lewis Lokey Lowrey Matthews of Clarke McClelland McKemie Meeks Melton Milford Milhollin Mitchell Mixon Morgan of Gwinnett Newton of Jenkins Newton of Colquitt
Odom Overby Paris Parker Partridge Perry of Marion Perry of Evans Peterson
Ponsell Pope Poss Rainey Reaves Richardson Roberts Rodgers Roper Rowland Rutland Scarborough Sewell Shea Shuman Simmons Simpson Sinclair Singer Smith of Emanuel Smith of Habersham Smith of Whitfield
Snow Spikes Stalnaker Steis Story Tucker of Burke Twitty Vaughn Waldrop Ware Wells of Peach Wells of Oconee Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
2004
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Clark of Catoosa
Lindsey
Tucker of Catoosa
Those not voting were Messrs.:
Alien Ballard Baughman Bedgood Blalock of Coweta
Blalock of Clayton Bowen of Toombs Branch Brantley Brooks of Oglethcrpe Brooks of Pulton Bynum Carr Chance Conger Conner Crummey Cullens
DeVane Dicus Dixon Duncan of Fannin Duncan of Carroll Fleming Flournoy Flynt Fowler of Douglas Fowler of Treutlen Funk Gibbons
Griffin Groover Hall Herndon Hill Horton Hull Hurst Isenberg Jones of Liberty Jones of Worth Jones of Muscogee Kelly Keyton King Knight of Laurens Knight of Berrien Lee of Clayton Logan Mackay Matthews of Colquitt McCracken McDonald McGarity Moate Moore Morgan of Newton Mullis Murphy Nessmith
Pafford Payton Phillips Pickard Poole
Raulerson Rhodes Russell Sangster Shaw Smith of Forsyth Smith of Telfair Stuckey
Tabb Teague Todd Towson Underwood of
Montgomery Underwood of Taylor Walker Warren Watson
Watts Wells of Caniden White Williams of Hall Woodward Mr. Speaker
On the motion to agree, the ayes were 114, nays 3.
The House has agreed to the Senate substitute to HB 397.
HB 594. By Mr. Smith of Grady: A Bill to be entitled an Act to create the Claims Advisory Board, to provide for the composition, powers, duties and authority of said Board; and for other purposes.
The following Senate amendment was read: The Senate Rules Committee moves to amend HB 594 as follows:
FRIDAY, MARCH 15, 1963
2005
By striking from Section 2 the following sentence, "A notice of claim shall only be filed by a member of the General Assembly or a member-elect of the General Assembly."
Mr. Wilkes of Cook moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 117, nays 3.
The House has agreed to the Senate amendment to HB 594.
HB 656. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Jackson, relating to the distribution of U. S. Department of Agriculture surplus commodities; and for other purposes.
The following substitute was read:
A BILL
To be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson; to prescribe the mode of their election; to fix their compensation and to define their powers and duties, and for other purposes." , approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, so as to provide that it shall be the duty of the Board of Commissioners of Roads and Rev enues for the County of Jackson, upon recommendation of a Jackson County Grand Jury, to provide for the distribution of United States Department of Agriculture surplus commodities in Jackson County; to provide that the Board of Commissioners of Roads and Revenues of said County shall have power and authority to provide the necessary facilities, assistance and expenses for the purpose of carrying out said duties; 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 create a board of county commissioners for the county of Jackson; to prescribe the mode of their election; to fix their compensation and to define their powers and duties; and for other purposes.", approved December 18, 1901 (Ga. Laws 1901, p. 257), as amended, is hereby amended by adding a new Section thereto to be known as Section 2A to read as follows:
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JOURNAL OF THE HOUSE,
"2A. It shall be the duty of the members of the Board of Commissioners of Eoads and Revenues for the County of Jackson, upon recommendation of a Jackson County Grand Jury, to provide, furnish facilities and necessary manpower for distribution of United States Department of Agriculture surplus commodities in Jackson County. The said Commissioners of Roads and Revenues are hereby empowered and authorized to, and they shall furnish the necessary facilities, assistance and expenses for distributing the United States Department of Agriculture surplus commodities in Jackson County to those who are eligible.
Such manpower that is already within the control of and/or is already employed by the Commissioners of Roads and Revenues may be used for the distribution of the surplus commodities so as not to incur additional and/or unnecessary expense to the County.
Such facilities as are under the control of the Commissioners of Roads and Revenues may also be used in the distribution of the surplus commodities so as not to incur additional and/or unneces sary expense to the County.
The Board of Commissioners of Roads and Revenues may, in its discretion, initiate such program without a recommendation from the Grand Jury, provided, however, that where such program is initiated by the Board, or on the recommendation of the Grand Jury, the Board shall not permanently discontinue such program without a recommendation by the Grand Jury that such program be terminated.
SECTION 2
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 107, nays 0.
The House has agreed to the Senate substitute to HB 656.
HB 653. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Jackson County, relating to the Commissioners salary; and for other purposes.
The following substitute was read: A BILL
To be entitled an Act To amend an Act creating the Board of
FRIDAY, MARCH 15, 1963
2007
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), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 3000), so as to change the method of compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1
An Act creating the Board of Commissioners of Roads and Rev enues 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 Feb ruary 2, 1945 (Ga. Laws 1945, p. 552), and an Act approved March 3, 1962 (Ga. Laws 1962, p. 3000), 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, 1963, the members of the board of com missioners 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 ten ($10.00) dollars per month for travel and other expenses.
"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 serv ices.
"Beginning April 1, 1963, the chairman shall be compensated an additional amount of $150.00 per month as salary for full-time service. Provided however before this increase shall be paid in any month the duties provided for in section 2A of this Act as amended shall have been performed.
"The salaries of the chairman and the members of the board of Commissioners of roads and revenues of Jackson County, Geor gia 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 com missioners 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 recommendation 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
2008
JOURNAL OP THE HOUSE,
shall turn over at the expiration of their term of office all records, books, papers and other property of the county to their succes sors in office."
SECTION 2
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 107, nays 0.
The House has agreed to the Senate substitute to HB 653.
HR 234-669. By Messrs. Mackay, Harris and Rutland of DeKalb:
A Resolution to create for the citizens of DeKalb County a Commission to study public safety; and for other purposes.
The following Senate amendment was read:
Senators Conway, Johnson and McWhorter move to amend HR 234-669 by inserting in Section 1. the following names:
"Cicero Johnston (Mayor) Alton Roberts, Jr. Clark Harrison, Jr. 0. E. Myers, Sr. John S. Thibadeau Gilbert C. McLemore Eugene T. Branch James B. Hiers, Jr. Arthur Bishop Mrs. Paul G. Mayer"
Mr. Harris of DeKalb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 108, nays 0.
The House has agreed to the Senate amendment to HR 234-669.
FRIDAY, MARCH 15, 1963
2009
HB 643. By Mr. Smith of Habersham:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Habersham County, so as to change the com pensation of the Board of Commissioners; and for other purposes.
The following Senate amendment was read:
Senator Miller of the 50th moves to amend HB 643 as follows:
By striking from Section 2, line six, the words "in the aggre gate".
Mr. Smith of Habersham moved that the House agree to the Senate amend ment.
On the motion to agree, the ayes were 107, nays 0.
The House has agreed to the Senate amendment to HB 643.
HB 646. By Messrs. Overby and Williams of Hall: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to adopt traffic ordinances or regulations to control traffic upon the streets; and for other purposes.
The following Senate amendment was read:
Senator Owens of 47th moves to amend HB 646, as follows:
By inserting between the third semi-colon and the words "to repeal" found in the title of said Bill, the following words, "to provide for certain exceptions to the provisions of this Act;".
By striking the period at the end of the first sentence of the quoted matter in Section 1 of said Bill and inserting in lieu thereof a semi-colon followed by the words: "provided, however, that no rail way or railroad lying within Hall County and passing through said county shall be affected by the provisions of this Section or by or dinances enacted pursuant to the authority granted to the Board of Commissioners of Roads and Revenues of Hall County by this Section."
Mr. Overby of Hall moved that the House agree to the Senate amendment.
2010
JOURNAL OP THE HOUSE,
On the motion to agree, the ayes were 107, nays 0.
The House has agreed to the Senate amendment to HB 646.
HB 265. By Messrs. Bell, Hull and Fleming of Richmond and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to trial of civil cases at return term; and for other purposes.
The following Senate amendment was read:
The Judiciary Committee moves to amend HB 265 by adding to the caption thereof immediately after the phrase "so as to provide that the notice required in said Section shall not apply to uncontested cases;" the following:
"so as to strike and repeal the provision that the notice required in Code Section 81-1003 of the Code of Georgia shall not be neces sary when the calendar is published in the official gazette of the county;"
so that when so amended the caption will read:
"A Bill to be entitled an Act to amend Code Section 81-1003 of the Code of Georgia, relating to trial of civil cases at return term; trial after appearance day by consent; divorce cases, as amended, so as to provide that the notice required in said Section shall not apply to uncontested cases; so as to strike and repeal the pro vision that the notice required in Code Section 81-1003 of the Code of Georgia shall not be necessary when the calendar is published in the official gazette of the county; to repeal conflicting laws; and for other purposes."
The Judiciary Committee moves to amend HB 265 by striking Sec tion 1 thereof in its entirety and by substituting in lieu thereof a new Section 1 as follows:
"Section 1. Code Section 81-1003 of the Code of Georgia, relating to trial of civil cases at return term; trial after ap pearance day by consent; divorce cases, as amended, is hereby amended by inserting in Subsection (b), relating to notice to parties, after the word "herein:" and before the word "Provided" the following words "Provided, that the notice required in this paragraph shall not apply to cases where no defensive pleadings have been filed:", and is further amended by striking from Sub section (b) of Code Section 81-1003 the phrase:
"Provided that where the calendar is published in the official
FRIDAY, MARCH 15, 1963
2011
gazette of the county at least 10 days before such hearing is to be held, the mailing of a copy of the calendar as hereinbefore required shall not be necessary."
so that when so amended Subsection (b) shall read as follows:
"(b) The judges of the several superior courts of this State may, on reasonable notice to the parties, at any time, either in term or vacation, and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment, any matter or issue, where a jury verdict is not required or has been duly waived: Provided that the mailing of a copy of the calendar, set ting forth the name of the case and the time and place of such hearing to the parties or their attorneys of record by the clerk of the court, at least 10 days before such hearing is to be held, and his certificate of notice given entered on the docket shall be construed to be reasonable notice as required herein: Provided, that the notice required in this paragraph shall not apply to cases where no defensive pleadings have been filed: Provided further, however, that nothing in this paragraph shall authorize the trial of any divorce case by consent or otherwise until after the ap pearance day of such case, as provided in paragraph (a) of this section."
Mr. Bell of Richmond 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 Acree Arnsdorff Bagby Barber Bell Black Blair Blalock of Clayton Bolton Bowen of Randolph Bowen of Dawson Brackin Brown Busbee Bynum Byrd Caldwell Causby Chance
Clarke of Monroe Coker of Cherokee Coker of Turner Davis Dean of Polk Deen of Bacon DeVane Echols Etheridge Fleming Flournoy Floyd Fulford Funk Gibbons Greene Griffin Harrell Harris Henderson
House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Laite Lambert Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey
2012
JOURNAL OF THE HOUSE,
Lowrey Matthews of Clarke McClelland McGarity McKemie Meeks Melton Milford Mixon Moore Morgan of Gwinnett Newton of Jenkins Newton of Colquitt Odom Overby Paris Parker Partridge Perry of Evans
Peterson Pope Poss Rainey Reaves Richardson Roberts Rodgers Roper Rowland Rutland Scarborough Sewell Shea Simmons Simp son Singer Smith of Forsyth Smith of Whitfield
Snow Spikes Stalnaker Steis Story Twitty Underwood of
Montgomery Vaughn Waldrop Walker Ware Wells of Peach Wells of Oconee Wilkes Williams of Hall Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Alien Anderson Andrews Ballard Baughman Bedgood Blalock of Coweta Bowen of Toombs Branch Brantley Brooks of Oglethorpe Brooks of Fulton Carr Chandler Clark of Catoosa Conger Conner Crummey Cullens Dicus Dixon Dorminy Duncan of Fannin Duncan of Carroll Flynt Fowler of Douglas Fowler of Treutlen Groover Hale Hall
Harrington Herndon Hill Horton Hull Hurst Jones of Liberty Jones of Worth Jones of Muscogee Kelly Keyton King Knight of Laurens Knight of Berrien Lane Logan Mackay Matthews of Colquitt McCracken McDonald Milhollin Mitchell Moate Morgan of Newton Mullis Murphy Nessmith Pafford Payton Perry of Marion
Phillips Pickard Ponsell Poole Raulerson Rhodes Russell Sangster Shaw Shuman Sinclair Smith of Telfair Smith of Emanuel Smith of Habersham Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Warren Watson Watts Wells of Camden White Williams of Coffee Woodward Mr. Speaker
On the motion to agree, the ayes were 115, nays 0.
FRIDAY, MARCH 15, 1963
2013
The House has agreed to the Senate amendment to HB 265.
HB 302. By Messrs. Keyton and Russell of Thomas: A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to provide for a change in the pro cedure and practice in garnishments; and for other purposes.
The following Senate amendment was read:
Senator Pelham of the 10th moves to amend HB 302 as follows:
By striking "said Act is further amended by adding two (2) new sections between Sections 19 and 20 to be known as Section 19 (a) and Section 19 (b), respectively, and to read as follows:", and in serting in lieu thereof, "Said Act is further amended by adding one (1) new section between Sections 19 and 20 to be known as Section 19 (a) to read as follows:"
Mr. Mitchell of Twitty moved that the House disagree to the Senate amend ment.
The motion prevailed and the House has disagreed to the Senate amendment to HB 302.
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.
SB 130. By Senator Puqua of the 22nd:
A Bill to be entitled an Act to amend an Act entitled "An Act authoriz ing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
2014
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Abney Anderson Andrews Arnsdorff Bagby Barber Bedgood Black Blair Blalock of Clayton Bolton Bowen of Randolph Brackin Brown Busbee Bynum Byrd Caldwell Chance Chandler Coker of Turner Conner Da vis Dean of Polk Deen of Bacon DeVane Dorminy Echols Etheridge Flournoy Floyd Fulford Funk Gibbons Greene Groover Hall Harrell
Harris Henderson Horton House Houston Isenberg Johnson of Elbert Johnson of Warren Jones of Worth Jones of Lumpkin Jordan of Floyd Jordan of Calhoun Keadle Killian Kirkland Laite Lane Lee of Clinch Lee of Clayton Lee of Dougherty Leonard Lewis Lindsey Lokey Lowrey Matthews of Clarke McClelland McGarity McKemie Meeks Melton Milford Milhollin Mitchell Mixon Moore Morgan of Gwinnett Newton of Jenkins
Odom Paris Parker Partridge Perry of Evans Peterson Pope Poss Richardson Roberts Rodgers Rowland Rutland Scarborough Sewell Shea Simmons Simpson Singer Smith of Habersham Smith of Whitfield Snow Spikes Stalnaker Steis Twitty Underwood of
Montgomery Waldrop Walker Ware Wells of Peach Wells of Oconee Wells of Camden Wilkes Williams of Coffee Wilson of Brantley Wilson of Cobb
Those not voting were Messrs.:
Acree Alien Ballard Baughman Bell Blalock of Coweta Bowen of Dawson Bowen of Toombs Branch Brantley Brooks of Oglethorpe
Brooks of Fulton Carr Causby Clark of Catoosa Clarke of Monroe Coker of Cherokee Conger Crummey Cullens Dicus Dixon
Duncan of Fannin Duncan of Carroll Fleming Flynt Fowler of Douglas Fowler of Treutlen Griffin Hale Harrington Herndon Hill
FRIDAY, MARCH 15, 1963
Hull Hurst Jones of Liberty Jones of Muscogee Kelly Keyton King Knight of Laurens Knight of Berrien Lambert Logan Mackay Matthews of Colquitt McCracken McDonald Moate Morgan of Newton Mullis Murphy Nessmith
Newton of Colquitt Overby Pafford Payton Perry of Marion Phillips Pickard Ponsell Poole Rainey Raulerson Reaves Rhodes Roper Russell Sangster Shaw Shuman Sinclair Smith of Forsyth
2015
Smith of Telfair Smith of Emanuel Story Stuckey Tabb Teague Todd Towson Tucker of Catoosa Tucker of Burke Underwood of Taylor Vaughn Warren Watson Watts White Williams of Hall Woodward Mr. Speaker
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
HR 224. By Mr. Rutland of DeKalb:
A RESOLUTION
Providing for a study of the Uniform Vehicle Code; and for other purposes.
WHEREAS, the Uniform Vehicle Code was promulgated for the purpose of assisting the States in their traffic problems and with a view towards making uniform the traffic laws of the various States; and
WHEREAS, the General Assembly of Georgia in 1953 enacted a portion of such Code and since that time various other portions and separate Acts have been enacted but no study has been made to deter mine the exact status of the Georgia Law in relation to such Code; and
WHEREAS, such a study would prove of invaluable assistance to the members of the General Assembly in their consideration of various Bills relating to traffic and motor vehicles.
2016
JOURNAL OF THE HOUSE,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Office of Legislative Counsel is hereby authorized and directed to make a comparative study of the Uniform Vehicle Code with the Georgia Statutes and submit a report of such study to the members of the General Assembly prior to the convening of the 1964 session.
HR 208. By Mr. Towson of Laurens:
A RESOLUTION
Creating a Committee to study problems connected with the disposi tion of unclaimed property; and for other purposes.
WHEREAS, Georgia is lacking in proper statutes relative to the problem of disposition of unclaimed property; and
WHEREAS, a Bill (HB 6), known as the "Disposition of Unclaimed Property Act", has been introduced at this session of the General As sembly, but it is felt that in view of the magnitude of the subject that through study should be given to any such proposal prior to its passage;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created a committee to study problems relating to disposition of unclaimed property, including a study of HB 6 and related problems, so that a more intelligent and knowledgeable appraisal of the subject may be made by all members of the General Assembly after receiving information from the com mittee. The committee shall be composed of the Chairman of the House Ways and Means Committee and two other members of said committee to be appointed by the Speaker. Each member shall receive the com pensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees for not to exceed fifteen days for each member. The Office of Legislative Counsel shall assist the committee in its study and the committee shall be authorized to call upon representatives of the State Revenue Department and the Attorney General's Office for assistance. The committee shall make a report of its findings and recommendations on or before December 1, 1963, on which date the committee shall stand abolished. Funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government.
HR 223. By Mr. Walker of Lowndes:
A RESOLUTION
Creating the House Facilities Committee; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the House Facilities Committee to be com-
FRIDAY, MARCH 15, 1963
2017
posed of the Speaker, the Clerk of the House, and two members of the House to be appointed by the Speaker. The Committee shall study the sound system of the House, the physical arrangement of the desks and seats in the House, and all other facilities connected with the House of Representatives with a view towards providing improvements for the benefit of all members of the House. The Committee is hereby authorized to make whatever changes deemed desirable, and is hereby authorized to enter into any contracts relative to any renovating, repair, or con struction of any facilities, and the purchase of any equipment relative thereto. The Secretary of State is hereby authorized and directed, as Keeper of the Building and Grounds, to work with the Committee and in the event it is deemed necessary, to enter into any agreements and sign any contracts relative to the purposes of this Resolution. The mem bers of the Committee shall receive the compensation, per diem, ex penses and allowances authorized for legislative members of interim legislative committees.
HR 264. By Messrs. Murphy of Haralson; Roberts of Jones; Keyton of Thomas; Greene of Bartow; Chance of Twiggs; Williams of Coffee; and many, many others:
A RESOLUTION
Creating an interim study committee; and for other purposes.
WHEREAS, at the present Session of the General Assembly a new Health Code has been introduced, the consideration of which will carry over to the 1964 Session of the General Assembly; and
WHEREAS, there are many other areas relative to public health which should be considered.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that there is hereby created an interim study committee to be composed of the standing committee of the House on Hygiene and Sanitation. The Committee shall be authorized to study the new Health Code, the problem of water pollution, and the cost of patient care in State institutions. The committee shall also be authorized to investigate and inquire into any other matter related to the public health of the State of Georgia.
The Committee shall make such studies as they shall deem advisable and shall report their recommendations and findings back to the 1964 Session of the General Assembly. The members shall receive the com pensation, per diem, expenses and allowances authorized for legislative members of interim committees, not in excess of 45 days for each mem ber. 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 government.
2018
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
The Special Judiciary Committee moves to amend HR 264, as follows:
By striking in its entirety the next to the last paragraph and substituting in lieu thereof the following:
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created an in terim study committee to be composed of five members to be appointed by the Speaker from the standing committee of the House Committee on Hygiene and Sanitation. The Committee shall be authorized to study the new Health Code and the problem of water pollution."
By striking the word and figure "45 days" as it appears in the last paragraph thereof and substituting in lieu thereof the word and figure "10 days".
The Resolution, as amended, was adopted.
HR 265. By Messrs. Poole of Pickens and Teague of Cobb:
A RESOLUTION
Creating an interim committee to study the feasibility and ad visability of placing the General Oglethorpe Monument in Pickens County, Georgia under the care and jurisdiction of the Georgia His torical Commission; and for other purposes.
WHEREAS, the charter of the Colony of Georgia was granted June 9, 1732, by George II, King of Great Britain, to James Edward Ogle thorpe and a Board of 21 Trustees, who established the Colony in 1733; and
WHEREAS, since the establishment of the Colony of Georgia and during the years that Georgia was a Colony and a Royal Province and since it has achieved the status of statehood all of its citizens have respected and honored the name of James Edward Oglethorpe; and
WHEREAS, there is a monument in honor of General Oglethorpe located on Mount Oglethorpe in Pickens County, Georgia; and
WHEREAS, due to deterioration by the elements and due to the lack of perpetual upkeep, the monument is in bad need of repair and there is a great need for work and restoration to the landscape around said monument; and
FRIDAY, MARCH 15, 1963
2019
WHEREAS, one of the most beautiful scenic views in Georgia is atop Mount Oglethorpe.
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 (5) members of the House of Representatives to be appointed by the Speaker. The Committee shall have the power and authority to meet, evaluate, study and investigate the feasibility and advisability of placing the James Edward Oglethorpe Monument located on Mount Oglethorpe in Pickens County, Georgia under the care and jurisdiction of the Georgia Historical Commission. The Committee shall have the further power and authority to make a report of its findings to the 1964 Session of the General Assembly. The Committee shall have the further power and authority to make recommendations to the fiscal authorities of the State of Georgia for an increase of funds appropriated to the Georgia Historical Commis sion as the same may be necessary because of the report of the Com mittee herein authorized. The Committee shall have such other powers and duties as are necessary to adequately carry out the provisions of this Resolution.
BE IT FURTHER RESOLVED that the Committee created by this Resolution shall have five (5) days per member for carrying out the intents and purposes of this Resolution, and the members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes, powers and authority of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government.
BE IT FURTHER RESOLVED that the Committee shall make a report of its investigation, recommendations and studies as set forth in this Resolution to the 1964 Session of the General Assembly of Georgia on or before January 13, 1964, and said Committee shall stand abolished as of that date.
The following amendment was read and adopted:
The Special Judiciary Committee moves to amend HR 265, as fol lows:
By striking in their entirety the resolving clauses of said Resolution and substituting in lieu thereof the following:
"NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Secretary of State in con junction with the Representative from Pickens County is hereby re quested to evaluate, study, and investigate the feasibility and advisability of placing the James Edward Oglethorpe Monument located on Mount Oglethorpe in Pickens County, Georgia under the care and jurisdiction of the Georgia Historical Commission. The Secretary of State is requested to report his findings and recom mendations to the 1964 Session of the General Assembly. No com-
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pensation, per diem, nor expense whatsoever shall be allowed for such study."
The Resolution, as amended, was adopted.
HR 274. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Relative to personnel and committees; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that after final adjournment of the 1963 regular session of the General Assembly the following provisions shall become effective:
(1) The members of the Auditing, Enrolling, Engrossing and Journals Committee are authorized to remain at the Capitol five days after adjournment for the purpose of checking Bills and Resolutions, auditing expenses, and transacting whatever other matters are necessary. Each member shall receive the compensa tion, per diem, expenses and allowances authorized for legislative members of interim legislative committees.
(2) The Speaker of the House and such personnel as he deems necessary, are authorized to remain at the Capitol ten days after adjournment for the purpose of completing the work and records in the Speaker's office. Such personnel shall receive the same com pensation as received during the regular session.
(3) After such ten day period, the Speaker is authorized to keep his office open during the interim for the transaction of the business of the House and for the convenience of the members of the General Assembly, and employ such personnel as he shall require, for such periods as he deems necessary, and fix the compensation for such personnel. For each day spent on official business during the interim, the Speaker shall receive the compensation, per diem, expenses and allowances authorized for legislative members of in terim legislative committees.
(4) The Clerk of the House and such personnel as he deems necessary, are authorized to remain at the Capitol thirty days after adjournment for the purpose of completing the work and records in the Clerk's office. Such personnel shall receive the same com pensation as received during the regular session.
(5) After such thirty day period, the Clerk is authorized to keep his office open during the interim for the transaction of busi ness and for the convenience of the members of the House, the com pensation 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 Clerk is authorized to open his office one week prior to the convening of the next regular session and employ such personnel as he deems necessary, which personnel
FRIDAY, MARCH 15, 1963
2021
shall be paid the same as such personnel received during the regular 1963 session.
(6) The Administration Floor Leader of the House shall be furnished office space during the interim. For each day spent on official business during the interim, the Floor Leader shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees.
(7) The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study com mittees and for the purpose of performing such duties as the Speak er shall deem necessary- Such committees are authorized to serve during the interim and the members thereof shall receive the com pensation, per diem, expenses and allowances authorized for legisla tive members of interim legislative committees. The Speaker shall designate the Chairman of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any com mittee, whether the committee is created by resolution or by the Speaker.
(8) At the direction of the Speaker, the office of any official of the House may be opened one week prior to the regular session of 1964, and personnel for any such office may be employed and such personnel shall receive the same compensation as received dur ing the regular session of 1963.
(9) The funds necessary for this Resolution shall come from the funds appropriated to or available to the legislative branch of the government, and the State Treasurer is hereby authorized and directed to make the payments provided for hereunder, subject to the provisions hereof.
HR 275. By Mr. Underwood of Taylor:
A RESOLUTION
Commending the Butler High School girls "Bears" basketball team and Coach Norman Carter; and for other purposes.
WHEREAS, the Butler High School girls "Bears" basketball team will compete with the Dexter High School girls basketball team for the State Class C High School Basketball Championship in the final game of the tournament at the Municipal Auditorium in Columbus, Georgia on March 15, 1963; and
WHEREAS, the Butler High School girls "Bears" basketball team was ably coached by Honorable Norman Carter; and
WHEREAS, Coach Carter had the complete cooperation of the County School Superintendent, the Principal of the Butler High School,
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the faculty of the Butler High School, the students of Butler High School and the parents of said students; and
WHEREAS, the Class C State Tournament is an outstanding and popular sports event; and
WHEREAS, the Butler High School girls "Bears" basketball team by their outstanding ability, fine coaching, team cooperation and excel lent sportsmanship have won the honor of being one of the two par ticipants to earn the title as the 1963 Class C champions of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to Honorable Norman Carter and the Butler High School girls "Bears" basketball team their sincerest congratulations.
BE IT FURTHER RESOLVED that the Superintendent of the Taylor County Schools, the Principal of the Butler High School, the faculty of the Butler High School, the students of Butler High School and the parents of said students are hereby for their cooperation given to the athletic program and physical education program at the Butler High School.
BE IT FURTHER RESOLVED that as a token of their esteem, the House of Representatives does hereby bestow its commendation upon the Butler High School girls "Bears" basketball team and Honorable Norman Carter.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to furnish appropriate copies of this Resolution with the seal of the House of Representatives affixed thereto to Honorable Ralph Underwood, Representative from Taylor County, in sufficient number to be personally presented to the persons named in this Resolution.
HR 276. By Mr. Steis of Harris:
A RESOLUTION
Congratulating and extending best wishes to The American Legion on its 44th Anniversary; and for other purposes.
WHEREAS, The American Legion, a Congressional chartered vet erans organization, is composed of members and ex-members of the Armed Forces of the United States of America who have associated themselves together for the following purposes:
To uphold and defend The Constitution of the United States of America; To maintain law and order;
FRIDAY, MARCH 15, 1963
2023
To foster and perpetuate A one hundred per cent Americanism; To preserve the memories and incidents of our associations in the Great Wars; To inculcate a sense of individual obligation To the Community, State and Nation; To combat the Autocracy of both the classes and the masses; To make right the Master of might; To promote peace and good will on earth; to safeguard and transmit to posterity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.; and
WHEREAS, the officials of The American Legion have at all times been cooperative with the officials of the United States Government and the officials of the Government of the State of Georgia; and
WHEREAS, legislation advocated and endorsed by The American Legion has always been based on need and disability of veterans; and
WHEREAS, The American Legion should be commended for its many accomplishments and on the anniversary of their 44th birthday.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA composed of the Senate and House of Representatives, in Session assembled, that The American Legion is hereby sincerely congratulated and extended the best and most gracious good wishes of the Legislative Branch of Government of the State of Georgia on the anniversary of their 44th birthday.
BE IT FURTHER RESOLVED that The American Legion is hereby urged and requested to continue its efforts for the benefit of the many veterans of the State of Georgia in the United States.
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 with the seal of the General Assembly affixed thereto to Honorable James E. Powers, National Commander of The American Legion and to Honorable W. D. Harrell, Department Commander of the State of Georgia of The American Legion.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives and the Secretary of the Senate are hereby authorized and directed to place a copy of this Resolution in the Journal of each branch of the General Assembly.
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HR 277. By Messrs. Smith of Grady and Bolton of Spalding:
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 through the courtesy of Wilby-Kincey Theatres and Mr. Willis J. Davis; and
WHEREAS, it is always a pleasure to attend a movie at the aforesaid 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.
HR 278. By Messrs. Groover, House and Laite of Bibb:
A RESOLUTION
Expressing appreciation to the Macon Telegraph and Macon News; and for other purposes.
WHEREAS, copies of the Macon Telegraph and Macon News have been provided to the members of the House during this Session of the General Assembly, as well as during past Sessions of the General Assembly; and
WHEREAS, this gesture on the part of these newspapers is deeply appreciated by the members of this Body and this service has been very helpful in keeping these members informed as to current news events of this period of time.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body hereby expresses its sincerest appreciation to the publishers and editors of the Macon Telegraph and Macon News for their consideration in furnishing the members of this Body with copies of these papers.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the afore said persons.
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2025
HR 279. By Messrs. Smith of Grady and Bolton of Spalding:
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 contributed 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 thoughfulness, 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 280. By Messrs. Matthews of Clarke, Bell of Richmond, Sangster of Dooly:
A RESOLUTION
Relating to Federal expenditures for medical purposes, the Medical College of Georgia, Emory Medical College, and other medical facilities located in Georgia.
WHEREAS, The Federal Government makes various grants to medical services and facilities in Georgia affecting all the citizens of Georgia; and
WHEREAS, there are located in Georgia the Medical College of Georgia, the Emory Medical College, and several other medical facilities; and
WHEREAS, the consideration of the needs of all the people of Georgia is important as these and all Federal funds are used to meet various needs of the people of Georgia; and
WHEREAS, the Medical College of Georgia is considered the
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finest practicing physicians' and surgeons' medical college in the South; and
WHEREAS, many of the people in Georgia use the facilities of the Medical College of Georgia as well as other facilities in the State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Board of Health and all other officials, State and Federal, who allocate Federal funds to the various health needs give equal consideration to the Medical College of Georgia, the Emory Medical College, and other medical facilities as they dis tribute Federal funds to meet the various health needs of the people of Georgia.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the State Board of Health, the Director of the State Department of Health, the Board of Regents, the two United States Senators from Georgia, and to each of the ten Congressmen representing the State of Georgia.
HR 281. By Messrs. Smith of Grady, and Bolton of Spalding:
A RESOLUTION
Expressing appreciation to Honorable Jack B. Ray, Honorable James E. Young, and Honorable George B. Hamilton; and for other purposes.
WHEREAS, Honorable Jack B. Ray, State Treasurer, Honorable James E. Young, 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 James E. Young, 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.
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2027
HR 282. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Requesting certain information from the Office of Legislative Counsel; and for other purposes.
WHEREAS, proposed amendments to the Constitution, relating to a change in the terms of office of the members of the General As sembly; and
WHEREAS, such proposals need to be studied in order that in formation relative thereto may be presented to the members of the Senate and House; and
WHEREAS, measures calling for the appointment of members of the Senate and the House to commissions, committees, boards, and other agencies have come before both branches of the General Assembly at this Session and have caused some concern to members of both Bodies; and
WHEREAS, procedures relative to the appointment of members of the General Assembly to commissions, committees, boards, and other agencies need to be studied.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Office of Legislative Counsel be re quested to study the aforesaid subjects, and specifically to correspond and communicate with other states in order to determine how such problems are handled by other states having a bicameral system of State Government.
BE IT FURTHER RESOLVED that the Office of Legislative Counsel shall furnish to the membership of the House of Represent atives a copy of these studies and findings at the 1964 Session of the Georgia General Assembly.
HR 283. By Messrs. Towson and Knight of Laurens:
A RESOLUTION
Commending the Dexter High School Girls Basketball Team; and for other purposes.
WHEREAS, the Dexter High School Girls Basketball Team con cluded another successful basketball season in the long and distinguished history of the school, having won sixty-two (62) straight basketball games; and
WHEREAS, the most notable factor contributing to this outstand-
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ing record has been the display of superior teamwork on the part of all the members of the team which is evidenced by their outstanding record; and
WHEREAS, the Dexter High School Girls Basketball Team is the defending State champions and again defending their title in the tradition that the Dexter High School Girls Team has done in the past by hard work and sportsmanship, by qualifying for this year's State finals; and
WHEREAS, this team has established a reputation for fighting down to the last minute never admitting defeat or accepting victory until the last whistle has blown; and
WHEREAS, this team has cast honor upon their community and the State of Georgia, both in the quality of their play and in the sportsmanship they have exhibited while on the basketball court;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of the Dexter High School Girls Basketball Team be commended for their outstanding rec ord of achievement and sincerest congratulations are hereby conferred upon all of the members of the team, for the name they have made for themselves, their community and the State of Georgia.
HR 284. By Messrs. McGarity of Henry, Woodward of Butts, Keadle of Lamar, Clarke of Monroe and others:
A RESOLUTION
Extending congratulations to the Henry County Board of Educa tion; Honorable C. A. Waits, Superintendent of Henry County Public Schools; Honorable H. F. Baker, Principal of Henry County High School; Honorable James W. Baker, Coach of the Henry County High School Girls Basketball Team; and to the members of the Henry County High School Girls Basketball Team and others; and for other purposes.
WHEREAS, the Henry County Board of Education has recognized the importance of a sound physical education and physical fitness pro gram for the Henry County School system; and
WHEREAS, physical education and physical fitness strengthen the moral fiber of our youth and contribute immeasurably to the develop ment of sound minds and bodies; and
WHEREAS, James W. Baker has served as teacher-coach for the past several years and through his outstanding coaching ability and leadership, the Henry County High School Girls Basketball Team has established an outstanding record by winning 325 games since Coach Baker has been serving as Coach; and
FRIDAY, MARCH 15, 1963
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WHEREAS, the Henry County High School Girls Basketball Team has won a combined total of 19 invitational, regional and State champion ships ; and
WHEREAS, the team has compiled an excellent record in State Tournament play by winning one State Championship and being a finalist or semi-finalist in nine others; and
WHEREAS, this team has established a reputation for battling down to the last minute of every game, never admitting defeat or accepting victory until the last whistle has blown and the most notable factor contributing to their outstanding success has been the display of superior team work on the part of all the members of the team; and
WHEREAS, the Henry County High School Girls Basketball team is comprised of the following team members: Trudi Brannon, Kay Lewis, Linda Chafin, Denise Rooks, Charlotte Weldon, Elaine McGarity, Connie Robinson, Bernice McGarity, Sandra Wilkerson, Cerithia Ellington, Carol Knight, Jan Elliott, Peggy Hayes, Nancy Price, Kay Smith and Carole Kelley, Manager; and
WHEREAS, the Henry County High School Basketbal team was unbeaten during the 1962-63 regular season, and said team won the AA Regional Tournament, making a total of 29 games won in said season, notwithstanding the fact that said team was eliminated by one point in State Tournament play by Hart County, the winner of the State Tournament; and
WHEREAS, said team did by their remarkable ability, wonderful sportsmanship and excellent conduct reflect honor and great credit upon their Coach, James W. Baker; the Henry County Board of Educa tion, the faculty and students of Henry County High School and to all citizens of Henry County.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby extend to the Henry County Board of Education, Superintendent of the Henry County Public Schools, Principal of the Henry County High School, Honorable James W. Baker, Coach of the Henry County High School Girls Basketball team and to the members of the Henry County High School Girls Basketbal Team, their sincerest congratulations.
BE IT FURTHER RESOLVED that Coach James W. Baker, the students and faculty of Henry County High School and the parents of the Henry County High School Girls Basketball team are hereby com mended for their wholehearted cooperation and assistance to said school and basketball team.
BE IT FURTHER RESOLVED that as a token of their esteem, the House of Representatives of the State of Georgia does hereby bestow its commendation upon the Henry County High School Girls basketball team and their coach, Honorable James W. Baker.
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BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to furnish to Honorable Edward E. McGarity, Representative from Henry County, appropriate copies of this resolution in sufficient number to be personally presented to the persons named in this Resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to place the seal of the House of Representatives upon said Resolution.
HR 285. By Messrs. McGarity of Henry, Clarke of Monroe, Keadle of Lamar and Woodward of Butts:
A RESOLUTION
Expressing and extending sincerest best wishes for a speedy re covery to Honorable Thomas J. Brown, Jr., Judge of the Flint Judicial Circuit; and for other purposes.
WHEREAS, Judge Thomas J. Brown, Jr. suffered a serious heart attack on December 23, 1962, and is now convalescing at home in McDonough, Georgia; and
WHEREAS, Judge Brown has been on the bench as Judge of the Flint Judicial Circuit since January 4, 1954; and
WHEREAS, the presence of this distinguished judicial officer has been missed by the members of the Bar and all other citizens of the Flint Judicial Circuit.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest best wishes for a speedy recovery are hereby expressed to Judge Thomas J. Brown, Jr. and the members of this Body do further express their sincerest wishes and hope that Judge Brown will be able to return to duty within the very near future.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby instructed to transmit a copy of this Resolution to Judge Thomas J. Brown, Jr.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to place the seal of the House of Representatives upon said Resolution.
HR 286. By Messrs. Hull of Richmond, Smith of Grady, and others:
A RESOLUTION Expressing appreciation to the Office of Legislative Counsel; and for other purposes.
FRIDAY, MARCH 15, 1963
2031
WHEREAS, the staff of the Office of Legislative Counsel has rendered outstanding service to the members of this Body; and
WHEREAS, the assistance given by the staff has been of ines timable 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, Honorable Frank E. Blankenship, Chief Deputy Legislative Counsel, Honorable Charles E. Tidwell, Assistant Legislative Counsel, Honorable Virlyn Slaton, Assistant Legislative Counsel, Honorable Grady Morris, Assistant Legislative Counsel, Honorable Donald O'Brien, Assistant Legislative Counsel, and Honorable Wade Mallard, Assistant Legisla tive Counsel, the other members of the staff and the most charming and efficient secretaries of the Office for their outstanding services to members of this Body and for their many acts of courtesy and con sideration 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.
HR 287. By Messrs. Mixon of Irwin, Fowler of Douglas, and others:
A RESOLUTION
Commending and thanking the Sweet Potato Association of Georgia; and for other purposes.
WHEREAS, on March 15, 1963, the Sweet Potato Association of Georgia placed on the desk of each member of the General Assembly a bag of sweet potatoes; and
WHEREAS, these sweet potatoes are Georgia grown and the best grown in the United States; and
WHEREAS, they are the best grown anywhere in the world;
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby express their appreciation to the Sweet Potato Association of Georgia for these home grown sweet potatoes and the members of the General Assembly will enjoy these delicacies along with their families and friends throughout this great State of Georgia.
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HR 288. By Messrs. Smith of Grady and Bolton of Spalding:
A RESOLUTION
Expressing appreciation to the Ninth Congressional District Rep resentatives for their chicken dinners; and for other purposes.
WHEREAS, the Ninth Congressional District Representatives have generously provided the House with delicious chicken dinners thus re lieving them of the necessity of absenting themselves from the pressing business of the House on this closing date.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its sincerest appreciation to the members of the Ninth Congressional District for their generosity in providing this Body with the delicious chicken dinners.
HR 289. By Messrs. Newton of Colquitt, Milhollin of Coffee and Mixon of Irwin:
A RESOLUTION
Commending Honorable Orville L. Freeman, Secretary, United States Department of Agriculture, Honorable Charles S. Murphy, Under Secretary, United States Department of Agriculture and Honorable John P. Duncan, Assistant Secretary, United States Department of Agriculture; and for other purposes.
WHEREAS, a move was being made through official channels to require the identification of tobacco treated with maleic hydrazide (MH-30); and
WHEREAS, tobacco and its products is a major source of live lihood for thousands of farmers and other citizens of the State of Georgia; and
WHEREAS, the use of certain chemicals and other modern aids are necessary to grow a high quality of tobacco in the State of Georgia and the use of such chemicals and aids should not be used as a method to penalize tobacco growers; and
WHEREAS, despite recent long and costly hearings and despite biased reports the United States Department of Agriculture through its authorized officials has authorized the tobacco growers of Georgia to continue the use of maleic hydrazide (MH-30) without selling their tobacco at a discount and without exhibiting their tobacco at the various warehouses with identifying tags showing that said tobacco has been treated with maleic hydrazide (MH-30); and
WHEREAS, the decision of said officials will greatly enhance the
FRIDAY, MARCH 15, 1963
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economy of the State of Georgia and said decision is greatly appreciated by the General Assembly of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Honorable Orville L. Freeman, Secretary, United States Department of Agriculture, Honorable Charles S. Murphy, Under Secretary, United States Department of Agriculture and Hon orable John P. Duncan, Assistant Secretary, United States Department of Agriculture are hereby commended for their decision in allowing the tobacco growers of Georgia to use maleic hydrazide (MH-30) on tobacco grown by them.
BE IT FURTHER RESOLVED that the House of Representatives does hereby respectfully request that tobacco growers of the State of Georgia make all efforts possible to grow the highest quality of tobacco in the year, 1963, and in future years.
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 with the seal of the House of Represent atives to Honorable Orville L. Freeman, Secretary, United States De partment of Agriculture, Honorable Charles S. Murphy, Under Secre tary, United States Department of Agriculture and Honorable John P. Duncan, Assistant Secretary, United States Department of Agriculture.
HR 290. By Mr. Lane of Bulloch:
A RESOLUTION
Expressing regrets at the passing of Mrs. W. H. Smith; and for other purposes.
WHEREAS, Mrs. W. H. Smith of Statesboro, Georgia, passed away on Friday, March 15, 1963; and
WHEREAS, she was the mother of Mrs. Paul E. Nessmith, Sr., wife of Honorable Paul E. Nessmith, Sr., Representative, Bulloch County; and
WHEREAS, she was very active in religious activities and a member of the Primitive Baptist Church; and
WHEREAS, she was outstanding in the affairs of her community and beloved by all.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that deepest regrets are hereby extended to Mrs. Paul E. Nessmith, Sr. upon the passing of her mother, and the sympathy of each member of this Body is hereby extended to the family of Mrs. W. H. Smith.
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BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to Mr. W. H. Smith, Statesboro, Georgia; to Mrs. Paul E. Nessmith, Sr., Statesboro, Georgia; Mrs. John Lee Phillips, Monroe, Georgia; Mrs. W. A. Green, Decatur, Georgia, her daughters; to Mr. W. H. Smith, Jr., Mr. Lamar Smith and Mr. Hubert Smith, all of Statesboro, Georgia, her sons; to Mr. Leroy T. Byrd, Portal, Georgia, her brother; and to Mrs. Jones Alien, Mrs. L. P. Joyner, and Mrs. Roy Smith, all of Statesboro, Geor gia, sisters of the late Mrs. W. H. Smith.
HR 291. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb, and others:
A RESOLUTION
Relating to interim study committees; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that any provision of any other Resolution adopted by the House of Representatives at the 1963 Session of the Georgia General Assembly to the contrary notwithstanding, the provisions of this Resolution shall govern the travel and manner of reporting expenses of any interim committee created by said Body.
BE IT FURTHER RESOLVED, that no interim committee shall engage in travel outside the State of Georgia on or after November 1, 1963, and that no such committee shall continue to function after De cember 15, 1963, unless a written request shall be made by the chair man of such committee to the Speaker of the House and the Speaker shall give written approval for the continued functioning of such com mittee after said date.
BE IT FURTHER RESOLVED, that all vouchers submitted by members of interim committees shall list the places visited and the dates for which compensation is claimed for work on said interim committee.
BE IT FURTHER RESOLVED, that any member of this House claiming expenses for work on said committee in an amount which does not exceed $20.00 for each day, exclusive of per diem, and travel, shall not be required to itemize such expenses, but any member claim ing expenses in excess of $20.00 per day, exclusive of per diem and travel, shall itemize all such expenses.
BE IT FURTHER RESOLVED, that no committee shall employ any personnel to assist the committee in their work unless the chair man of said committee shall first obtain written approval thereof from the Speaker of the House.
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HR 292. By Messrs. Smith of Grady, Rutland of DeKalb, Bolton of Spalding, and others:
A RESOLUTION
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES, THE SENATE CONCURRING, that the General Assembly do adjourn sine die on Friday, March 15, 1963, at 6:15 o'clock p.m.
HR 293. By Messrs. Harris of DeKalb, Milhollin of Coffee and Paris of Barrow:
A RESOLUTION
Expressing appreciation to Honorable W. S. Stuckey; and for other purposes.
WHEREAS, during the Christmas Season of 1962, in keeping with the spirit of the occasion, the Honorable W. S. Stuckey, Represenative from Dodge County, caused one of his famous pecan products to be sent to each member of the House of Representatives; and
WHEREAS, during the 1963 Session of the General Assembly, the said W. S. Stuckey continued to exhibit his generosity and thoughtfulness by bringing various other of his products to be shared with the members of the House, thus making a great contribution to the pleasure of its members;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express to the said W. S. Stuckey its aprpeciation for his many acts of kindness and for his unselfish additions to the comfort and well-being of the members.
BE IT FURTHER RESOLVED that an appropriate copy of this Resolution be delivered to the said W. S. Stuckey by the Clerk.
HR 294. By Messrs. Scarborough of Crawford and Jordan of Calhoun:
A RESOLUTION
Pertaining to basketball; and for other purposes.
WHEREAS, there have been two meetings in the past four years between the basketball teams of Crawford County and Edison of Cal houn County in the finals of the State Class "C" Basketball tourna ment; and
WHEREAS, each such time, both in 1960 and 1963, by some miracle, the team from Edison won said basketball games; and
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JOURNAL OF THE HOUSE,
WHEREAS, everyone outside the county of Calhoun recognizes the fact that Crawford County has the superior basketball team;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the basketball team of Crawford County be declared the superior team and the 1960 and 1963 Class "C" State Champions; and
BE IT FURTHER RESOLVED that each member of the 1963 Crawford County basketball team be furnished and provided a gold basketball at the expenses of the Honorable W. Harvey Jordan, Repre sentative from Calhoun County.
SR 115. By Senators Gayner of the 5th, Rowan of the 8th, Oliver of the 4th and Carter of the 14th:
A RESOLUTION
Petitioning the Congress of the United States to reject the changes in timber taxation proposed by the Secretary of the Treasruy.
WHEREAS, capital gains treatment of timber under the Internal Revenue Code of the United States has been a major factor in the progress of the State of Georgia in forest management and in the development and growth of forest resources during the past half cen tury; and
WHEREAS, the substantial elimination of capital gains treatment to the owners of forest lands would constitute a most severe setback to the development of the timber and forestry industry in Georgia; and
WHEREAS, thousands of Georgians are dependent upon the forest industries for employment and their jobs are jeopardized by the pro posed elimination of capital gains treatment of timber; and
WHEREAS, the taxing of income derived from the sale of timber at ordinary income rates by the United States would be disastrous to a major portion of the over-all economy of the State of Georgia,
NOW THEREFORE, BE IT RESOLVED by the General As sembly of Georgia:
1. That the General Assembly of the State of Georgia does peti tion the Congress of the United States to defeat and reject the extreme and harmful changes in timber taxation proposed by the Secretary of the Treasury to the Ways and Means Committee of the House of Representatives of the United States on February 6, 1963.
FRIDAY, MARCH IB, 1963
2037
SR 128. By Senator Plunkett of the 30th:
A RESOLUTION
Extending the congratulations and best wishes of the Senate to the Georgia Baptist Hospital Commission and the entire staff of the Georgia Baptist Hospital in Atlanta, Georgia, on the dedication of the Warren Sewell Nurses Dormitory; and for other purposes.
WHEREAS, for many years the Georgia Baptist Hospital has trained young ladies in the nursing profession; and
WHEREAS, these nurses have contributed much to the health and well-being of the people of the State of Georgia; and
WHEREAS, the Georgia Baptist Nurses Training School was among the first five (5) of the Nation to be established; and
WHEREAS, on March 19, 1963, the Georgia Baptist Hospital Com mission will dedicate a new dormitory for the student nurses; and
WHEREAS, the cost of this dormitory is in excess of two and one-half million dollars; and
WHEREAS, because of his many contributions to the religious life and physical well-being of the citizens of the State of Georgia and because of his unselfishness toward mankind, the Georgia Baptist Hos pital Commission has named the new dormitory the "Warren Sewell Nurses Dormitory"; and
WHEREAS, it is the finding of the State Senate that the con tributions made by Warren Sewell to the citizens of the State of Georgia warrants a perpetual monument in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Baptist Hospital Com mission is hereby commended for their action in naming the new Nurses Dormitory at the Georgia Baptist Hospital in Atlanta, Georgia in honor of Honorable Warren Sewell.
BE IT FURTHER RESOLVED that this Body does hereby express its congratulations and best wishes to the Georgia Baptist Hospital Commission, to the entire staff of the Georgia Baptist Hospital in Atlanta, Georgia and to the many Baptists throughout the State of Georgia on the significant occasion of the dedication of the Warren Sewell Nurses Dormitory.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward appropriate copies of this Resolution with the seal of the General Assembly affixed thereto to the Chairman of the Georgia Baptist Hospital Commission, the Ad-
2038
JOURNAL OF THE HOUSE,
ministrator of the Georgia Baptist Hospital in Atlanta, Georgia, the Director of Nursing of such hospital and the Honorable Lamar R. Plunkett, Senator from the 30th Senatorial District.
SR 117. By Senator Kidd of the 25th:
A RESOLUTION
Expressing appreciation to officials at Georgia Tech; and for other purposes.
WHEREAS, the basketball game between the Senate and the House of Representatives was a tremendous success as far as the amount of funds raised for the Georgia Heart Association is concerned; and
WHEREAS, a tremendous amount of hard work and effort was necessary in order to provide all arrangements for the aforsaid game; and
WHEREAS, the officials at Georgia Tech were especially helpful in all aspects.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY, that sincerest appreciation is hereby expressed to Presi dent E. D. Harrison, Athletic Director Bobby Dodd, Coach Whack Hyder and Director Robert Logan for their many acts of kindness and consideration, and in particular for the use of the coliseum at Georgia Tech for the worthy cause of assisting the Georgia Heart Association.
BE IT FURTHER RESOLVED, that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to each of the above named persons.
SR 125. By Senators Brown of the 34th and Kidd of the 25th:
A RESOLUTION
Expressing regrets and sympathy upon the death of Mrs. Marion C. Blankenship; and for other purposes.
WHEREAS, Mrs. John H. Blankenship departed her life on June 30, 1962; and
WHEREAS, she was the former Marion Carlton Godfrey; and
WHEREAS, during her many years as an employee of the Henry Grady Hotel, she was personally acquainted with and rendered as-
FRIDAY, MARCH 15, 1963
2039
sistance to many present and former members of the General Assembly of Georgia; and
WHEREAS, Mrs. Blankenship was the mother of seven sons and one daughter; and
WHEREAS, all seven of said sons have served their Country in the armed forces of the United States; and
WHEREAS, Mrs. Blankenship was well known for her Christian ideals; and
WHEREAS, Mrs. Blankenship was the mother of Frank E. Blank enship, Chief Deputy Legislative Counsel.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the sincerest regrets and sympathy of this Body are hereby extended to the family of Mrs. Marion C. Blankenship.
BE IT FURTHER RESOLVED that as a token of our common grief, the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution with the seal of the General Assembly affixed thereto to the family of Mrs. Marion C. Blankenship and that a copy of this Resolution be placed in the Journal of the Senate and House of Representatives.
SR 123. By Senators Brown of the 34th, Brewer of the 39th, Salome of the 36th and others:
A RESOLUTION
Expressing appreciation to Chief Herbert T. Jenkins of the Atlanta Police Department; and for other purposes.
WHEREAS, Chief Jenkins has extended many courtesies and con siderations to the members of the General Assembly during the 1963 Session; and
WHEREAS, Chief Jenkins has provided additional officers to assist in parking cars and to act as messengers for the General Assembly; and
WHEREAS, in performing their duties, these officers have been a credit to the City of Atlanta and the Atlanta Police Department.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a warm "thank you" and sincerest appreciation is hereby expressed to Chief Herbert T. Jenkins and the officers of the Atlanta Police Department for the many acts of courtesy
2040
JOURNAL OF THE HOUSE,
and consideration shown to the members of the General Assembly dur ing the 1963 Session.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the Mayor and Board of Aldermen of the City of Atlanta and to Chief Herbert T. Jenkins.
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 Bill of the Senate to-wit:
SR 123. By Senators Brown of the 34th, Brewer of the 39th, Salome of the 36th and many others: A Resolution expressing apprectiation to Chief Herbert T. Jenkins of the Atlanta Police Department; 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 to the following Bill of the House:
HB 302. By Messrs. Keyton and Russell of Thomas: A Bill to amend an Act creating a Small Claims Court in certain counties, so as to provide for a change in the procedure and practice in garnishments; 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 456. By Messrs. Smith and Mitchell of Whitfield: A Bill to amend an Act authorizing the Ordinary or anyone performing
FRIDAY, MARCH 15, 1963
2041
the duties of the Ordinary to use photostatic equipment in recording documents, so as to require that photographic recording equipment he installed in certain counties; and for other purposes.
HB 464. By Messrs. Land and Nessmith of Bulloch: A Bill to relate to fees paid to coroners, so as to change the com pensation for coroners in certain counties; and for other purposes.
HB 469. By Harris, Mackay and Rutland of DeKalh: A Bill to amend an Act providing a method of fixing salaries of Court Bailiffs in certain counties, so as to change the population require ments from 200,000 to 500,000 inhabitants or more; and for other purposes.
HB 502. By Mr. Etheridge of Fulton: A Bill to fix the salary of the Sheriff in counties having a population of 500,000 or more; and for other purposes.
HB 569. By Mr. Tucker of Catoosa: A Bill to amend an Act creating the Town of Fort Oglethorpe, in the counties of Walker and Catoosa, so as to provide for the division of the town into wards; and for other purposes.
HB 570. By Mr. Tucker of Catoosa: A Bill to amend an Act relating to the Mayor and Alderman of the Town of Fort Oglethorpe; and for other purposes.
HB 576. By Mr. Matthews of Clarke:
A Bill to amend an Act establishing Juvenile Courts in certain counties; and for other purposes.
HB 589. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to amend an Act to provide an additional compensation for the solicitor-general of certain judicial circuits; and for other purposes.
HB 590. By Messrs. Fleming, Hull and Bell of Richmond: A Bill to provide for the appointment of two Superior Court Reporters
2042
JOURNAL OP THE HOUSE,
to Judges of Superior Courts in counties having a population of 115,000 to 140,000; 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 603. By Mr. McClelland of Pulton:
A Bill to amend an Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County; so as to give credit for prior service rendered as a teacher in any public school system; and for other purposes.
HB 604. By Mr. Singer of Stewart:
A Bill to consolidate all of the laws chartering the Town of Omaha in the County of Stewart; and for other purposes.
HB 606. By Messrs. Snow and Abney of Walker:
A Bill incorporating the City of LaPayette in the County of Walker, so as to provide for the power of eminent domain; and for other purposes.
HB 607. By Messrs. Williams and Overby of Hall:
A Bill to amend an Act creating the Board of Commissioners of Roads and Revenues in Hall County; and for other purposes.
HB 608. By Messrs. Lee and Blalock of Clayton:
A Bill to amend an Act creating the Clayton County Water Authority, so as to change the composition of the membership of the Authority; and for other purposes.
HB 609. By Mr. McGarity of Henry:
A Bill to amend an Act providing for the compensation of the county Treasurer in counties having a population of not less than 17,600 and not more than 17,700; and for other purposes.
FRIDAY, MARCH 15, 1963
2043
HB 611. By Messrs. Killian and Isenberg of Glynn:
A Bill to create a Court to be known as the "Magistrate's Court of Glynn County"; and for other purposes.
HB 614. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to create the Albany High School Stadium Authority and to authorize such Authority to acquire, construct, equip, an athletic stadium and the usual facilities related thereto; and for other purposes.
HB 615. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to authorize the City of Albany and the County of Dougherty to jointly acquire, either by donation, purchase or eminent domain, such lands and buildings as the City of Albany and the County of Dougherty may from time to time determine is necessary for the joint use of the City of Albany and the County of Dougherty; 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 616. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill providing for the merger of the then-existing independent school system of the City of Albany and the then-existing school district of the County of Dougherty lying outside the corporate limits of said city; and for other purposes.
HB 617. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Educa tion of Dougherty County; and for other purposes.
HB 618. By Mr. Busbee of Dougherty:
A Bill to amend an Act creating and establishing a new charter for the City of Albany by providing that upon the petition of the owners of 75% of the property adjacent to any alley within the fire zone, the draining may be done and costs assessed against the owners of ad jacent lands; and for other purposes.
2044
JOURNAL OF THE HOUSE,
HB 619. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to provide for official bonds of the Marshal or Chief and other personnel of the City of Albany Police Department; and for other purposes.
HB 620. By Messrs. Odom, Lee and Busbee of Dougherty:
A Bill to amend an Act creating and establishing a new charter for the City of Albany, relating to wards; and for other purposes.
HB 621. By Messrs. Busbee, Odom and Lee of Dougherty:
A Bill to amend an Act creating a new charter for the City of Albany; so as to change the corporate limits; and for other purposes.
HB 624. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act abolishing all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, to create the position of Judge Emeritus of the Civil Court of Fulton County; and for other purposes.
HB 625. By Mr. Singer of Stewart:
A Bill to authorize counties having a population between 7,365 and 7,377 to elect county officials and the member of the House of Rep resentatives to the General Assembly by a majority of the popular votes in 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 passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 628. By Messrs. Knight of Berrien, Wilkes of Cook and others:
A Bill to amend an Act abolishing the fee system existing in the Superior Courts of the Alapaha Judicial Circuit, so as to provide for the payment of expenses to the Solicitor-General; and for other purposes.
FRIDAY, MARCH 15, 1963
2045
HB 629. By Mr. Wilson of Brantley:
A Bill to create the office of Commissioner of Roads and Revenues of Brantley County, so as to change the compensation of the Commis sioners; and for other purposes.
HB 631. By Mr. Been of Bacon: A Bill creating a new charter for the City of Alma; to extend corporate limits; and for other purposes.
HB 633. By Messrs. Shea, Richardson and Funk of Chatham: A Bill to amend an Act incorporating the Town of Pooler; and for other purposes.
HB 634. By Mr. McGarity of Henry:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Henry County; and for other purposes.
HB 635. By Mr. McGarity of Henry: A Bill to amend an Act to consolidate, amend and codify the various Act incorporating the Town of McDonough, so as to change the corporate limits; and for other purposes.
HB 639. By Mr. McGarity of Henry: A Bill to amend an Act incorporating the Town of McDonough, now the City of McDonough; and for other purposes.
HB 642. By Mr. Smith of Forsyth: A Bill to create a one member Commissioner of Roads and Revenues for Forsyth County; and for other purposes.
HB 644. By Mr. Smith of Habersham:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector into the Office of Tax Commissioner, so as to change the compensation of the Clerk; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
2046
JOURNAL OP THE HOUSE,
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 647. By Messrs. Overby and Williams of Hall:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County; so as to authorize the Board to construct roads; and for other purposes.
HB 648. By Messrs. Overby and Williams of Hall:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, so as to authorize the Board to con struct sanitary sewers within any unincorporated areas of the county under certain conditions; and for other purposes.
HB 649. By Messrs. Fleming, Hull and Bell of Richmond:
A Bill to amend the charter of the City of Augusta, so as to create a Board of Civil Service Commission for the City Counsel of Augusta; and for other purposes.
HB 652. By Mr. Sangster of Dooly:
A Bill to amend an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Dooly, so as to change the salary of the Tax Commissioner; and for other purposes.
HB 654. By Mr. Barber of Jackson:
A Bill to amend an Act incorporating the City of Commerce; and for other purposes.
HB 655. By Mr. Barber of Jackson:
A Bill to amend an Act incorporating the City of Hoschton, so as to remove certain property from the corporate limits of said City; and for other purposes.
HB 663. By Mr. Reaves of Brooks:
A Bill to amend an Act creating a Board of Commissioners of Brooks County relating to the compensation of the Clerk; and for other purposes.
FRIDAY, MARCH 15, 1963
2047
HB 664. By Mr. Snow of Walker:
A Bill to amend the charter of the City of Rossville; to authorize the mayor and council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value of all property; and for other purposes.
HB 665. By Mr. Snow of Walker:
A Bill to amend the charter of the City of Rossville, so as to authorize the Mayor and Council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property; 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 667. By Messrs. Groover, Laite and House of Bibb:
A Bill to amend an Act to establish a Board of Commissioners for Bibb County; and for other purposes.
HB 668. By Messrs. Groover, Laite and House of Bibb:
A Bill to amend an Act codifying all former Acts relating to and dealing with the Municipal Court of the City of Macon, so as to establish and create in lieu thereof a Civil Court of Bibb County; and for other purposes.
HB 669. By Messrs. Harris, Rutland and Mackay of DeKalb:
A Bill to amend an Act known as the Urban Redevelopment Law in counties having a population of 250,000 and not more than 500,000; and for other purposes.
HB 673. By Mr. Byrd of Walton:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Walton County, so as to provide that the Board may employ persons to conduct a tax equalization program for Walton County; and for other purposes.
2048
JOURNAL OF THE HOUSE,
HB 674. By Mr. Mixon of Irwin:
A Bill to abolish the offices of Tax Receiver and Tax Collector of Irwin County; and for other purposes.
HB 675. By Messrs. House, Groover and Laite of Bibb:
A Bill directing the City of Macon to close, vacate, abandon and dis continue the use of a portion of the Old City Cemetery, located in and adjacent to Square 35, Old City, in the City of Macon, for cemetery purposes; and for other purposes.
HB 677. By Messrs. Walker and Gibbons of Lowndes:
A Bill to amend the charter of the City of Valdosta, relating to elec tions; and for other purposes.
HB 676. By Mr. Jones of Worth:
A Bill to amend an Act to create a new charter for the City of Sylvester; and for other purposes.
HB 678. By Messrs. Walker and Gibbons of Lowndes:
A Bill to amend an Act establishing a system of public schools in the City of Valdosta; 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 679. By Mr. Roper of Greene:
A Bill to create the Greene County Development Authority; and for other purposes.
HB 680. By Messrs. McClelland and Etheridge of Fulton:
A Bill to amend an Act which provides for the retirement and pay ment of pensions to the Judges and Solicitor General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County; and for other purposes.
FRIDAY, MARCH 15, 1963
2049
HB 681. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Bill to authorize the solicitor-general of the Superior Court in certain counties to appoint certain investigators; and for other purposes.
HB 682. By Messrs. Ballard and Morgan of Newton:
A Bill to create a Board of Commissioners of Roads and Revenues for Newton County; and for other purposes.
HB 683. By Messrs. Mackay, Rutland and Harris of DeKalb:
A Bill to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners of Roads and Rev enues for DeKalb County, so as to delete the provision excepting busi nesses subject to regulation by the State Public Service Commission from the assessment of license fees; and for other purposes.
HB 42. By Mr. Duncan of Carroll:
A Bill to amend an Act relating to the State Highway Board, so as to change the procedures relating to expenditures of funds by the Highway Board; and for other purposes.
HB 124. By Mr. Smith of Grady:
A Bill to amend an Act creating a Small Claims Court in certain counties; and for other purposes.
HB 135. By Mr. Duncan of Carroll:
A Bill to amend an Act relating to objections in connection with a motion for a new trial to be raised before the trial judge; 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 140. By Mr. Melton of Spalding: A Bill making provisions for coverage of certain officers and em-
2050
JOURNAL OF THE HOUSE,
ployees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act; and for other purposes.
HB 224. By Messrs. Payton of Coweta, Overby of Hall and others:
A Bill to amend an Act relating to a health insurance plan for State employees, so as to authorize Solicitors-General to participate; and for other purposes.
HB 348. By Messrs. Twitty of Mitchell, Underwood of Montgomery and others:
A Bill to provide for a Sheriff's Retirement Fund of Georgia; and for other purposes.
HB 398. By Messrs. Smith of Grady, Busbee of Dougherty and others:
A Bill to amend an Act relating to general provisions concerning banks and banking, so as to define "city", "town" and "village"; and for other purposes.
HB 409. By Messrs. Williams of Hall, Ware of Troup and others:
A Bill to amend an Act relating to motor vehicle licenses, so as to pro vide for fees to be paid for licensing of motor vehicles for part of a year; and for other purposes.
HB 418. By Mr. Groover of Bibb:
A Bill to amend an Act relating to qualification fee for candidates in general election of certain county offices, so as to provide for reasonable qualification fee due to be posted 10 days prior to special elections; and for other purposes.
HB 422. By Mr. Mackay of DeKalb:
A Bill to amend an Act relating to the imposition, rate of computation and exemptions from income taxation, so as to provide that certain distributions of corporate stock qualifying under Section 1111 of the Federal Internal Revenue Code of 1954 shall not be deemed a dividend; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
FRIDAY, MARCH IB, 1963
2051
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
HB 443. By Mr. Ware of Troup:
A Bill to amend an Act creating the Georgia Ports Authority, so as to define the word "project"; to remove the limitation on the issuance of bonds; and for other purposes.
HB 449. By Messrs. Bagby of Paulding, Cullens of Bartow and others:
A Bill to provide that it shall be unlawful for any person who has been convicted for the violation of any of the criminal laws against the United States of America and who has served two separate sen tences in any penal institution, custodial institution or other places of confinement to serve in any municipal, county, district or State elec tion or primary; and for other purposes.
HB 501. By Mr. Twitty of Mitchell:
A Bill to amend an Act known as the Hospital Authority Law, so as to extend the period for which a governing body of any city, town, municipality or county is authorized to enter into contracts with a hospital authority for the continued maintenance and use of the facilities of such authority; and for other purposes.
HB 511. By Messrs. Hurst of Quitman, King of Chattahoochee and others:
A Bill to amend the Georgia Motorboat Numbering Act, so as to authorize entering agreements for registration of boats used on waters contiguous to or forming a part of or abutting upon the boundaries of this State; and for other purposes.
HB 513. By Mr. Busbee of Dougherty:
A Bill to provide that counties, municipalities, and other political subdivisions of this State are authorized to purchase blanket bonds covering employees thereof; and for other purposes.
HB 561. By Messrs. Smith of Grady, Bolton of Spalding, Rutland of DeKalb and others:
A Bill to amend an Act known as "The Welfare Reorganization Act of 1937", so as to rename the State Department of Public Welfare as the State Department of Family and Children Services; and for other purposes.
2052
JOURNAL OP THE HOUSE,
HB 622. By Messrs. Laite of Bibb, Towson of Laurens and others:
A Bill to regulate the sale of firearms of less than fifteen inches in length by any person, so as to provide who shall be required to purchase a license; and for other purposes.
HB 636. By Messrs. Towson of Laurens and Spikes of Troup:
A Bill to amend an Act relating to the imposition, rate of computation and exemptions from income taxation, so as to clarify the taxation of distributions from a trust exempted from taxation by Code Section 92-3105; 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 638. By Messrs. Floyd of Chattooga, Bedgood of Clarke and others:
A Bill to amend an Act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes.
HB 650. By Messrs. Hale of Bade, Mackay and Harris of DeKalb and others: A Bill to amend an Act regulating professional fund raising; and for other purposes.
HB 657. By Mr. Busbee of Dougherty: A Bill to authorize the leasing of State Parks and related facilities to public authorities; and for other purposes.
HR 57-130. By Mr. Causby of Gordon: A Resolution authorizing an appropriation to the Georgia Historical Commission for the purpose of developing as a tourist attraction the old capitol of the Cherokee Indian Nation located near New Echota in Gordon County; and for other purposes.
HR 96-194. By Mr. Causby of Gordon: A Resolution authorizing and directing the State Librarian to furnish
FRIDAY, MARCH 15, 1963
2053
certain law books to the Ordinary of Gordon County; and for other purposes.
HR 109-267. By Mr. Ballard of Newton: A Resolution authorizing the transfer of certain real property located in Fulton County; and for other purposes.
HR 125-317. By Mr. Dean of Polk: A Resolution to compensate Lewis Moore; and for other purposes.
HR 145-405. By Mr. Murphy of Haratson:
A Resolution to authorize conveyance of certain property in Buchanan, Georgia, Haralson County, to the Board of Education of Haralson County; and for other purposes.
HR 146-408. By Mr. Wells of Oconee: A Resolution proposing an amendment to the Constitution so as to provide that the Governing Authority of Oconee County may establish a fire protection system, and said County may provide funds for new equipment and other expenses for the Volunteer Fire Department; and for other purposes.
HR 148-422. By Messrs. Pope and Coker of Cherokee: A Resolution authorizing the conveyance of certain property in Chero kee 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 House to-wit:
HR 283. By Messrs. Towson and Knight of Laurens: A Resolution commending the Dexter High School Girls Basketball Team; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
2054
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Eesolutions of the House to-wit:
HR 151-426. By Mr. Roberts of Jones:
A Resolution to designate "The S. A. Hodge, Sr., Bridge" and for other purposes.
HR 150-426. By Messrs. Steis of Harris and Andrews of Stephens:
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 periods of emergency resulting from disasters caused by enemy attack; and for other purposes.
HR 155-427. By Mr. Newton of Colquitt: A Resolution to compensate Homer C. Patterson; and for other purposes.
HR 156-427. By Messrs. Teague, Flournoy and Wilson of Cobb:
A Resolution to compensate Marietta Transport Co., and for other purposes.
HR 161-438. By Mr. Tucker of Burke:
A Resolution proposing an amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County; and for other purposes.
HR 181-516. By Mr. Todd of Glascock: A Resolution to compensate Mrs. H. S. Swint; and for other purposes.
HR 185-535. By Messrs. Shea, Funk and Richardson of Chatham: A Resolution creating the Forward Georgia Commission; and for other purposes.
HR 192-579. By Mr. Bynum of Rabun: A Resolution compensating Ralph R. Calleriback, Jr.; and for other purposes.
FRIDAY, MARCH 15, 1963
2055
HE 196-583. By Mr. Bagby of Paulding: A Resolution to compensate Dan W. Forsyth; and for other purposes.
HR 205-608. By Mr. Houston of Pierce:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Pierce County; and for other purposes.
HR 215-629. By Mr. Causby of Gordon: A Resolution authorizing the conveyance of two lots belonging to the State of Georgia to Gordon County; 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:
HR 216-632. By Messrs. Matthews and Newton of Colquitt: A Resolution compensating Mr. George Rufus Hanna; and for other purposes.
HR 218-635. By Mr. Wilson of Brantley: A Resolution to compensate Mr. Gabriel Strickland; and for other purposes.
HR 240. By Messrs. Melton and Bolton of Spalding: A Resolution urging the Budget Bureau to make available funds for the restoration and repair of Elijah Clark's grave and monument; and for other purposes.
HR 276. By Mr. Steis of Harris: A Resolution congratulating and extending best wishes to The American Legion on its 4th Anni4versary; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
2056
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to-wit:
SR 117. By Senator Kidd of the 25th:
A Resolution expressing appreciation to officials at Georgia Tech; and for other purposes.
SR 125. By Senators Brown of the 34th and Kidd of the 25th:
A Resolution expressing regrets and sympathy upon the death of Mrs. Marion C. Blankenship; and for other purposes.
SR 128. By Senator Plunkett of the 30th:
A Resolution extending the congratulations and best wishes of the Senate to the Georgia Baptist Hospital Commission and the entire staff of the Georgia Baptist Hospital in Atlanta, Georgia, on the dedication of the Warren Sewell Nurses Dormitory; 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 287. By Messrs. Mixon of Irwin, Fowler of Douglas, Deen of Bacon, Busbee of Dougherty, Andrews of Stephens and Rutland of DeKalb:
A Resolution commending and thanking the Sweet Potato Association of Georgia; and for other purposes.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate has receded from its position on the Fleming amendment to the following Bill of the Senate:
FRIDAY, MARCH 15, 1963
2057
SB 84. By Senator Pannell of the 54th:
A Bill to provide an alternate method for furnishing of Survivors' Benefits for the eligible members of the Employees' Retirement System of Georgia; and for other purposes.
Pursuant to HR 292, the Speaker announced the House adjourned sine die.
2058
JOURNAL OF THE HOUSE,
REPORT OP THE COMMITTEE TO STUDY THE GEORGIA STATE BOARD OF BARBER AND BEAUTICIAN EXAMINERS
The Committee was created pursuant to HR 678, for the purpose of studying the Georgia State Board of Barber and Beautician Examiners and the feasibility of having separate Barber and Beautician Boards. Honorable Geo. L. Smith II, Speaker of the House of Representatives, appointed Sidney Lowrey, Represent ative, Floyd County, B. Frank Arnsdorff, Representative, Effingham County, Homer L. Chance, Representative, Twiggs County, George J. Williams, Repre sentative, Coffee County and W. S. Stuckey, Representative, Dodge County. The Committee met and elected as their Chairman, W. S. Stuckey.
The Committee, in their various meetings before going into executive ses sions, permitted members of the Master Barber and Beautician Association, the Barbers Union, A.F.L-C.I.O., the Georgia Association of Hairdressers and Cos metologists, the Georgia Association of Cosmetologist Schools, the Georgia State Board of Barber and Beautician Examiners, Mr. Cecil L. Clifton, Joint Secretary, State Examining Boards, Mr. James L. Eaton, Mr. Clifton's Assistant and the various attorneys representing these groups, to testify before them giving them information concerning the operations of the Georgia State Board of Barber and Beautician Examiners. The Committee found the following conditions to exist:
(a) The present Georgia State Board of Barber and Beautician Examiners composed of three beauticians and three barbers, has been created for the purpose of setting rules and regulations, holding all examinations, and inspecting barber shops, schools and colleges, beauty shops, schools and colleges.
(b) There are twenty-six Boards operating under the Secretary of State and the Joint Secretary, State Examining Boards and remitting approximately $600,000.00 to the State Treasurer from fees collected in their operations. The Secretary of State is allocated $360,000.00 for the cost of operating the twentysix State Examining Boards with the proviso that $200,000.00 of the funds thus appropriated shall be apportioned to the use of each Board in exact ratio to the revenue collections of each Board, and the remaining $160,000.00 to be used to meet emergencies in the expenses of the Boards in the discretion of the State Budget Authorities. The Georgia State Board of Barber and Beautician Exam iners remits approximately $114,000.00 to the State Treasurer and receives back by the Appropriations Act only $62,000.00 for carrying out the purposes and functions of the Board.
(c) The Attorney General has ruled that fees collected by the various State Examining Boards are regulatory fees and not taxes.
(d) There are approximately five thousand barber and beauty shops known to the Board to be operating presently in the State of Georgia, none of which are registered, but there may be thousands of shops operating in the State unknown to the Board and the Joint Secretary, State Examining Boards. There is no provision at this time for the registration of barber and beauty shops, barber and beauty schools or manicurists.
(e) The six members of the Board cannot adequately carry out their inspection duties, even if money were available, because of their other duties, consisting of giving examinations to approximately two thousand-five hundred applicants each year and necessity of attending the various meetings required for formulating rules and hearing complaints. The Board was authorized by
INTERIM COMMITTEE REPORTS
2059
law to hire five inspectors to inspect five thousand barber and beauty shops but did not have available funds to employ them.
(f) That there is no provision at the present time for the registration of barber schools and colleges, or beauty schools and colleges and there is no uniform course or curriculum for the training of students in these schools and colleges.
(g) There is at the present time no law requiring the registration of manicurists.
(h) The various groups appearing before the Committee representing the majority of the barbers and beauticians stated that barbers and beauticians are willing to pay increased regulatory fees if they are assured the fees collected will be used for supervising and regulating their occupation.
(i) There is no penalty provision for the late payment for the renewal of Master Barbers and Beauticians license.
(j) That most of the surrounding States charge a fee of five dollars or more for renewal of barbers and beauticians licenses, whereas the fee in Georgia is only three dollars.
(k) That owners of barber and beauty shops are employing personnel who are not licensed.
(1) That most States will not have reciprocal relations with Georgia Barbers and Beauticians because of conditions existing under the present Georgia State Board of Barbers and Beautician Examiners.
The Commission, after hearing testimony from the above mentioned groups and individuals and carefully considering said testimony, recommends the follow ing:
(a) That the Georgia State Board of Barber and Beautician Examiners be abolished and that two Boards be created, one regulating and supervising the barbers and one regulating and supervising the beauticians, and that these Boards consist of three members each, to be appointed by the Governor.
(b) That the regulatory fees remitted to the State Treasurer by the two separate Boards should be returned to the Boards for the purpose of carrying out the new provisions and the old provisions of the law. It being the opinion of the Committee that these fees were collected for that purpose and not as a revenue raising measure. Should it be impossible under the present Appropria tion Act to appropriate to the Boards all of the fees collected, the Committee recommends that all new sources of revenue provided for in the attached Bills, should be returned to the separate Boards, as this is one of the purposes of the Bills.
(c) That barber and beauty shops should register with their respective Boards and with the Joint Secretary, State Examining Boards, and pay a regis tration fee and an annual renewal fee to assist the inspectors in locating and inspecting these shops, thereby protecting the citizens of this State.
(d) That the shops throughout the State have not been properly inspected and the health of the public is endangered thereby. Therefor, the Committee feels that there is an urgent need for the employment of inspectors and since there are twice as many beauticians as barbers, we recommend the employment of seven inspectors for beauty shops and colleges and four inspectors for barber shops
2060
JOURNAL OF THE HOUSE,
and colleges. The Committee also recommends that Board members not inspect beauty shops and colleges or barber shops and colleges, but should meet for the purpose of formulating rules and regulations, giving examinations, and hearing complaints. As an economy measure, since it is not necessary that they make inspections, the Committee feels that they can administer their obligations as Board members by meeting not in excess of 65 days a year (beauticians) and 36 days a year (barbers). The Committee further recommends that the Board members be paid $20 a day plus actual expenses, including mileage, only for the days they actually meet or hold examinations.
(e) That all barber shops, schools and colleges, beauty shops, schools and colleges, should register with the Board and with the Joint Secretary, State Examining Boards for the purpose of locating these shops, schools and colleges, regulating and inspecting same, thereby protecting our citizens. It is the further opinion of the Committee that a uniform course of study be prescribed by the Board for schools and colleges to better qualify the graduates for taking the examinations and pursuing their occupations.
(f) It is as necessary for manicurists to be registered and licensed by the State as it is for barbers and beauticians. A majority of the other States require that the above be done, if for no other reason than that they handle the human body, just as much so as a barber or beautician.
(g) Attached is a list of the fees with the itemized statement of the revenue in each category under the provisions of the Bills attached. In most instances the fees were increased to bring in increased revenue to provide for inspections. These increases met with the approval of the groups appearing before the Committee.
(h) That barbers and beauticians be charged a penalty for failure to renew their license within a reasonable length of time of the expiration of the renewal date.
(i) The annual registration fees of Master Barbers and Beauticians be increased from $3.00 to $5.00 to conform with annual registration fees charged by most of the other States.
(j) Operators of barber or beauty shops hiring unlicensed persons should be guilty of a misdemeanor.
(k) The Committee recommends that other provisions in the Bills attached be enacted into law to improve the conditions existing under the present Georgia State Board of Barber and Beautician Examiners and for the further purpose of raising additional revenue fo accomplishing same.
The Honorable Wiley B. Fordham, Representative, Bulloch County, appointed by the Speaker under House Resolution No. 692 to work in conjunction with this Committee, attended all meetings and concurs in the findings and recom mendations of this Committee.
INTERIM COMMITTEE REPORTS
2061
BEAUTICIAN BOARD
EXPENDITURES FOR FISCAL YEAR 1963-64
7 Inspectors @ $375.00 per month 168,000 miles @ .08 per mile $25.00 per week expenses for 7 Inspectors
$ 31,500.00 13,440.00 9,100.00
$ 54,040.00 $ 54,040.00
3 Board Members 75 days each per diem at $20.00 a day.
3 Board Members 75 days each at $15.00 per day expense.
$ 4,500.00 3,375.00
$ 7,875.00 $ 7,875.00
Expenditures for Fiscal Year ending 6/30/62 exclusive of board members per diem and expenses.
Estimated cost of carrying out the new provisions of Act. Printing all new supplies, certificates, addressograph equipment and etc.
Cost of New Personnel. Training 7 Inspectors.
TOTAL
$ 13,984.80
$ 9,881.86 $ 5,333.32 $ 91,114.98
RECEIPTS FOR FISCAL YEAR 1963-64
Remitted to State Treasury fiscal year 1961-62 $76,571.19. Received from Treasury:
$ 29,332.00
Anticipated revenue from the provisions of New Act:
Reciprocity fees
33 @ $50.00
$ 1,650.00
Registration and Renewal of Teachers
5,825.00
Registration and Renewal of Schools
3,450.00
Registration and Renewal of Shops
17,250.00
An increase in renewal fees from $3 to $5 for Master Beauticians
24,000.00
An increase from $20 to $30 for examinations
13,500.00
$ 65,675.00 $ 65,675.00
TOTAL
$ 95,007.00
Note: In addition to the above, $12,000.00 was appropriated to the Secretary of State to cover the expenses for service to the Board.
2062
JOURNAL OF THE HOUSE,
BARBER BOARD
EXPENDITURES FOR FISCAL YEAR 1963-64
4 Inspectors @ $375.00 per month 96,000 miles @ .08 per mile $25.00 per week expenses for 4 Inspectors
$ 18,000.00 7,680.00 5,200.00
$ 30,880.00 $ 30,880.00
3 Board Members, 48 days each per diem at $20.00 a day.
3 Board Members, 48 days each at $15.00 per day expense.
$ 2,880.00 2,160.00
$ 5,040.00 $ 5,040.00
Expenditures for Fiscal Year ending 6/30/62 exclusive of Board Members per diem and expenses
Estimated cost of carrying out the new provisions of Act. Printing- all new supplies, certificates, addressograph equipment, etc.
Cost of New Personnel, Training 4 Inspectors.
TOTAL
$ 6,992.40
$ 5,000.94 $ 2,666.66 $ 50,580.00
RECEIPTS FOR FISCAL YEAR 1963-64
Remitted to State Treasury fiscal year 1961-62 $38,285.59. Received from Treasury:
$ 14,666.00
Anticipated revenue from the provisions of New Act:
Reciprocity fees 17 @ $50.00
$ 850.00
Registration and Renewal of Teachers
950.00
Registration and Renewal of School
550.00
Registration and Renewal of Shops
8,335.00
Registration and Renewal of Manicurists (Estimated)
900.00
An increase in renewal fees from $3 to $5 for Master Barbers
12,000.00
An increase from $20 to $30 for examinations
6,600.00
$ 30,185.00 $ 30,185.00
TOTAL
$ 44,851.00
Note: In addition to the above, $6,000.00 was appropriated to the Secretary of State to cover the expenses for service to the Board.
INTERIM COMMITTEE REPORTS
2063
REPORT OF JOINT COMMITTEE TO ADVISE WITH THE GOVERNOR
RELATIVE TO CONSTITUTIONAL REVISION
INTRODUCTION
Governor Carl E. Sanders, in his State of the State speech to the General Assembly during the first week of the Session, stated his desire to investigate the possibility of revising the Georgia Constitution and requested the President of the Senate and the Speaker of the House to appoint a committee to study the subject and make recommendations to the Governor as to the feasibility of creating a Constitutional Revision Commission for this purpose.
Pursuant to the Governor's request, the Senate passed Senate Resolution 28 creating such a committee, and the House, by House Resolution 66, also created such a committee. Both Resolutions authorized the two committees to act as a joint committee. The President appointed as members from the Senate, Senators John M. Gayner, III, 5th District; J. Taylor Phillips, 27th District; and Julian Webb, llth District. The Speaker appointed as members from the House, Repre sentatives George D. Busbee, Dougherty County; Jack Etheridge, Fulton County; and Bart E. Shea, Chatham County. At its organizational meeting, the Committee elected Senator Taylor Phillips and Representative George Busbee as Co-Chairmen. Pursuant to the Resolutions, the Committee has met with the Legislative Counsel and has studied and discussed the various problems involved. Its findings, conclusions, and recommendations are presented hereinafter.
FINDINGS AND RECOMMENDATIONS
The Constitution of 1945 was presented to the people for ratification mainly on the basis that the previous Constitution of 1877 had been amended so many times it had become a patchwork Constitution. It was intended that the new Constitution be written in such a manner that it would not be necessary to amend it except on rare occasions. Unfortunately, however, the problems which existed, instead of being solved, have actually been compounded. This is shown by the fact that in its 68 year history, the 1877 Constitution was amended 301 times, whereas in the comparatively short span of its life, the 1945 Constitution has been amend ed 381 times. While it is true that the great majority of the 381 amendments have been local in nature, the number of general amendments, 54, is amazing and cer tainly not in keeping with sound theories of constitutional government.
The concept of constitutional government contemplates that the Constitution itself shall contain the basic and fundamental principles of government, leaving the details to be provided for by statutory law. It is only necessary to note the vast number of amendments to the Georgia Constitution to determine that its provisions are too detailed. This is true in spite of the fact that the General As sembly of Georgia is authorized to enact any law which is not specifically pro hibited by our Constitution. This is contrary to the authority of the United States Congress which may enact only such statutes as are authorized by the United States Constitution, yet our Federal Constitution has only been amended a total of 22 times in its history. It is agreed that judicial interpretation accounts for some of the disparity in laws, but this certainly does not explain the vast number of amendments to the Georgia Constitution. It is also admitted that a State
2064
JOURNAL OF THE HOUSE,
Constitution of necessity must be in more detail then the Federal Constitution, but here again there is certainly no need for such a large number of amendments.
This Committee feels that no purpose would be served by creating a Constitu tional Revision Commission if its purpose would be merely to edit the present Constitution. The Committee feels most strongly, however, that a Constitutional Revision Commission should be created for the purpose of revising the Constitu tion based on the concept that its primary function should be to contain the basic and fundamental law of our State Government. It is felt that such a Commission can make a substantial and permanent contribution to a better State, and we, therefore, recommend to the Governor and to the General Assembly that legisla tion be enacted at the 1963 Session creating a Constitutional Revision Com mission. It is further recommended that the Commission proceed at the earliest possible moment to diligently pursue its work and make progress reports from time to time to the Governor and to the General Assembly. The Commission should be clothed with the authority to determine when its work is completed, but should make its final report with such proposed amendments or completely revised Constitution as it deems necessary and advisable, on or before December 1, 1965, in order that legislation may be enacted at the 1966 session of the General Assembly and proposals presented to the people at the General Election in November of 1966.
Respectfully submitted:
/s/ J. Taylor Phillips, Senator, 27th District, Co-Chairman
/s/ George D. Busbee, Rep. Dougherty County, Co-Chairman
REPORT AND RECOMMENDATIONS INTERIM COMMITTEE
DEFENSE AND VETERANS AFFAIRS
The Interim Committee for Defense and Veterans Affairs was authorized by Senate Resolution 116 in the 1962 session of the general assembly, for the purpose of investigating Civil Defense and fall out shelters as compared with that of other nearby states. Members of the committee were composed of the following members of the Georgia State Senate:
Senator Elden W. Matthews, 48th District Senator Talmadge Harden, 27th District Senator J. L. White, 39th District Senator Oscar Raynor, 4th District Senator J. T. Dailey, llth District Senator G. V. Green, 44th District, Advisor.
The committee was duly organized with Senator E. W. Mathews, Chairman, Senator T. F. Harden, Vice Chairman, Senator Oscar Raynor, Secretary.
INTERIM COMMITTEE REPORTS
2065
Various statements had been made regarding the standing of Georgia in the field of Civil Defense and the committee decided to visit the various South eastern states for a comparison with the Civil Defense set up of our own state.
During our travels we have investigated Civil Defense in Georgia, including Athens, Atlanta and several other cities.
We have checked Civil Defense in Knoxville and Oak Ridge, Tennessee, Asheville and Raleigh, North Carolina, Greenville, Columbia and Charleston, South Carolina and have spent a considerable length of time checking the Georgia Civil Defense set up with that of surrounding states.
We find that in Raleigh, North Carolina, there have been supplies in some fall out shelters for several months.
We find that Greenville, South Carolina, on the border of Georgia, has a more complete set up than does any city in the state of Georgia.
It is our finding that Georgia lags in most every phase of Civil Defense. For instance, in Athens, Georgia, we found that the Civil Defense Director in the City of Athens and Clarke County was unable to get government lease agree ments signed so that the buildings of the University of Georgia might be approved for fall out shelter purposes. After our visit to that city, the Civil Defense Director wrote, and we quote, "Thanks to you, President Aderholt has signed lease agreements which will provide for shelters for over 1250 people."
After our visits to various cities and the resulting publicity, for the first time, some of the Area Directors in Georgia, made regular calls to cities in their areas.
We found, also, a great deal of apathy on the part of the people -- a re luctance to sign lease agreements for fall out shelters because of personal liability.
The committee further found that in many cases the office of Civil Defense Director was given to people by County Commissioners and City officials as a political pay off, or to help some one out financially.
We found the City of Atlanta to have an elaborate Civil Defense set up with a tremendous budget and with not a single fall out shelter marked, even though it had more available buildings suitable for fall out shelters than any two cities in Georgia. We further found that there were no fall out shelter provisions in the State Capitol or State Office- buildings until after we had made the matter public. We found that there was no organized radio teletype net work to give the people warning in case regular lines of communication through telephone, radio and T.V. were cut off through power failures. We found that the Public Health Service of Georgia was not participating in Home and Emergency medical treatment classes as set up by the Federal government.
In Charleston, South Carolina, 12 of these classes were being conducted while we were there. We found no portable radio network set up in a Georgia county such as we found in Greenville County, South Carolina.
2066
JOURNAL OF THE HOUSE,
We found no law on our statutes providing for a line of succession of public officials such as exists in North and South Carolina.
We found no laws giving property owners protection from liability when they turned their buildings over on leases for fall out shelters.
We found no Civilian Defense set up in our state universities and colleges or in state hospitals and institutions.
We found no state wide set up for training of public and parochial school children on what to do if an emergency in civil defense arose.
We found that the State had no public information set up to keep the people aware of the dangers of atomic fall out.
In South Carolina, the Governor has made numerous appearances in behalf of Civil Defense on both T.V. and radio.
The Interim Committee on Defense and Veterans Affairs in Georgia, will make these recommendations:
1. That legislation be enacted by the incoming legislature to make Civil Defense a separate department from that of the Adjutant General. Below is the content of the South Carolina Civil Defense Act as amended 1958, effective February i, 1959.
44-301
1958 Cumulative Supplement
44-314
Chapter 3.
South Carolina Civil Defense Act
Sec.
Sec.
44-301 to 44-308 (Repealed) 44-309 Short title. 44-313 Office, supplies, etc. 44-314 Duties and powers of Director. 44-310 Civil Defense Agency; plan
44-311 Director of Civil Defense; appointment, salary and term
44-312 Deputy Director; other help 44-315 Report of Director 44-316 County Civil Defense
agencies; plans 44-317 Invalidity
44-301 to 44-308. Short title; local organizations for civil defense. Repealed by A. & J. F. 1958 (50) 1897 Cross reference -- See now 44-309, et seq. Editor's note -- Repeal effective 2-1-59
44-309. Short title.
This chapter may be cited as the South Carolina Civil Defense Act. 1958 (5) 1897.
Editor's note -- Chapter effective 2-1-59
44-310. Civil Defense Agency; plan.
There is hereby created a civil defense agency which shall establish a civil
INTERIM COMMITTEE REPORTS
2067
defense plan for this State and which shall coordinate the plan of the State with county defense plans. The plan shall provide for the possibility of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, fire, flood, earthquake or other causes and insure prepared ness of the State to adequately deal with such disasters and shall generally provide for the common defense and protect the public peace, health and safety of lives and property of the State. 1958 (50) 1897
44-311. Director of Civil Defense; appointment, salary and term.
The Governor shall appoint, by and with the advice and consent of the Senate, a Director of Civil Defense who shall be employed on a full time basis at such salary as may be set by the General Assembly. The term of office shall be conterminous with that of the Governor and until his successor is appointed and shall qualify. 1958 (50) 1897.
44-312. Deputy Director; other help.
The Director may employ a Deputy Director and such technical, clerical, stenographic and other personnel as are necessary. He may fix their compensa tion, make such expenditures within the appropriation, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter, subject to the approval of the State Budget and Control Board. 1958 (50) 1897.
44-313. Office, supplies, etc.
The Director and other personnel of the Agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery, printing, etc., in the same manner as provided for any other State agency. 1958 (50) 1897.
44-314. Duties and powers of Director.
The Director shall be the executive head of the Agency and shall be re sponsible to the Governor for carrying out the program for civil defense of the State. He shall coordinate the activities of all organizations for civil defense within the State, shall maintain liaison with the cooperate with civil defense agencies and organizations of other states and of the Federal Government and shall have such additional authority, duties and responsibilities as authorized by this chapter. 1958 (50) 1897.
44-315. Report of Director.
The Director shall make a detailed report of the activities of the Agency and report its expenditures annually to the General Assembly as is prescribed for other agencies of the State Government. 1958 (50) 1897.
44-316. County civil defense agencies; plans.
The legislative delegation, including the Senator, from each county, and mayors of municipalities within such counties, shall select a county chairman who shall organize and establish a county organization for civil defense in ac cordance with the State civil defense plan and program. Such county chairman shall cooperate with adjacent counties in their defense plans and with the Di rector in coordinating that of his own county with the plan of other counties
2068
JOURNAL OF THE HOUSE,
and the State. Any defense plan devised by a county chairman shall have the approval of the legislative delegation, including the Senator and mayors of municipalities within such counties, before being published, promulgated or acted on. 1958 (50) 1897.
44-317. Invalidity.
If any provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid pro vision or application, and to this end the provisions of this chapter are declared to be severable. 1958 (50) 1897.
North and South Carolina have already done so.
2. The Civil Defense Director shall be appointed by the Governor to serve at his pleasure, but the Assistant Director and all other personnel shall come under the merit system as in the two Carolinas.
3. The legislature shall set up a budget for this department along the lines of North and South Carolina, who allot approximately a hundred thousand dollars annually, which is matched by the Federal Government. This does not include cost of radio equipment.
4. A radio teletype network be set up to operate on a 24 hour basis in each county of the State just as it now does in South Carolina, where there is such a set in every county police or sheriff's Department with many cities paying $75.00 monthly for a hook up on this radio teletype network, with headquarters in Columbia, South Carolina. In addition, there are two or more radio bands in operation and auxilliary generators are connected up to give power if needed. Recently in South Carolina an alert took just 11 minutes to be received and verified in every outlet in the state on radio teletype. In addition, many counties have portable networks all over the county such as Greenville, South Carolina, which has 19 such units.
5. Passage of a law such as both North and South Carolina have which will free property owners from liability when the public uses their buildings as bomb shelters either in an alert or during an actual bombing. Many property owners will not sign government leases in Georgia because of lack of this law.
State of South Carolina
Calendar No. H. 1275
Introduced by Military, Public and Municipal Affairs Committee Printer's No. 155-H -- Read the first time, Feb. 9, 1961. The Committee on Military, Public and Municipal Affairs To whom was referred a Bill (H. 1275), to provide that persons who
2 allow their property to be used as public shelters for civil defense purposes
3 shall not be civilly liable for the injury or death of any person, etc., respect fully
REPORT
That they have duly and carefully considered the same and
2 recommended that the same do pass.
JOHN M. KIRBY, for Committee
INTERIM COMMITTEE REPORTS
2069
A BILL
To provide that persons who allow their property to be used as public shelters for Civil Defense purposes shall not be civilly liable for the injury or death of any person who may be injured or killed on such premises, or for the loss of or damage to the property of any person on such premises.
Be it enacted by the General Assembly of the State of South Carolnia:
Section 1. No person owning or controlling property who
2 voluntarily and without compensation permits such property to be
3 used as a public shelter for civil defense purposes shall be
4 civilly liable for the injury or death of any person who may be
5 injured or killed on such premises, or for the loss of or damage
6 to the property of any person on such premises, during any time such premises are actually being used as a public shelter.
Section 2. All acts or parts of acts inconsistent herewith are repealed.
Section 3. This act shall take effect upon approval by the Governor.
----------XX----------
Passed and approved by the Governor
6. Passage of a line of succession for public office holders by the legislature similar to those in effect in North and South Carolina. Here each elected officer names seven people to succeed him in case of a terrific death toll so that the carrying on of Government will not cease to function because of a terrific death toll. This law applies in case the Governor and Lt. Governor are killed and includes legislators, judges, etc. A copy of this South Carolina Bill is attached.
7. Our State Health Department to participate fully in the program sponsored by the Federal Government which is the teaching of a 12 hour course in Home Medical Care. In Charleston, South Carolina, 12 classes of 12 hours each were being conducted when we visited there. This training is good in any catastrophe and is a part of Civil Defense.
8. Each and every college in the State of Georgia should follow the ex ample of Furman in Greenville and other colleges in South Carolina and have a complete Civil Defense set up with each and every student and teacher knowing exactly what to do and when in case of emergency.
9. The same program should be followed in our public school systems through out the State of Georgia. Such a program is now in effect in the Carolinas.
10. Secure a public information officer to advise the people through the press and radio as well as television what they can do to protect themselves par ticularly in areas where there are no 100% shelters.
11. Get the Governor to appear on radio and television to impress upon the people the need for paying strict attention to the Civil Defense effort. Governor Rollings of South Carolina does exactly that.
2070
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12. Every new building constructed by Federal, State and local should have shelter built into the facility if at all possible, particularly schools, audi toriums and gyms. Federal tests have shown that costs for this work is far les than original estimates indicated.
13. Establish a program of State financial aid for the construction of fall out shelters at schools, colleges and universities to protect our school chil dren and our young men and women in whom lie our hopes for the future.
14. Authorize a ten fold increase in funds for the construction of shelter pro tection for students, State workers and other occupants of State buildings and institutions including units of the State University.
15. Provide for an information and counseling service to furnish technical advice and other information regarding shelter protection to encourage the development of shelter protection for all the people of the State.
16. Establish and implied warranty by builders and sellers that shelters meet the standards for fall out protection established by the Civil Defense Com mission.
17. Establish civil and criminal penalties for sellers and builders of shelters if the shelters are below the standards of fall out protection set by the Civil Defense Commission and the buyer is not so informed.
18. Remove unnecessary obstacles to shelter construction contained in pro visions of local building regulations or restrictive convenants.
19. Authorize funds to supplement those presently available to develop specific plans for rehabilitation and recovery of all phases of the economic and social life of the State after attack.
We offer these recommendations to the legislative bodies of the 1963 legis lature.
We wish to thank the many people who helped us in this survey, including General Hollaran, Civil Defense Director of Greenville County, South Carolina, Col. John Thorne, Civil Defense Director, Raleigh, North Carolina, General Dillon, Civil Defense Director, Charleston, South Carolina, Chas. B. Culbertson, State Director, Civil Defense, State of South Carolina, Ross Miller, State of South Carolina, W. D. Simpson, Civil Defense Director, Athens, Georgia, Mrs. Nora Gunter, Civil Defense Director, Buncombe County, North Carolina, Archie B. Noell, Civil Defense Director, North Carolina, Elliot Jackson, Civil Defense Director, Atlanta, Georgia, H. Walace Newman, Knoxville, Tennessee, Don McKay, Oak Ridge, Tennessee, Col. Rund, Operations Officer, Greenville, South Carolina, Civil Defense, Col. Wallace Dawson, Asst. State Civil Defense Direc tor, State of North Carolina.
Is/ Elden W. Mathews, Chairman Senator, 48th District /s/ Talmadge F. Harden, V.-Chairman, Senator, 27th District /s/ Oscar Raynor, Secretary, Senator, 4th District /s/ J. L. White, Member, Senator, 39th District /s/ J. T. Dailey, Member, Senator, llth District /s/ Gaston V. Green, Member, Senator, 44th District
INTERIM COMMITTEE REPORTS
2071
A BILL
Calendar No. H. 2415
To Provide for the Continuity of the General Assembly in the Event of an Attack by an Enemy of the United States.
Be it enacted by the General Assembly of the State of South Carolina:
Section 1. This act shall be known as the "Emergency Interim Legistative Succession Act."
Section 2. The General Assembly declares: (1) that recent technological developments make possible an enemy attack of unprecedented destructiveness, which may result in the death or inability to act of a large proportion of the membership of the General Assembly; (2) that to conform in time of attack to existing legal requirements pertaining to the General Assembly would be im practicable, would admit of undue delay, and would jeopardize continuity of operation of a legally constituted General Assembly; and (3) that it is there fore necessary to adopt special provisions as hereinafter set out for the effec tive operation of the General Assembly.
Section 3. As used in this act:
(a) "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this State whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods.
(b) "Unavailable" means absent from the place of session (other than on official business of the General Assembly), or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a member of the General Assembly, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.
Section 4. Each member of the General Assembly (hereinafter referred to as legislator) shall designate not fewer than three nor more than seven emer gency interim successors to his powers and duties and specify their order of succession. Each legislator shall review and, as necessary, promptly revise the designations of emergency interim successors to his powers and duties to insure that at all times there are at least three such qualified emergency interim successors.
Section 5. An emergency interim successor is one who is designated for possible temporary succession to the powers and duties, but not the office, of a legislator. No person shall be designated or serve as an emergency interim suc cessor unless he may under the Constitution and statutes hold the office of the legislator to whose powers and duties he is designated to succeed, but no consti tutional or statutory provision prohibiting a legislator from holding another office or prohibiting the holder of another office from being a legislator shall be applicable to an emergency interim successor. An emergency interim successor shall serve at the pleasure of the legislator designating him or of any subsequent
incumbent of the legislative office.
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Section 6. Prior to an attack, if a legislator fails to designate the required minimum number of emergency interim successors within thirty days following the effective date of this act, or after such period, if for any reason the number of emergency interim successors for any legislator falls below the required min imum and remains below such minimum for a period of thirty days, then the presiding officer of the same house as such legislator shall promptly designate as many emergency interim successors as are required to achieve such minimum number, but the presiding officer shall not assign to any of his designees a rank in order of succession higher than that of any remaining emergency interim successor previously designated by a legislator for succession to his own powers and duties. Each emergency interim successor designated by the presiding officer shall serve at the pleasure of the person designating him, but the legislator for whom the emergency interim successor is designated or any subsequent incum bent of his office may change the rank in order of succession or relace at his pleasure any emergency interim successor so designated.
Section 7. Each designation of an emergency interim successor shall become effective when the legislator or presiding officer making the designation files with the Secretary of State the successor's name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the legislator or presiding officer so acting files this information with the Secretary of State. All such data shall be open to public inspection. The Secretary of State shall inform the Governor, the State Office of Civil Defense, the Clerk of the House concerned and all emergency interim successors, of all such designations, removals and changes in order of succession. The Clerk of each House shall enter all information re garding emergency interim successors for the House in its public journal at the beginning of each legislative session and shall enter all changes in membership or order of succession as soon as possible after their occurrence.
Section 8. Promptly after designation each emergency interim successor shall take the oath required for the legislator to whose powers and duties he is designated to succeed. No other oath shall be required.
Section 9. Each emergency interim successor shall keep himself generaly in formed as to the duties, procedures, practices and current business of the General Assembly, and each legislator shall assist his emergency interim successors to keep themselves so informed.
Section 10. Whenever in the event of an attack, or upon finding that an attack may be imminent, the Governor deems the place of session then pre scribed to be unsafe, he may change it to any place within or without the State which he deems safer and convenient.
Section 11. In the event of an attack, the Governor shall call the General Assembly into session as soon as practicable, and in any case within ninety days following the inception of the attack. If the Governor fails to issue such call, the General Assembly shall, on the ninetieth day from the date of inception of the attack, automatically convene at the place where the Governor then has his office. Each legislator and each emergency interim successor, unless he is certain that the legislator to whose powers and duties he is designated to succeed or any emergency interim successor higher in order of succession will not be unavailable, shall proceed to the place of session as expeditiously as practicable. At each session or at any session in operation at the inception of the attack,
INTERIM COMMITTEE REPORTS
2073
and at any subsequent sessions, limitations on the length of session and on the subject which may be acted upon shall be suspended.
Section 12. If in the event of an attack a legislator is unavailable, his emergency interim successor highest in order of succession, who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and assume the duties of such legislator. An emergency in terim successor shall exercise these powers and assume these duties until the incumbent legislator, an emergency interim successor higher in order of succes sion, or a legislator appointed or elected and legally qualified can act. Each house of the General Assembly shall, in accordance with its own rules, determine who is entitled xinder the provisions of this act to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertain ing to ouster of a legislator shall be applicable to an emergency interim succes sor who is exercising the powers and assuming the duties of a legislator.
Section 13. When an emergency interim successor exercises the powers and assumes the duties of a legislator, he shall be accorded the privileges and im munities, compensation, allowances and other perquisites of office to which a legislator is entitled. In the event of an attack, each emergency interim succes sor, whether or not called upon to exercise the powers and assume the duties of a legislator, shall be accorded the privileges and immunities of a legislator while traveling to and from a place of session and shall be compensated for his travel in the same manner and amount as a legislator. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of office of an incumbent legislator.
Section 14. In the event of an attack, (1) quorum requirements for the General Assembly shall be suspended, and (2) where the affirmative vote of a specified proportion of memebrs for approval of a Bill, Resolution or other action otherwise be required, the same proportion of those voting thereon shall be suf ficient.
Section 15. The authority of emergency interim successors to succeed to the powers and duties of legislators, and the operation of the provisions of this act relating to quorum, the number of affirmative votes required for legislative action, and limitations on the length of sessions and the subjects which may be acted upon, shall expire two years following the inception of an attack, but nothing herein shall prevent the resumption before such time of the filling of legislative vacancies and the calling of elections for the General Assembly in accordance with applicable constitutional and statutory provisions. The Gov ernor, acting by proclamation, or the General Assembly, acting by concurrent re solution, may from time to time extend or restore such authority or the opera tion of any of such provisions upon a finding that events render the extension or restoration necessary, but no extension or restoration shall be for a period of more than one year.
Section 16. This act shall take effect upon approval by the Governor.
2074
JOURNAL OP THE HOUSE,
A BILL
Calendar No. H. 2416
To Authorize the Establishment of an Emergency Seat of Government for the State and to Authorize the Exercise of Governmental Powers and Functions Thereat.
Be it enacted by the General Assembly of the State of South Carolina:
Section 1. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it be comes imprudent, inexpedient or impossible to conduct the affairs of state gov ernment at the normal location of the seat thereof in the City of Columbia in Richland County, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this State as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of State government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of govern ment until the General Assembly shall by law establish a new location, or locations, or until the emergency is declare to be ended by the Governor and the seat of government is returned to its normal location.
Section 2. During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority of this State, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.
Section 3. The provisions of this act shall control and be supreme in the event it shall be employed notwithstanding the provisions of any other law to the contrary or in conflict herewith.
Section 4. This act shall take effect upon approval by the Governor. --------------XX--------------
A BILL
Calendar No. H. 2417
To Provide, in the Event of Attack Upon the United States, for the Con tinuity of the Executive and Judicial Functions of the Government of the State and the Governments of Political Subdivisions of the State by Providing for Additional Officers Who Can Act as Governor; to Provide for Emergency In terim Succession to Other Executive Offices of the State and Its Political Sub divisions; to Provide for Special Emergency Judges and to Authorize Political Subdivisions to Enact Resolutions and Ordinances Relating to the Subject.
Be it enacted by the General Assembly of the State of South Carolina:
INTERIM COMMITTEE REPORTS
2075
Section 1. This act shall be known and may be cited as the "Emergency Interim Executive and Judicial Succession Act."
Section 2. Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the State and its political subdivisions; to provide for the effective operation of govern ments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to governmental offices of this State and its political subdivisions in the event the incumbents thereof (and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices -- hereinafter referred to as deputies) are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.
Section 3. Unless otherwise clearly required by the context, as used in this act:
(a) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vac ancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
(b) "Emergency interim successor" means a person designated pursuant to this act, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
(c) "Office" includes all State and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the office of Governor, and except those in the General Assembly and the judiciary.
(d) "Attack" means any attack or series of attacks by an enemy of the United States, causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bac teriological, or biological means or other weapons or processes.
(e) "Political subdivision" includes counties, cities, towns, villages, town ships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
Section 4. In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his office, or is unavailable, and in the event the Lieutenant Governor, Presi dent pro tempore of the Senate, and the Speaker of the House of Representatives
2076
JOURNAL OP THE HOUSE,
be for any of the reasons specified in the Constitution not able to exercise the powers and discharge the duties of the office of Governor, or be unavailable, the Secretary of State, State Treasurer or Attorney General shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of Governor until a new Governer is elected and qualifies, or until a preceding named officer becomes available; provided, however, that no emergency interim successor to the aforementioned offices may serve as Gov ernor.
Section 5. All State officers, subject to such regulations as the Governor (or other official authorized under the Constitution and this act to exercise the powers and discharge the duties of the office of Governor) may issue, shall, upon approval of this act, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this act to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three nor more than seven such deputies or emergency interim successors or any combination thereof, at any time. In the event that any State officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the powers of his office shall be exercised and the duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emer gency interim successors shall exercise the power and discharge the duties only until such time as the Governor under the Constitution or authority other than this act (or other official authorized under the Constitution or this act to exercise the powers and discharge the duties of the office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes avail able to exercise or resume the exercise of the powers and discharge the duties of his office.
Section 6. With respect to local offices for which the governing bodies of cities, towns, villages, townships, and counties may enact Resolutions or Ordinances relative to the manner in which vacancies will be filled or temporary appoint ments to office made, such bodies are hereby authorized to enact Resolutions or Ordinances providing for emergency interim successors to offices of such gov ernmental units. Such Resolutions and Ordinances shall not be inconsistent with the provisions of the act.
Section 7. The provisions of this section shall be applicable to officers of political subdivisions (including, but not limited to, cities, towns, villages, townships and counties, as well as school, fire, power, water, sewer, watershed conservation, public service and drainage districts) not included in Section 6. Such officers, subject to such regulations as the executive head of the political subdivisions may issue, shall upon approval of this act, designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this act to insure their current status. The officer will designate a sufficient number of persons so that there will be not less than three, nor more than seven, deputies or emergency interim successors or any combination thereof, at any time. In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the
INTERIM COMMITTEE REPORTS
2077
office shall be exercised and duties shall be discharged by his designated emer gency interim successors in the order spcified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which des ignated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes; or until the officer (or his deputy, or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his office.
Section 8. In the event that any judge of any court is unavailabe to ex ercise the powers and discharge the duties of his office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed in accordance with the provisions of the Constitution or statutes is available to exercise the powers and discharge the duties of such office, the duties of the office shall be discharged and the powers exercised by the special emergency judges hereinafter provided for:
(a) The Governor, upon approval of this act, shall designate for each member of the Supreme Court special emergency judges in the number of not less than three nor more than seven for each member of the court, and shall specify the order of their succession.
(b) The Chief Justice of the Supreme Court in consultation with the other members of the court, upon approval of this act, shall designate for each court of record except the Supreme Court, special emergency judges in the number of not less than three nor more than seven for each judge of the courts, and shall specify the order of their succession.
(c) The judge of the circuit court, upon approval of this act, shall designate not less than three special emergency judges for courts not of record within that circuit and shall specify their order of succession.
The special emergency judges shall, in the order specified, exercise the powers and discharge the duties of such office in case of the unavailability of the regular judge or persons immediately preceding them in the designation. The designating authority shall review and revise, as necessary, designations made pursuant to this act to insure their current status.
The special emergency judges shall discharge the duties and exercise the powers of such office until such time as a vacancy which may exist shall be filled in accordance with the Constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to ex ercise the powers and discharge the duties of the office.
Section 9. At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
Section 10. Officials authorized to act as Governor pursuant to this act, emergency interim successors and special emergency judges are empowered to exercise the powers and discharge the duties of an office as herein authorized
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JOURNAL OF THE HOUSE,
only after an attack upon the United States, as defined herein, has occurred. The General Assembly by concurrent Resolution, may at any time terminate the authority of the emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as herein provided.
Section 11. Until such time as the persons designated as emergency in terim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this act, including Section 10 hereof, the persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without cause.
Section 12. Any dispute concerning a question of fact arising under this act with respect to an office in the executive branch of the State government (except a dispute of fact relative to the office of Governor) shall be adjudicated by the Governor (or other official authorized under the Constitution and this act to exercise the powers and discharge the duties of the office of Governor) and his decision shall be final.
Section 13. This act shall take effect upon approval by the Governor. ----------XX------------ Calendar No. H. 2418 A BILL
To Authorize Political Subdivisions of this State to Establish an Emergency Temporary Location, or Locations, for Their Seats of Government and to Ex ercise Governmental Powers and Functions Thereat.
Be it enacted by the General Assembly of the State of South Carolina:
Section 1. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place thereof, the governing body of each political sub division of this State may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two members of such governing body, and shall proceed to establish and designate by Ordinance, Resolution or other manner, alternate or substitute sites or places at the emergency temporary location, or locations, the governing body and other or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this State.
Section 2. During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a poiltical subdivision of this State shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time
INTERIM COMMITTEE REPORTS
2079
consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if per formed within the territorial limits of their political subdivision.
Section 3. The provisions of this act shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith.
Section 4. This act shall take effect upon approval by the Governor.
REPORT OF THE JOINT COMMITTEE ON EDUCATION General Assembly -- State of Georgia -- December, 1962
December 31, 1962
The Honorable George L. Smith II Speaker, House of Representatives Members of the Georgia State House of Representatives
Pursuant to HR 649 and HR 650, Sub-committees of the House Education Committee and the House University System Committee, working as the Joint Committee on Education, herewith submit an outline of the various sub-committee studies and their report and recommendations. Also included in this report is a brief summary of the recommendations of the past several legislative committees on education.
J. Battle Hall, Chairman House Education Committee
Chappelle Matthews, Chairman House University System Committee
HR 649. By Messrs. Keyton of Thomas, Parker of Screven, Newton of Colquitt, Davis of Wayne, Melton of Spalding, and Hall of Floyd:
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 accomplished out standing results in the educational field giving to the Legislature 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 fields of education; and
WHEREAS, it was apparent to said Committees that a much broader analyti cal study should be made in order to coordinate proper solutions and to provide
2080
JOURNAL OF THE HOUSE,
needed information to the members of the Legislature about vital problems in education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRE SENTATIVES that the Education Committee of the House be authorized to make further studies and analyses of educational problems as is deemed necessary. The Chairman 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 as authorized by the Speaker of the House of Representatives and incur necessary expense for supplies, etc. Said Committee is hereby author ized to make such trips as it deems necessary for a full and complete investi gation 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, Melton of Spalding and Matthews of Clarke:
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 Committee of 1961 accomplished out standing results in the educational field giving to the Legislature 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 analyti cal 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 REPRE SENTATIVES that the University System of Georgia 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 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 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 matters as author ized 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
INTERIM COMMITTEE REPORTS
2081
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.
STATEMENT BY THE CO-CHAIRMEN
As we planned the work of these Committees we asked these three questions: namely,
(1) What is the function in general of these Committees?
(2) What are some of our main goals or objectives?
(3) How shall we go about working to accomplish these aims?
As a background for the consideration of question one--What is our function, we referred to the Joint Committee's Report of 1961 in which we agreed upon the "Bases for Recommendations". To quote some of the criteria:
"The State of Georgia is obligated to provide an opportunity for every child to have access to a quality education program regardless of where the child lives.
The money should be secured where the wealth is to provide the educational program where the children are. All should share in the cost according to their ability to pay taxes.
The State Department of Education, the State Board of Education, and the Legislature have separate and distinct responsibilities 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 pro fessional technical skills for planning, administering, supervising, and evaluating the program. It should do the research necessary to find ways to improve the quality and scope of the program. It is the 'professional 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 representatives, the Legislature.
(b) The Legislature makes the decisions as to the relative amount 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."
Some might say the Legislature should accept, without question, the plan handed it by the professional group--that the layman does not have the knowhow to judge the professional plan. This does not necessarily follow.
Although the above statements refer more specifically to the State Board of Education and the public school program, the same applies also to the Uni versity System of Higher Education and the Board of Regents.
It appeared that the function of the Joint Committee was in the main to evaluate the plans and programs worked out by the professional technical groups
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of the State represented by the State Board of Education, the State Board of Regents, and others working through those official channels. This Committee represents and informs the Legislature relative to the programs it should "buy". The Legislature represents the people of the State. The Committee also looked into the work of these professional groups to see if their programs were adequate, comprehensive in scope, and that no parts of an adequate program were neglected.
Let us consider the second question we posed in the beginning--What are some of our main goals or objectives? We assumed here that the professional groups that recommend programs of action had taken representatives of various professional and lay organizations, interested in the welfare of the people of the State, into their planning of educational programs. A good illustration is the PIE (Program of Improvement of Education in Georgia). The Joint Com mittee studied recommendations that had been made by this and other professional groups.
We also studied goals and objectives from the reports of planning done by our Southern Regional Education Board which has been sponsored by southern governors for the past several years. More specifically, we call your attention to the "Report of the Commission on Goals for Higher Education in the South" made after a study by a distinguished group of educators and laymen. This report states five goals:
"(1) To provide every individual with opportunity for maximum develop ment of his abilities.
(2) To produce citizens responsive to the social, economic and political needs of their time.
(3) To achieve excellence in teaching, scholarship and research.
(4) To accelerate the economic progress of the southern region through education and research.
(5) To guide the region in solving social problems created by popula tion changes, racial differences, urbanization and technological growth."
Since our great State is the core of the Southeast, we should make the great est advance toward these goals as well as others we may set up. These goals refer more specifically to the work of our higher education institutions and adult programs. However, we must tie in the earlier education program with this higher education program. We must look judiciously at all phases of our develop mental program in Georgia. We will do well to look at the recommendations of this Commission in our planning for Georgia's education improvement program
for the next five or ten years.
The third question we posed in the beginning was--How shall we go about working to accomplish this program ?
The Commission Report to which we referred recommended among other things: "Every Southern State should have a central agency for long-range planning and coordination of higher education." This might be applied to both our public school program and to our higher education program since the two are closely related and one depends upon the other. Then, should we not have a central, or certainly a coordinated agency, whereby over-all state planning might
INTERIM COMMITTEE REPORTS
2083
take place so as to project our education needs for the next five or ten years? This should keep us from getting on our "education horse" and everyone trying to ride off in every direction.
This Committee then began in the direction defined by the following points:
(1) Gathered information and data as to how well our present agencies are planning for our immediate and long-range education needs.
(2) Gathered facts and data on Georgia's status as related to needs and goals outlined in the Commission's Report.
(3) The work was so tremendous that a division of effort was devised. Committees were set up to explore present status and future needs of special vocational schools, trade school program, junior college program, financing Minimum Foundation Program, and teacher's salaries--both public school and university system.
(4) Gathered facts and date from other states in the southern region as to how they are implementing the program recommended by the above mentioned Commission.
(5) Much of the preliminary work of gathering facts and data on present programs; work of each agency now working within both public school and higher education programs; and how Georgia's needs relate to regional southern needs for the next 5 or 10 years was done by staff effort during the first months without many Committee meetings.
(6) Finally the Joint Committee attempted to fit together the work of the several small committees into a well balanced program, and makes the following report on findings, procedures, and recommendations.
J. Battle Hall, Chairman Education Committee
Chappelle Matthews, Chairman University System Committee
RESUME OF COMMITTEE PROCEDURES
The procedures used by the Joint Education Committee of the House consisted of a variety of types: namely, (1) hearings at which testimony was taken or presentations were made; (2) visits to other states at which time State Depart ments of Education, Boards of Higher Education, or colleges within the state were visited; (3) Southern Regional Education Board was visited and research consultants were interviewed; (4) conferences on pertinent problems in educa tion were attended; (5) a variety of publications, charts, graphs, and survey reports pertaining to post-high school education was gathered and analyzed; (6) procedures of the State budget authorities and preliminary budget requests of the State Board of Education and the State Board of Regents were analyzed.
Sub-committees studied various phases of the State's education program such as (1) appropriations for public schools and for higher education; (2) Mini mum Foundation Program for Education formula; (3) community junior college program; and (4) vocational-technical school program for high school, post-high school, and adult education.
Visits were made to the following states and/or reports were secured:
North Carolina, Virginia, Florida, Cailfornia, and Iowa. Five comprehensive
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community junior colleges in addition to the State Department of Education in California were visited by a sub-committee. These represented a cross section of community junior colleges from larger to smaller and from urban to rural areas. California has had the longest and most varied experience with community junior colleges. Florida has had approximately five years experience with this comprehensive type program. North Carolina is a sample of a state going in one direction with a liberal arts type junior college program and now changing to a statewide program of the comprehensive type community junior college. It is also the state nearest Georgia's size and nature that has a very high percentage of private education institutions on four year college and junior college levels.
The sub-committee on M.F.P.E. and appropriations study held one session to hear the report of the State Coordinating Committee for Education. This group gave a breakdown of required legislation which state education agencies have agreed to sponsor in 1963.
The sub-committee on M.F.P.E. received completed tax digest valuation studies of all the counties in the State made by Mr. Campbell's Property Tax Division.
The Junior College Sub-Committee consulted with Dr. A. J. Brumbaugh, Research Consultant for the Southern Regional Education Board. This was re corded by court reported, and is available for reference. Also available for refer ence is a transcript of the Committee hearings, North Carolina Statewide Survey of Higher Education, the North Carolina Governor's Commission Report, publi cations of the California Department of Education concerning all aspects of comprehensive junior college (financing, curriculum, administrative organization, individual junior college catalogs, record of day-long conference with Dr. Gerald D. Cresci on a practical application of the community junior college program, etc.); Florida's Comprehensive Junior College Story with charts showing five year growth and other pertinent facts; Iowa's report of statewide study with recommendations on education beyond the high school level; and other publica tions from the National Association of Junior Colleges.
RECOMMENDATIONS OF JOINT HOUSE EDUCATION COMMITTEE
It is recommended that the Governor and the General Assembly by appropriate action set into effect in 1963 a complete study and analysis of Georgia's total educational needs from the first grade through the university level. The Commit tee feels that this can best be accomplished by the establishment of a state-wide citizens' study commission with sufficient authority to effect a thorough and detailed study and evaluation of all facets of education including, but not limited to: our common schools--curriculum, transportation, teachers' salaries, teacher allotment, local system operations, physical education, extra-curricular activities, vocational education in high schools, school libraries, and supplemental services; the State Department of Education--teacher qualifications, vocational education, instructional materials, internal operations, and distribution of funds to local systems; post-high school education--area vocational schools, junior colleges operated by the Board of Regents, community junior colleges, four-year colleges and the universities. This study should result in a comprehensive projection and over-all plan for our educational needs and expenditures for the next decade, and should produce an outline for a coordinated total educational program from the first grade through the university system. The Committee further feels that
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consideration should be given to authorizing this commission to contract with an agency skilled in the techniques of conducting achievement surveys in the several schools in order to fully evaluate and compare the achievement levels in the various school systems in our state.
RECOMMENDATIONS ON POST-HIGH SCHOOL EDUCATION
1. That the State of Georgia institute a state-wide system of community junior colleges, and enact such legislation as is needed to effectuate this program during the 1963 session of the General Assembly. Refer to Appendix page 45, page 46.
2. Our community junior colleges should be established in accordance with an over-all state plan for post-high school education. This recommendation includes recommendations of a complete state-wide survey of the post-high school education needs in the state and should result in a comprehensive state plan to meet these needs. The legislature should provide the authorization and financing for the preparation of a state plan as well as define its scope and the nature of its study committee membership.
The state plan for higher education should take into account the outlook of the people of the state toward post-high school education, the kinds of education important to the state, and those persons who should be afforded opportunities for this education. The plan should recognize the geographic distribution of the state's population and provide for equality of educational opportunity to citizens living in both sparsely and densely settled areas. Provisions should be made for the inclusion of all parts of the state in com munity junior college districts. The state plan should describe the manner in which these districts may be formed, either from a single school or county district or from multiple districts or counties.
By providing for evaluation and analysis of institutional operations, the state plan should encourage qualities which will lead to full accreditation of all institutions of higher learning within the state, including community junior colleges.
3. A local community junior college should be established only after a survey which will determine the relationship of the proposed district to the state plan and the readiness of the proposed district to accept its share of responsibility.
The initiative for the local survey may come from either the local com munity or the state. In either case, the survey should be made under the guidance of professionally trained persons who understand the basic philoso phy of community junior college education. The survey team should enlist the support and assistance of a sizeable and broadly representative group of local citizens who are interested in providing additional educational oppor tunities for the community.
Underlying the establishment of any local community junior college should be a recognition by the people of the need for the institution and the values it can bring to the community. Therefore, the progress and findings of the survey should be matters of public knowledge and the local citizens group should be the agent for making this information known to the com munity. The survey report should provide the facts upon which the voter can subsequently make intelligent decisions.
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4. The legislature should establish a state agency with responsibilities for approving the establishment of the community junior college in accordance with the state plan or should assign such responsibility to an existing state agency which has over-all supervisory authority.
It should be the responsibility of the state agency to develop criteria and determine whether a proposal to establish an individual community junior college is compatible with the state plan. When the approval to establish the college is received from the state agency, the local district may then proceed to establish the institution as provided by law and the regulations of the state agency.
Minimum approval criteria, either stautory or regulatory, should govern the decision of the state agency. Suggested criteria include potential enroll ments of the college, base population of the proposed district, assessed valu ation, and the willingness of the local electorate to bear a share of the costs of operation and/or capital outlay.
The State approval agency should be protected by legislation from pressure and coercion. The rights of a community, however, to seek recon sideration of a proposal should be preserved.
Minimum standards for operation should be set up to insure quality of instruction, breadth of educational opportunity, and effectiveness of opera tion. The state agency should use appropriate means to insure that these minimum standards are met.
Approval by the state agency should be the basis for receipt of state funds by the community junior college.
The state legislature should provide an appropriation adequate to permit the effective functioning of the state agency in carrying out its responsi bilities.
5. The control of a community junior college should be vested in a local board whose sole responsibility is the operation and management of the college.
The state has the constitutent responsibility for public education, and has assigned certain parts of this responsibility to various local districts, making the actual responsibility for education a joint one. The board con trolling a community junior college should be as close as possible to the people served by the institution. The board should be responsible to the citizens and have sufficient size and tenure to carry out its responsibilities efficiently. The local board should be responsible for the community junior college alone.
This junior college legislation and state plans should provide for the cre ation of separate community junior college districts governed by separate boards of control. Each district should conform as closely as possible to the area from which the student will come.
The relationship between the local board and the state agency should be a cooperative one, affording a maximum degree of control for the local board. By having broad authority for curriculum development and services, the local board can respond directly and promptly to community needs.
6. The community junior colleges should have assurance of continued financial support with a minimum tuition burden on the students.
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Continued financial support implies that a plan with specific authoriza tion in the statutes is needed.
(a) The plan for financing should provide for the joint responsibility of the local area and the state in supporting the community junior colleges.
(b) There should be provision for an equalization measure which would insure a similar quality of educational opportunity in all sections of the state.
(c) The financial obligation of providing the necessary capital ex penditures should be shared equally by the state and the community college district.
(d) The provision of present state law regarding grants to students in community junior colleges should be sufficient to meet the State obligation for operational purposes. The balance of the operational funds should be borne by the local community junior college district.
7. The program of the community junior colleges should contribute to meeting the diverse post-high school educational needs of the community and the state.
The community junior college is properly a part of a well-planned state system of higher education; it has unique institutional characteristics of its own, and incorporates the following comprehensive educational pro gram:
(a) Transfer or university parallel curricula including pre-professional and/or liberal arts courses. Graduates of these programs are eligible to transfer to the third year of a four-year institution and to pursue studies leading to the baccalaureate degree;
(b) Technical curricula which prepare students for semi-professional employment in various fields associated with business, industry, health, and agriculture;
(c) Responsibility for post-high school programs which include curricula designed to increase occupational and vocational competence;
(d) Continuing education programs whose main focus is on educa tion beyond the high school principally for adults.
8. The organization, operation, and control of the community junior colleges should reflect both a recognition of the institutional integrity of the college and its coordinate relationships with other educational levels within the state.
The community junior college should be recognized as a distinct and unique institution in its own right. It should be neither an appendage of a secondary school nor a detached fragment of a state college or university.
The community junior college should have autonomy to develop its own program, and its operation should be under the control of a board created especially for this purpose.
Administrative leadership in the community junior college should be of high quality. This leadership should be capable of cooperative and productive relationships with other educational administrators in the state in the con sideration of mutual problems and concerns. These relationships include articulation with the secondary schools, with upper-division and graduate
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extension courses offered by the state universities, and formal involvement in the total post-high school educational program of the community and the state.
9. Many functions of post-high school education and many services and train ing functions in education transcend all levels of our educational system. There is very little coordination among our different established educational agencies. A system or agency should be provided that will solve this problem.
10. As is the policy in our elementary and high schools at the present time, it should be the policy of the State of Georgia to encourage every Georgian who can profit from training or education above the high school level to continue his education according to his ability and to the extent of his ability. Programs should be provided, tuitions should be lowered, and scholarships should be pro vided to the end that this is achieved.
The direction that post high school education in Georgia should take is a most important consideration at the present time. This includes the entire educa tional opportunities of our people who have finished high school, those who have dropped out of high school, and those who are already employed but need addi tional educational opportunities. So opportunities in adult education, technicalvocational-terminal education, junior college education, four year college education, and education in our universities are all included.
What we have in mind is the whole relationship--the question of relationship between an expanding junior college education, our technical-vocational schools, our entire University System, and vocational education in our high schools. All of these things can be properly meshed together to make a maximum contribu tion to the largest possible number of people without duplicating facilities and without getting into the question of jurisdictional squabbles. We should bring to bear in any area where there is a projected expansion the very best thinking possible in order to best coordinate the resources and facilities, and how to best utilize the resource available to make the maximum contributions. We actually have an advantage that might help make progress in this area in that we have an open field. We can go in any one of several directions because our hands are not tied by commitments.
The State of California has recently reached the highest per capita income level of any state in the nation. Many people credit this to the investments made by California in their educational program which includes, in addition to their elementary and high schools, a state-wide system of community junior colleges (their junior college program includes college transfer courses, technical-vocational courses, and adult education), a system of state colleges and the University of California System. All of these are provided with no tuition charge to a resident of California. A number of people have asked why the electronic space industry tended to locate in California. The answer is obvious--they have located in a place where there is a source for training personnel in electronics opportunities.
If we will bring to bear all of our resources and formulate a pattern for the State of Georgia that will project down through the years the direction in which we should move, it will result in higher income and in helping make Georgia the kind of State that will achieve its full potential.
The problem of financing the State's institutions of higher learning has been
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well presented by the able staff of the Board of Regents. Their estimates of needs are adequately substantiated by statistics and materials on file with the Committee. The increases in enrollments, operating costs, research costs, and graduate program costs have all combined to add to the financial burden of our institutions of higher learning. Some relief has been given by higher state appro priations and higher student fees, but the major relief must come from a more realistic state support, or some important programs in these fine institutions will be curtailed. The growth of Georgia and Georgia's economic and industrial growth are closely tied to these institutions of higher learning. The meeting of their needs is in the interest and continued welfare of all the people of Georgia.
The U.S. NEWS & WORLD REPORT, in its issue of February 26, 1962, published a regional breakdown of areas of the United States indicating the diffi culties of college admission. Georgia was included in the region labeled, "Second Most Difficult to Get in College". The region with the greatest entrance diffi culties is the New England area encompassing a total of nine states. The six regions permitting greater ease of college admission include 33 states.
The continuing upsurge in the number of students seeking to enroll in all institutions of higher education in this country has brought about a serious re-examination of the entire pattern of post-high school education in this country. In an effort to help meet the rising demand for a wide range of higher educational opportunities, many states are currently engaged in long range studies of posthigh school educational needs with special attention given to the establishment of state systems of two-year community junior colleges or the expansion and improvement of existing ones.
The Committee's studies give definite proof that by the end of this decade young people seeking admission to college in Georgia will exceed the present capacity of State institutions plus the planned capacity of private institutions by many thousands (at least 25,000). This means that many of these young people will have no college opportunity unless we plan and act now. Some argue that this figure will be higher, but it cannot be denied that the figure, whatever it is, will be staggering. Nor can it be disputed that the figure would be much higher if we did what we should to encourage the percentages of our high school graduates to attend college so as to bring the percentage of our high school graduates entering college up to the national average. In a day when some kind of post-high school education is essential to any sort of profitable employment, Georgia is sending a smaller percentage of our young people to college than do four-fifths of the fifty states. Georgia cannot afford this "economy". The ques tion is--How can we provide these post-high school educational opportunities for these young Georigans without which both they and the State will wither?
Our problem is too few classrooms, too little money, and too little time. We cannot build adequate colleges in the traditional pattern; we don't have the money. If we did, too many students would not attend in the traditional pattern because they don't have the money. We need college, vocational and technical opportunities in large numbers of high quality--preparing students for additional college, or preparing students for life and work without additional college. We need this at low cost, quickly, and students need low charges.
With this, then what can we do?
We already have in Georgia the concept of community colleges with certain
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legal provisions, and we have the area vocational-technical concept. The former is being tried on a limited basis, and the latter on a rapidly expanding basis. We have some information on how these work, what they can do, and whom they will reach.
There is concensus among outstanding educators with extensive experience in the community junior college field that, on principle, the community college should be comprehensive incorporating in an institution at least three things; appropriate technical-vocational work, college parallel studies, and adult education all being responsive to the changing needs of the area served by the college. These colleges should be within commuting distance, and the provision of dormitory facilities should not be contemplated.
The Committee feels that we have the framework and the experience to accomplish this goal, that it can be done rapidly, that it should be relatively low in cost, that it would reach the largest possible number of students, that it would be less costly to the student, and that as Georgia grows, enough money can be freed to adequately finance our other institutions of higher learning.
The plan should be a system of public two-year post-high school institutions offering college parallel, technical-vocational-terminal, and adult education in struction tailored to area needs, subject to state level supervision by a state board advised by a State community college advisory council.
With a system of comprehensive community colleges, we will be able to meet the total need, to challenge many more high school graduates to continue their learning, to raise the technical competence of our people, to raise the level of an educated citizenry, to increase our income to provide enrichment to the lives of those who otherwise will be passed by, and to grow in stature as a State and a people.
BUDGET RECOMMENDATIONS--PUBLIC SCHOOL PROGRAM
1. The first 7 million dollars going to the common schools above the amount budgeted for the year 1962-63 be used to increased classroom teachers' salaries.
2. That next consideration be given to providing additional classroom teach ers so that the local schools will have adequate staffs from the first grade through the twelfth grade.
3. 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.
4. That a long-term projection of the needs of our common schools be made including a breakdown by all present programs and all projected programs.
The 1961 Joint Committee made a comprehensive study of the fiscal affairs of the State Department of Education, and made several important recommenda tions (See Appendix, page 32). It is noted here that considerable progress has
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been made by the Department of Education and the Budget Commission in put ting the first five recommendations in this report into effect. The complete activation of these recommendations will make the fiscal operation of the De partment much more easily understood.
It is noted here that in the past the State Department of Education and the State Board of Education have, in effect, received a lump sum appropriation to cover their total operation, and have, after receiving the lump sum appropriation, made up their operating budget. The changes in procedures under the new budget laws have thrown a great deal of additional work on the Division of Administra tion headed by Dr. Alien C. Smith. In addition to the additional work in furnishing information to the Budget Commission, the Joint Committee has called on his office for a great deal of information. His office is to be commended for the good work being done.
This report includes, in addition to recommendations, a brief summary of the different items in the State School Budget, and also comparative budgets beginning with 1950-51 up through the present school year. When the new appro priation bill is presented, comparisons with past expenditures can easily be made.
EXPLANATION OP BUDGET ITEMS AS GIVEN BY THE STATE DEPARTMENT OF EDUCATION
1. (a) Teachers Salaries
This amount includes the base State salaries of all certificated personnel except superintendents, visiting teachers and curriculum directors.
(b) Normal Salary Increases
State salaries of teachers are based on training and years of experience. As these change, the certificate salaries change and funds must be budgeted to pay for these "normal" salary increases. There are more than 6000 changes in certificates each year, and the average cost has been $1,400,000.00.
(c) Mid-term adjustment
A law passed by the General Assembly several years ago requires that allotments to school systems be adjusted on a current attendance basis. This amount included in the proposed 1963-1965 budget is a conservative estimate of the cost of allotting the additional earned teachers, main tenance and operation allotments and textbooks.
(d) Grants-in-aid for in-service training
These funds are budgeted to grant to local school systems for inservice training of teachers, on recommendation of the county or city superin tendent, to improve the quality of instruction. A teacher may be approved for a grant for special study. The grant is paid to the county or city board of education, and the teacher must continue to teach in Georgia in order to qualify for the grant which is on a reimbursement basis.
(e) Salaries of county and regional librarians
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Legislation passed by the General Assembly requires the State Board of Education to administer the public library program. Librarians for the county and regional libraries are paid on a State salary schedule, and State funds are allotted for this purpose. These allotments are paid to the local library boards through the county boards of education.
(f) Grants for system-wide services (salaries and travel)
This amount includes the base certificate salaries of superintendents, visiting teachers, and curriculum directors. In addition, it includes funds for State supplements for visiting teachers and curriculum directors and travel for local personnel authorized by law to travel (vocational teachers, visiting teachers, and curriculum directors).
2. Current Operating Expenses and Sick Leave
Allotments are included in the Foundation Program budget for current oper ating expenses (maintenance and operation of plant, etc.) and sick leave for teachers as authorized by law. The allotment is based on the number of Stateallotted teachers (not including superintendents, curriculum directors and visiting teachers). In 1962-1963 the amount per State allotted teacher is $450 for maintenance and operation and $50 for sick leave.
3. Pupil Transportation
Under State law the State Board of Education is required to allot funds for pupil transportation based on the density of transported pupils. Each system is allotted the median cost per pupil for systems in the density group. Funds are included in the budget for the biennium to meet this obligation.
4. (a) Payments to State School Building Authority
These are allotments of State funds assigned to the State School Build ing Authority by local school systems as security for Authority bonds to construct school buildings under the 1951-1952 and 1960-1961 building programs authorized by the General Assembly.
(b) Payments to local school systems
These are allotments to local systems under the 1951-1952 and 1960-1961 building programs in situations where the local board of education elected not to use the Building Authority, or capitalized only a part of the allotment through the Authority.
5. Equalization Fund Allotments
The Foundation Law provides for a contingent fund allotment to be used for systems which have difficulties in providing the minimum level of education prescribed by law. The State Board uses this fund on a formula basis to place a floor under the amounnt of money available in any system for the Foundation Program.
6. Textbooks and Library Service
(a) Allotments for textbooks
The State textbook law requires the allotment of not less than $3 per child based on total enrollment for free textbooks. With the increase in
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cost of textbooks it has been necessary to increase this amount, so that the current allotment is $3.75 per child. The allotment for each system is reserved to pay for textbooks ordered by each system and shipped directly to the system by the publisher.
(b) Allotments for school libraries
Each system receives an allotment for school libraries based on the num ber of State allotted teachers. The local system matches these funds on a basis of $1 of local funds for each $2 of State funds. The State allot ment this year is $20 per State-allotted teacher, and is used for the pur chase of books, magazines and other library materials.
(c) Allotments for rural libraries
These allotments are made for the purchase of materials for rural libra ries (books, periodicals, etc.). The allotments are based on the number of State-allotted teachers and administered under the same policies as are used for school library allotments.
Note that State funds under this program are used to match federal funds which are available for this program,
(d) Audio-Visual Service
This appropriation is used to purchase audio-visual materials (films and tapes, to be loaned to local school systems) and for operation of four film libraries. An average of 200,000 films are loaned annually by the film libraries at Statesboro, Tifton, Macon and Atlanta. The amount budgeted covers purchase of materials, rental on space for the libraries, repairs to films, and shipping charges. For the past several years, the annual appropriation has been $250,000.
(e) Rents, express, postage, maintenance
This item includes rent on the building for the library extension service, insurance on textbooks and library materials, repairs and maintenance for library materials, and costs of postage and other shipping charges on books and materials.
7. Allotments for Vocational Education
(a) Grants to lor-al systems
State funds are used to match federal funds to provide salary supple ments for regular vocational teachers of agriculture, home economics, trade and industrial education and distributive education. In addition, funds are used for special classes to train workers for industry, and for salaries of instructors in the Young Farmer Program. Limited allotments are also made to local systems for the purchase of shop equipment on a matching basis.
(b) State Trade Schools
These appropriations pay the operating costs of the two State resi dential vocational-technical schools at Americus and Clarkesville. Termi nal vocational-technical training is available to white students in a wide variety of occupations.
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(c) Area Vocational-Technical Schools
The State Board of Education is authorized by law to enter into agree ments with local systems for the construction and operation of area vocational-technical schools. These funds will provide for the operation of these area schools as they are completed and put into operation. Twenty-six schools are either in operation, or in various stages of plan ning and construction (six were in operation during 1962-1963). Federal funds under Title VIII of the National Defense Education Act are avail able for purchase of equipment for these schools to be used in courses providing advanced technical training required for national defense.
8. Allotments for Testing and Guidance
This appropriation is used to finance the program of testing and guidance in local systems. Of the State funds, $100,000 are used for the testing program in elementary schools. The remainder of the State appropriation is used to match federal funds under Title V of the National Defense Education Act on a dollar-for-dollar basis for testing and guidance in high schools. All school systems of the State participate in this program.
9. Required local effort
In addition to State and Federal funds, local systems share in the cost of the Minimum Foundation Program to the extent State-wide of 7 mills on the total digest for schools. The local effort is applied to the cost of salaries, maintenance, operation and sick leave, and transportation. The total required local effort for 1962-1963 is $27,500,000.
10. Temperance Education
Under a special law passed by the General Assembly, the State Board of Education appropriates $25,000 annually for temperance education, used largely for workshops for teachers of temperance education.
11. State Schools for the Deaf and Blind
By act of the General Assembly the School for the Deaf at Cave Spring and the Georgia Academy for the Blind at Macon were made responsibilities of the State Board of Education. The appropriations for these schools cover all costs for children who attend them, including room, board and instruction.
12. Vocational Rehabilitation ^erv;ce
In Georgia this sQrvjce iS; bv law> a part of the gtate Department of Edu cation. Ihe !yi,ate appropriation is used to match federal funds for the pro grams for the sighted and for the blind.
13. State Department of Education
(a) Cost of operation of Divisions and Services
This appropriation has been administered under three budgets (general administration, vocational education and instructional materials) for per sonal services, supplies and materials, printing and postage, communi cations (telephone), insurance, rents (buildings and IBM Machines), matching funds for employees retirement and health insurance, equipment,
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and all other costs of operation for all divisions and services (with the exception of Vocational Rehabilitation, the State-operated schools, and the services listed below).
(b) Administration of Title III, NDEA
The State appropriation is used to match federal funds (on a dollar-fordollar basis) for the administration of the program made possible by the National Defense Education Act for the purchase of equipment for science, mathematics and modern foreign languages.
(c) Administration of Title V, NDEA
The State funds are used to match federal funds (on a dollar-for-dollar basis) for the administration of the program of testing and guidance under the National Defense Education Act.
(d) Administration of Title X, NDEA
Title X of the National Defense Education Act allots federal funds to be matched by State funds to provide for improvement of statistical services. These funds have been used to make it possible to do a better job of statistical service in the Department.
(e) Administration of the School Lunch Program
No federal funds are allotted for the administration of the school lunch program making the administration of the program a State responsibility. The school lunch service administers more than five million dollars of federal school lunch funds.
(f) Administration of the Surplus Commodity Program
The Surplus Commodity Program is another federal program for which the State is required to finance the cost of administration. This service administers the distribution of more than $10 million in surplus food to all of the school lunchrooms of the State, as well as to other agencies which are eligible to receive such foods.
(g) State Board of Education
This appropriation pays the per diem of State Board members and their expenses for travel and subsistence while on State business. In addition, expenses of consultants (such as representatives of educational groups) invited by the State Board to attend its meetings are paid from this fund, along with any other expense of the Board (such as legal fees).
(h) Scholarship Program--Prospective Teachers
As authorized by the General Assembly (through a Constitutional amendment) the State Board of education offers college scholarships to eligible high schools graduates who plan to teach. To qualify for a scholarship, a boy or girl must be in the upper 20% of the high school class, have a predicted average of B or better in college, and agree to teach in Georgia for 3 years (or one year for each $1000 granted, which ever is larger) in Georgia after graduation. When the program is fully financed (with an annual appropriation of $600,000) there will be 1000 prospective teachers in training each year.
(i) Educational Television
This appropriation is used (1) to prepare materials, such as video-tapes,
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for educational television, and (2) to operate educational television sta tions owned by the State Board of Education. By the fall of 1963, there will be three State-owned stations in operation (at Waycross, Pembroke and Warm Springs). Materials are produced in Atlanta (in cooperation with the city-owned station) and at Athens (in cooperation with the station owned by the University of Georgia). This program was initiated by the State Board of Education following a ruling by the Attorney Gen eral that such a program is authorized under provisions of the Minimum Foundation Law.
1950-1951
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES--(Contd.) (State and Federal Funds)
Amount Budgeted Amount Spent
1. (a) Teachers' Salaries ____.___________.__.$ 31,409,124.97 $ 31,480,769.96
(b) Normal Salary Increases _________ __________ ___________
(c) Mid-term Adjustment (Teachers) __________ ___________
(d) Grants-in-aid (Inservice Training) _______ _____________
(e) Salaries--County and Regional Librarians _________
(f) Grants for system-wide services
(salaries and travel) _________________
3,248,329.74 3,240,047.24
2. Current Operating Expense and Sick Leave
3. Pupil Transportation __________.._____
1,200,000.00
1,128,155.31
4. Capital Outlay: 1951-1952 Program -____-______-_____,,_____-__. 1960-1961 Program ___________________________
5. Equalization Allotments _-_-_--.__--___--___ .._ 11,220,889.48 11,220,889.18
6. Textbooks and Library Service (a) Allotments for Textbooks ___.__,,_._,,_______ (b) Allotments for School Libraries _________ (c) Rural Libraries Federal Funds --_--_____.___--___.___.__ State Funds _____________________________ (d) Audio-Visual Service Materials _________________________________ Operating _____________________________ (e) Rents, Express, Postage, Maintenance ____
7. Allotments for Vocational Education (a) Grants to local systems--State _________________ Grants to local systems--Federal ______________ (b) State Trade Schools Clarkesville _________________________________ Americus _______________________________ (c) Area Vocational-Technical Schools ___________
1,100,944.18 289,507.97
______________ 216,101.50
206,037.00 121,005.39 145,000.00
709,033.90 689,172.56
150,000.00 180,000.00 _________________
1,100,944.18 289,507.97
216,101.50
206,037.00 121,005.39 145,000.00
709,032.37 689,172.56
149,977.13 179,930.15
8. Allotments for Testing & Guidance ___________ ____________
9. Total MFPE Requirements State Funds _,,____.._ _____ ________________________ 50,195,754.13 Federal Funds ___.___.__________________ 689,172.56 Local Funds ____________________________________________________
10. Temperance Education _______________________ __________________
INTERIM COMMITTEE REPORTS
2097
1950-1951
SUMMARY OP AMOUNTS BUDGETED AND EXPENDITURES (State and Federal Funds)
Amount Budgeted Amount Spent
11. State Schools Deaf _._.___._.._-__-------_----
Blind ___.__-.-------_--
12. Vocational Rehabilitation Division State _.____,,_______--._-_-___-_ Federal ____-_,,__________________-
13. State Department of Education (a) Cost of Operating Divisions and Services: General Administration _______________ Vocational Education ____________________ Instructional Materials ___________________ (b) Administration of Title III NDEA _________ (c) Administration of Title V NDEA ________ (d) Administration of Title X NDEA ___________ (e) Administration of School Lunch Program (f) Administration of Surplus Commodity Program ___-__.._____________--______--_---- (g) State Board of Education ______________________ (h) Scholarship Program--Prospective Teachers _____________________________ (i) Educational Television ____-_________,,____
230,192.40 130,558.72
475,000.00 935,567.43
285,000.00 259,041.74 196,821.05
48,591.82 29,620.00
230,186.85 127,434.53
475,000.00 935,567.43
284.984.03 259,041.18 196,816.16
48,591.82 29,217.11
Total ______________._________--___--___$ 53,475,539.85 $ 53,463,409.05
1952-1953
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES--(Contd.) (State and Federal Funds)
Amount Budgeted Amount Spent
1. (a) Teachers' Salaries _______________________$ 57,984,378.25 $ 56,949,216.85
(b) Normal Salary Increases -__________,,___ _____________
_______________
(c) Mid-term Adjustment (Teachers) ______________ __________________
(d) Grants-in-aid (Inservice Training) ____________ __________________
__________________
(e) Salaries--County and Regional Librarians _______________
__________
(f) Grants for system-wide services
(salaries and travel) ________________________ 1,430,511.75 1,430,511.75
2. Current Operating Expense and Sick Leave ____ 6,417,500.00 6,417,500.00
3. Pupil Transportation _______.______..___._._____ 7,696,750.00 7,696,750.00
4. Capital Outlay
1951-1952 Program:
To State School Building Authority ___.._ 6,912,865.78
To Local Systems (Where State funds
not capitalized) ___________________.___,,_______.___.__ 3,387,134.22*
__________
1960-1961 Program _______________________________ ___________
_________
5. Equalization Fund Allotments ___________________ 2,900,000.00 2,900,000.00
6. Textbooks and Library Service
(a) Allotments for Textbooks ______._-_-_ 1,965.717.82 1,673,545.78
2098
JOURNAL OF THE HOUSE,
1952-1953
SUMMARY OP AMOUNTS BUDGETED AND EXPENDITURES (State and Federal Funds)
Amount Budgeted Amount Spent
(b) Allotments for School Libraries ,,__,,.._ (c) Rural Libraries
Federal Funds _________________._.__--.,,,,----__ State Funds _...___,,.______--____.,,--.._--,,--_. (d) Audio-Visual Service Materials _..__.--.__.____,.___.._._-__--__..-__..._._ Operating .,,.___.._____._____________________________ (e) Rents, Express, Postage, Maintenance .-- Allotments for Vocational Education (a) Grants to local systems--State .___..____.,,__ Grants to local systems--Federal ..______ (b) State Trade Schools Clarkesville -_---_----___--._--._.-__...___ Americus _---____ ____________ _,,_._.,,___... (c) Area Vocational-Technical Schools _-_-_ Allotments for Testing & Guidance _____________ Total MFPE Requirements: State Funds ,______,,___._.___.____.______.___._________.._..._._... Federal Funds __.____.,,_________._________________________ Local Funds (not included in above totals)..
364,334.30
395,063.76
128,905.00 75,705.35 150,000.00
631,632.20 645,429.39
315,000.00 185,000.00
90,940,498.43 645,429.39
12,500,000.00
10. Temperance Education _______________________________
11. State Schools Deaf _______.____.___.____..__._______.___._____._____.____..._ Deaf (Capital Outlay) _____________________________ Blind ..___._._______._. _____________________ Blind (Capital Outlay) ___________________________
12. Vocational Rehabilitation Division State ,,_._____.___.___...______.-_____._____.-_____._ Federal _-_--__--___-_-____-,,-_-_-___-__-______,,___.__-__.
13. State Department of Education (a) Cost of Operating Divisions and Services General Administration ___________________ Vocational Education _______________________ Instructional Materials ,,______-________-._-._ (b) Administration of Title III NDEA _______ (c) Administration of Title V NDEA _____________ (d) Administration of Title X NDEA ._...__..__.. (e) Administration of School Lunch Program (f) Administration Surplus Commodity Program ...__.--.._._.._._.___._.-..,,._.____.___.____ (g) State Board of Education _..__..,,___.._._...__..__ (h) Scholarship Program--Prospective Teachers ----__--__-___-__--___-_-__--__.-.__._.___.. (i) Educational Television _--.._.__.--_,,_.___,--
387,000.00 500,000.00 260,146.00 196,000.00
900,000.00 1,483,065.31
510,214.17 261,202.80 320,273.77
80,034.00
42,812.00 25,000.00
364,334.30
395,063.76 128,905.00 75,705.35 150,000.00 573,910.64 645,429.39 311.780.44 174,389.69
360,215.03 522,896.10 256,692.08 196,000.00 900,000.00 1,483,065.31
441,238.75 258,942.21 317,276.07
70,327.63 41,880,42 25,000.00
Totals ___.___________,,._______,,_,,_______.__,,____,,___$ 96,551,675.87 $ 95,060,576.55
*A number of systems included in this total later assigned their allotments to the School Building Authority.
INTERIM COMMITTEE REPORTS
2099
1954-1955
SUMMARY OP AMOUNTS BUDGETED AND EXPENDITURES--(Contd.) (State and Federal Funds)
Amount Budgeted Amount Spent
1. (a) Teachers'Salaries __._______-..__-..__...__-..__..$ 64,030.527.97 $ 59,396,571.34
(b) Normal Salary Increases ________ _,,__-_ ______________
__--_----._--
(c) Mid-term Adjustment (Teachers) _---._._-- -- .--.._--_.--
.--------.....
(d) Grants-in-aid (Inservice Training) _____ _____ -,,___-_____,,.
___....__-..,,_._
(e) Salaries--County and Regional Librarians 246,790.00
246,790.00
(f) Grants for system-wide services (salaries
and travel) ______________ 3,339,990.00 3,339,990.00
2. Current Operating Expense and Sick Leave .... 6,841,274.00 6,841,274.00
3. Pupil Transportation ________________________________ 8,131,305.00 8,131,305.00
4. Capital Outlay 1951-1952 Program: To State School Building Authority ________ To Local Systems (Where State funds not capitalized) _______ 1960-1961 Program _______________
12,906,380.00
1,593.620.00 _______
12,906,380.00
1,593,620.00 _______
5. Equalization Fund Allotments _________ 2,835,000.00 2,835,000.00
6. Textbooks and Library Service
(a) Allotments for Textbooks-__.._-_-_--~_
(b) Allotments for School Libraries ___________
(c) Rural Libraries
Federal Funds __--___.____-____-__..-__--__.___
State Funds ________
(d) Audio-Visual Service
Materials
______
Operating _____________.__-.._._...._____..____.__
(e) Rents, Express, Postage, Maintenance ______
1,890,035.14 455,768.38
______ 494,893.94
140,475.00 84,089.89 155,000.00
1,890,218.46 455,768.38
---_-__...--_ 494,893.94
140,475.00 84,089.89 155,000.00
7. Allotments for Vocational Education (a) Grants to local systems--State ________ Grants to local systems--Federal _____________ (b) State Trade Schools Clarkesville ________________________________________ Americus __,,________..___..________________________________ (c) Area Vocational-Technical Schools __________
951,197.81 795,680.16
350,000.00 300,000.00 _..__.____.._-._
639,910.90 795,680.16
349,877.10 299,907.11 ______________
8. Allotments for Testing & Guidance -..--___--_.. _--__..-__.-_
_____________
9. Total MFPE Requirements State Funds __________________________________________ 105,062,146.69 Federal Funds _..__....___..._.-___.___..____.____.___-___ 795,680.16 Local Funds (not included in above totals)__ 14,500,000.00
_____..__._. _______________ __________________
10. Temperance Education ___________.__________._________,,._____.
25,000.00
22,694.22
11. State Schools Deaf ____________________________________________________ Blind ____________________________________________________________________
413,000.00 260,000.00
413,034.18 260,020.66
12. Vocational Rehabilitation Division State _________________________________________________ 936,430.00 Federal ____________________________________,,____.________________._ 1,503,240.56
936,430.00 1,517,781.28
2100
JOURNAL OF THE HOUSE,
1954-1955
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES (State and Federal Funds)
Amount Budgeted Amount Spent
13. State Department of Education
(a) Cost of Operating Divisions
and Services--
General Administration _______________ 539,744.25
529,691.62
Vocational Education _______________________... 374,167.00
369,270.92
Instructional Materials __________________ 287,920.00
279,822.44
(b) Administration of Title III NDEA __________
(c) Administration of Title V NDEA ______________
(d) Administration of Title X NDEA _______ ,,__.__
(e) Administration of School Lunch Program
94,407.57
83,520.73
(f) Administration of Surplus
Commodity Program ________________
44,728.18
38,458.71
(g) State Board of Education _________________
20,500.00
20,043.24
(h) Scholarship Program--Prospective
Teachers ____________________._
(i) Educational Television ...___.___.._____
Totals _________-__--__-_-_._--_-____-_$110,041,164.85 $105,067,519.28
1956-1957
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES--(Contd.) (State and Federal Funds)
Amount Budgeted Amount Spent
1. (a) Teachers' Salaries _________________._____$ 74,960,152.00 (b) Normal Salary Increases ___________________. 1,480,000.00 (c) Mid-term Adjustment (Teachers) ____________ 1,306,500.00 (d) Grants-in-aid (Inservice Training) _________ ________ (e) Salaries--County and Regional Librarians 361,465.00 (f) Grants for system-wide services (salaries and travel) ________________________ 3,331,386.00
2. Current Operating Expense and Sick Leave _ 7,577,700.00 3. Pupil Transportation _________________ 9,585,355.00 4. Capital Outlay
1951-1952-Program: To State School Building Authority _____ 12,906,380.00 To Local Systems (Where State funds not capitalized) __________________________ 1,593,620.00
1960-1061 Program: ____________________ _____.._______..__ 5. Equalization Fund Allotments _____________________ 4,686,132.00 6. Textbooks and Library Service
(a) Allotments for Textbooks __________.._._____ 2,393,028.92 (b) Allotments for School Libraries ________________ 516,311.96 (c) Rural Libraries
Federal Funds _______________ ______ State Funds _____________________________________ 574,709.26
$ 72,640,396.66 1,480,000.00 1,306,500.00 _____________ 361,465.00
3,331,386.00 7,577,700.00 9,585,355.00
12,906,380.00
1,593,620.00 ________
4,686,132.00
2,393,028.92 516,311.96
_______ 574,709.26
INTERIM COMMITTEE REPORTS
2101
1956-1957
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES (State and Federal Funds)
Amount Budgeted Amount Spent
(d) Audio-Vistual Service
Materials __.__.._-.___~____............ 144,718.69
144,718.69
Operating _.._...__.._------------..--_.._----_
84,993.52
84,993.52
(e) Rents, Express, Postage, Maintenance _.. 160,000.00
160,000.00
Allotments for Vocational Education
(a) Grants to local systems--State --------_.._. Grants to local systems--Federal ._._._..._.._
(b) State Trade Schools Clarkesville ____._._._____.-. Clarkesville (Permn. Improvements) ,_ Americus _._-.__._-.------------------._.,, Americus (Permanent Improvements)-
(c) Area Vocational-Technical Schools --___._
998,533.84 993,705.51
330,076.25) 665,000.00) 270,000.00 610,000.00 -_.._._----
904,919.04 945,267.61
330,176.25 665,000.00 263,110.20 610,000.00 __----__.-
8. Allotments for Testing & Guidance _.___.._--_-_ ^...........
._--_____-
9. Total MFPE Requirements State Funds .._._....._._.._..._.__._..__ 124,531,062.44 Federal Funds _....._._.___.__..__._._:._.------ 993,705.51 Local Funds (not included in above totals).. 14,500,000.00
..._._....._. ._...._._._
10. Temperance Education ____-------.----.------
25,000.00
17,571.96
11. State Schools ._.___.----------__.___.__.._-.______-- Deaf .___..__----_----------.-._.----.__..._------ Blind . ........ _.----------------.----.--._--
8.16)
436,000.00)
272,000.00) 20.35)
436,008.16 272,020.35
12. Vocational Rehabilitation Division State -.--_----._-----.Federal _.._.______._ ...........
1,267,066.00 1,939,514.00
1,267,066.00 1,909,377.45
13. State Department of Education (a) Cost of Operating Divisions and Services General Administration ________.__-___-__-._-.. Vocational Educ. (Inc. 129,519.58 F) .... Instructional Materials .,,_______,,__ (b) Administration of Title III NDEA ,,.._.._... (c) Administration of Title V NDEA ......___... (d) Administration of Title X NDEA ..--__---- (e) Administration of School Lunch Program (f) Admin. Surplus Commodity Program.----
(g) State Board of Education ______--__.,, (h) Scholarship Program--Prospective
Teachers --_._____..__.__.....--._--_ (i) Educational Television ...._..___-..-_--_--._
690,000.00 406,170.00 342,000.00
97,550.00 1,700.00)
44,730.00) 23,500.00
624,675.91 392,816.03 322,800.52
89,849.21 46,354.30 17,464.16
Totals.__........--------_.----._...-------$131,075,026.46 $128,457,174.16
2102
JOURNAL OF THE HOUSE,
1958-1959
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES--(Contd.) (State and Federal Funds)
Amount Budgeted Amount Spent
1. (a) Teachers' Salaries _______-______.__.__________$ 86,704,195.56 $ 86,239,690.81
(b) Normal Salary Increases ________.__..__.__,,_ 1,185,000.00 1,185,000.00
(c) Mid-term Adjustment (Teachers) ___.____._ 1,694,000.00 1,694,000.00
(d) Grants-in-aid (Inservice Training) ________ ____________
(e) Salaries--County and Regional Librarians 444,675.00
444,675.00
(f) Grants for system-wide services
(salaries and travel) _____________________ 3,974,783.00 3,974,783.00
2. Current Operating Expense and Sick Leave .... 11,092,281.40 11,092,281.40
3. Pupil Transportation _____________________________ 10,464,685.00 10,464,685.00
4. Capital Outlay 1951-1952 Program: To State School Building Authority _________ To local systems (where State funds not capitalized) ________________________ 1960-1961 Program: Funds appropriated and still in State Treasury ____________________________________
12,906,380.00 1,593,620.00
____________
12,906,380.00 1,593,620.00
5. Equalization Fund Allotments ________________ 5,596,132.00 5,596,132.00
6. Textbooks and Library Service
(a) Allotments for Textbooks __________________
(b) Allotments for School Libraries ____________
(c) Rural Libraries Federal Funds _________--_-_.---_---____ State Funds _________________________________
(d) Audio-Visual Service Materials _.___.._____.______.__.___-________.__.. Operating ._.___._____________.___..__._
(e) Rents, Express, Postage, Maintenance, Misc. __________________________________________
2,738,273.83 538,200.00
___________ 665,000.00
197,960.90 116,343.43
171,480.00
2,738,273.83 538,200.00
___-----_.._ 665,000.00
197,960.90 116,343.43
183,420.84
7. Allotments for Vocational Education
(a) Grants to local systems--State __________________ Grants to local systems--Federal __.____..
(b) State Trade Schools Clarkesville .__.._.,.______.,, Americus ___.___.__._.___..________________
1,786,525.26 1,247,274.77
431,847.56 350,308.00
1,734,432.05 1,155,034.96
431,692.87 350,282.63
8. Allotments for Testing & Guidance State ___._.__.___.____,,_._____ Federal ______,,__________.___._._._______.__.___..__
310,000.00 164,415.00
310,000.00 164,415.00
9. Total MFPE Requirements State Funds _____________________________________ 144,208,966.21 Federal Funds _______________________________ 2,461,528.00 Local Funds (not included in above totals)_ 20,900,000.00
__________________ ____________
INTERIM COMMITTEE REPORTS
2103
1958-1959
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES (State and Federal Funds)
Amount Budgeted Amount Spent
10. Temperance Education ___________________________
25,000.00
15,276.30
11. State Schools Deaf (Inc. $145,000.00 outlay) ,,,,_______,,_ Blind (Inc. 25,000.00 outlay) ________________
658,500.00 326,750.00
658,500.00 326,750.00
12. Vocational Rehabilitation Division
State ______-________-_____-.____._-__-___--____Federal ____,,____,,,,._.
4,476.00) 1,445,424,00)
2,297,113.00
___________ 1,445,424.00
2,290,314.46
13. State Department of Education
(a) Cost of Operating Divisions and Services General Administration ____________________
Vocational Ed. (Inc. 123,526.34 F) ........ Instructional Materials ____.__________,,_
(b) Administration of Title III NDEA State ___________.-____-__.______.____---_-Federal ...._..__..__......_._.._________
(c) Administration of Title V NDEA State _____-__-__,,_
Federal ______..__.._____.__.___._______-______
(d) Administration of Title X NDEA State _..______.________._____-____,__.______
Federal
_ _ _______________
(e) Administration of School Lunch ______
(f) Administration of Surplus Property _______
(g) State Board of Education ____________________
(h) Scholarship Program--Prospective Teachers ____________________________________
(i) Educational Television ------____--.__,,__--__
879,608.43 525,669.57 412,985.00
25,436.00 25,436.00
19,406.00 19,406.00
30,000,00 30,000.00 125,000.00 61,500.00 37,500.00
--___-_--_.__ --_--__-____
803,306.72 496,946.98 399,782.16
25,436.00 25,436.00
19,406.00 19,406.00
30,000.00 30,000.00 109,328.09 54,766.31 34,267.50
____________ -___--------
14. Textbooks and Library Service Old Farmers' Market _--__-----_____.__-_--_---- Operating and Permanent Improvements --_
269,500.00
19,208.83 249,247.37
Lapsed
$151,615,173.26 $150,852,188.99
23,082.55
23,082.55
$151,592,090.71 $150,829,106.44
Deduct approp.--Waycross TV Station (Approval held in abeyance) __________________
500,000.00
Deduct Federal Vocational Funds (reverts)
92,239.81
$150,999,850.90
2104
JOURNAL OP THE HOUSE,
1960-1961
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES (State and Federal Funds)
Amount Budgeted Amount Spent
1. (a) Teachers' Salaries __-,,____-________-______.__,,_$ 97,247,850.00 $ 97,147,710.48
(b) Normal Salary Increases _._..__..__.._..._...,, 1,400,000.00 1,400,000.00
(c) Mid-term Adjustment (Teachers) ,,___.___ 2,310,000.00 2,310,000.00
(d) Grants-in-aid (Inservice Training) _..__..._. 300,000.00
300,000.00
(e) Salaries--County and Regional Librarians 640,650.00
640,650.00
(f) Grants for system-wide services
(salaries and travel) ________..____________ 4,500,000.00 4,500,000.00
2. Current Operating Expense and Sick Leave _ 13,072,500.00 13,072,500.00
3. Pupil Transportation _______________________________ 11,084,650.00 11,084,650.00
4. Capital Outlay 1951-1952 Program: To State School Building Authority _.___.. To Local Systems (Where State funds not capitalized) ________________....__.._.. 1960-61 Program: Funds appropriated and still in State Treasury __.______.__________.__,,
12,966,380.00 1,593,620.00
5,500,000.00
12,906,380.00 1,593,620.00
5,500,000.00
5. Equalization Fund Allotments __________________ 5,980,132.00 5,980,132.00
6. Textbooks and Library Service
(a) Allotments for Textbooks ______________________
(b) Allotments for School Libraries -_..._-_
(c) Rural Libraries Federal Funds .__-._._-_._____._.______-___.____. State Funds ________________________________
(d) Audio-Visual Service Materials ____________________________________ Operating _.._._._____..________,,_______._.____
(e) Rents, Express, Postage, Maintenance ....
3,465,787.00 630,000.00
221,848.00 797,500.00
172,633.28 77,366.72 187,000.00
5,500,000.00 630,000.00
221,848.00 797,500.00
172,633.28 77,366.72 187,000.00
7. Allotments for Vocational Education
(a) Grants to local systems--State .___.___.____ Grants to local systems--Federal _________
(b) State Trade Schools Clarkesville _-_._____ Americus ____________________________________
(c) Area Vocational-Technical Schools State Funds ___,,____
Federal Funds
_
..
1,660,971.31 1,007,044.64
787,975.00 846,524.00
302,440.27 277,843.37
1,648,444.80 1,007,044.64
787,975.00 846,486.70
302.440.27 277,843.37
8. Allotments for Testing & Guidance
State ,,,,,,___,,,,,,,,,,,__
Federal ... _____ _____ ,,__,,___ (Divided as follows:
Elementary .__..-._...-_..__..-_- 100,000 High School _________________ 623,524.19)
408,823.19 314,701.00
408,823.19 314,701.00
INTERIM COMMITTEE REPORTS
2105
1960-1961
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES--(Contd.) (State and Federal Funds)
Amount Budgeted Amount Spent
9. Total MFPE Requirements State Funds _____________.___..,,__,,_.__________ 165,872,802.77 Federal Funds ...-_.._.-_-.- 1,821,437.01 Local Funds (not included in above totals) _ 23,400,000.00
165,760,099.44 1,821,437.01
10. Temperance Education ..._..,,_..__......._._.._.._._.___
25,000.00
18,979.82
11. State Schools Deaf __.________,,__-_,,_.-.Blind ____________,,_____,,___.____.,,_
581,400.00 341,100.00
581,400.00 341,100.00
12. Vocational Rehabilitation Division State ._.__-__.__-__-_.. Federal ..................... ...__..
1,450,000.00 2,704,375,29
1,450,000.00 2,704,375.29
13. State Department of Education
(a) Cost of Operating Divisions and Services General Administration ............... Vocational Education ....__...___..._...._____..,, Instructional Materials ..............
(b) Administration of Title III NDEA State -..-.,,_--.--.Federal ........_,,.___._..,,_._,,.._..,,__...__..___.._._..
(c) Administration of Title V NDEA State ...__.____.,,_.__._______..__._.-..,,__.,,.._.. Federal ._.__...,,___.____...______.__.._...____
(d) Administration of Title X NDEA State ....................................... Federal ..................
(e) Administration of School Lunch Program
(f) Administration of Surplus Commodity Program _.___..__-_-
(g) State Board of Education .............
(h) Scholarship Program--Prospective
Teachers
___-.__-...
(i) Educational Television __,,__,,,,._____
881,172.57 533,161.39 446,411.00
123,674.00 123,674.00
60,000.00 60,000.00
50,000.00 50,000.00 128,102.00
84,654.90 25,000.00
150,000.00 151,250.00
855,915.23 528,306.68 445,889.38
123,674.00 123,674.00
60,000.00 60,000.00
50,000.00 50,000.00 111,744.85
65,978.90 24,284.47
150,000.00 151,250.00
Totals ___...-.......___...__-..._..-_-_.__..__-...___.._..$175,663,214.93 $175,478,108.67
Balance carried forward:
$ 185,106.26
2106
JOURNAL OF THE HOUSE,
1961-1962
SUMMARY OP AMOUNTS BUDGETED AND EXPENDITURES--(Contd.) (State and Federal Funds)
Amount Budgeted Amount Spent
1. Teachers' Salaries _._.-__...___-__.___._-__..-_..___._._._$107,552.226.91 (b) Normal Salary Increases _____________________ 1,107,017.00 (c) Mid-term Adjustment (Teachers) _.__._.,,__ 2,214,034.00 (d) Grants-in-aid (Inservice Training) _________ 362,200.00 (e) Salaries--County and Regional Librarians 661,260.00 (f) Grants for system-wide services (salaries, travel and other) __._.___..__.._.._ 4,863,500.00
$107,552,226.91 1,107,017.00 2,214,034.00 362,200.00 661,260.00
4,863,500.00
2. Current Operating Expense and Sick Leave (Tuition grants and others) ___________,,__ 13,508,500.00* 13,508,500.00
3. Pupil Transportation ____.____,,_..._____.__.___.._.___.. 12,271,794.00 12,271,794.00
4. Capital Outlay
1951-1952 Program: to SSBA ._____-.._.____,,_. 12,906,380.00 12,906,380.00 To systems (not capitalized) ___...____.___.._ 1,593,620.00 1,593,620.00
1960-1961 Program: (Funds appropriated and still in Treasury) _._.______._________._._.__._ 5,500,000.00
5,500,000.00
5. Equalization Fund Allotments ___,,__.___....._.___.__ 5,980,132.00 5,980,132.00
6. Textbooks and Library Service (a) Allotments for Textbooks _.__....-.._,,_._..____. (b) Allotments for School Libraries __.__._____. (c) Rural libraries Federal Funds ______._-____...___-__..-______-__....__ State Funds ._____.__.._._________...._.____._._.__ (d) Audio-Visual Service Materials _..._.._____. ... Operating _____._.__.__.____.___,,.___._.__.__._,,
3,605,000.00 638,000.00
212,827.00 791,987.00
160,628.47 89,371.53
3,605,000.00 638.000.00
212,827.00 791,987.00
160,628.47 69,371.53
(e) Rents, Express, Postage, Maintenance _.._ 187,000.00
187,000.00
7. Allotments for Vocational Education
(a) Grants to local systems--State _.___..._.__..
Grants to local systems--Federal
(Including Area Vocational-
Technical Schools) _ . ,,
,,.
(b) State Trade Schools
Clarkesville ____-_,,..___.,,_.____._______.._._-__
Americus ___-_..__.__.__________-_.._-._____.,,___._
(c) Area Vocational-Technical Schools
(Combined with (a))
2,294,363.82
1,483,966.16 539,546.12 501,104.50
2,294,363.82
1,481,086.16 539,524.94 501,100.06
8. Allotments for Testing and Guidance State __.._._.__..__._..____.______.____-_._._______,,___.-.._ Federal __________..__._______._.__.__.____.__-__...__.____
354,557.44 309,878.25
354,557.44 309,878.25
(Divided as follows: Elementary ,,__.___.__.______...___.__ 71,356.66 High School _____.-..__.____-_-_.__ 593,079.03)
9. Total MFPE Requirements
State Funds
__,,___._ 177,727,222.79
Federal Funds ___-_____-___._.____._._.___.._.____.__._- 2,006,671.41
__.________..,,_ ..__.-...___.__
Local Funds (not included in above totals ___ (25,700,000.00))
INTERIM COMMITTEE REPORTS
2107
1961-1962
SUMMARY OF AMOUNTS BUDGETED AND EXPENDITURES (State and Federal Funds)
Amount Budgeted Amount Spent
10. Temperance Education ____....._....__.____...____...,,...._._._
25,000.00
24,995.57
11. State Schools Deaf _,,.__...,,..._......_._._._.__....__......_.__......._........._..._.. . Blind ...,,,,.-._,,
635,000.00 391,500.00
635,000.00 391,500.00
12. Vocational Rehabilitation Division
State _____,,..___....___..___..___....____-.__-_...__.-...,,.....-.
Federal
_______._.-_
**Vocational Rehabilitation--Warm Springs Health Center _______
1,589,065.00 3,559,560.00
502,000.00
1,589,065.00 3,506,802.57
502,000.00
13. State Department of Education
(a) Cost of Operating Divisions and services General Admin. (Inc. 15,000 SSBA) _ Vocational Edu. (Inc. 100,000 Federal) Instructional Materials __...___....___....___._.
(b) Administration of Title III NDEA
State __________________________
Federal
_._._______._
(c) Administration of Title V NDEA
State _
__ ..
Federal _....___....._......_...____.,,.__._.___.....___..._
(d) Administration of Title X NDEA
State ....___...___....-._.-...._.....___.____..._.._-..._-...
Federal ..__,,,,._,,_.,,..
(e) Administration of School Lunch Program
(f) Administration of Surplus Commodity Program -...___..______..,,_...-__...._-....__-...__.-..
(g) State Board of Education _._...._......___..____.,,__.
(h) Scholarship Program--Prospective Teachers ...__,,._.___-____-..___.,,..___-___._..___-....
(i) Educational Television _ ,,,,
1,089,754.81 559,021.71 487,425.00
100,000.00 86,548.00
51,400.00 46,522.24
50,000.00 49,999.99 130,255.14
60,335.68 30,700.00
300,000.00 276,886.70
1,089,716.75 559,016.75 487,417.26
100,000.00 86,548.00
51,400.00 46,522.24
50,000.00 49,999.00 130,237.91
60,310.11 30,700.00
300,000.00 276,886.70
Totals -.,,,,..__.,,.,.--,,-- $189,754,868.47
Balance Carried forward .,,__.______.._.__. --__.,,--_----
Rehabilitation Reserve funds ..._.....___. .._...,,__....__-
Federal Vocational Funds (to apply on 1962-1963 allotments)
__...____-.._._.
$189,699,107.40 - 123.64 52,757.43
2,880.00
*Budget allotments excludes the $1,000,000.00 approved in fourth quarterly bud get for tuition grants and other purposed, as this amount was lapsed June 30, 1962, instructions from Executive Department.
**Reserved from 1960-61 unencumbered balance, pending completion of plans for Rehabilitation Health Center, Warm Springs.
2108
JOURNAL OF THE HOUSE,
APPROVED BUDGET 1962 -1963
Budgeted
Salaries of Teachers -__.._.__...____..._.___.....____..____-.-__..._._.__...-____..-____....__...$127,371,260.00
M & O and Sick Leave ..____.-..____.-._...__.._..-.____...,,_._______..______.__________ 13,849,600.00
Transportation ..................................................................... 12,247,600.00
Bus Drivers' Sick Leave -__--_-_-____.________.___..__._.___._._.......... 250,000.00
Capital Outlay __________________...___..._...._..._____._____..__..._______._..__._.._,,._ 20,000,000.00
Special Capital Outlay .__..._..__..,,___..._...._._._.__._,,._...._,,._._._.__.___ 1,000,000.00*
Equalization ..........._._._.._..._...__..._._._..__.___.__.....____._.____._._..._ 5,980,132.00
Instructional Materials .-......__..-.__.-....... __.-.____._._____.__._.._..__... 5,575,379.00
Vocational Educational .__..._..._..._..._._.... ___.______._____..._._..____.. 3,476,395.00
Testing and Guidance ................................................................. 414,701.00
Temperance ------..---.----_-.--.--.-.___--.._.-- .--..__...-.__....___.-.____...
25,000.00
Cave Spring and Macon ....... .....L... .............................................. 1,026,500.00
Rehabilitation .-__.._._._._..._...,,__.....,,__...,,..._..._....._.....,,,,...._...,,......,, 1,589,065.00
Tuition Grants .......__.-.-__-.._.-_.-,,....-_.__...__,,...,,__....._.-._,,_....._.._._._,,.._. 300,000.00
Administration of Department _.,,--,,.-.....__._-...._-_-.-_.._-.-_...-__...___..._.-_.. 2,078,000.00
Title III ,,...___........-....___...-....._._-.._......_...-__..____._.....__....__..__.... 100,000.00
Title V .. ,,....._._.._...._.._..-__._...____....__..._____...__....__._....____..._.__..___._..._._.......
60,000.00
Title X ._......__.....__ .....__._._....,,.,,........_...................._......_......_......._...._._......__..
50,000.00
Title X .......................... ._......__...._.._......___..._.___.___......._...._.__...____...._.....____
50,000.00
Surplus Commodity ....__....._......-..._..-..._.._..._.....--.........___....-_.._.......___
75,000.00
State Board ___.....___......__....._.....__.......__.......__._._. _....___...._,,....._...._.__...._..
25,000.00
Scholarships __.-...__....-.___...._.....................-.........-._...__..................._....._.... 450,000.00
TV Education ......_.._.._..._._...._.......... _.._.._..._....._ ........._.........__....,, 274,368.00
$196,350,000.00
*Non-recurring
INTERIM COMMITTEE REPORTS
2109
STATISTICAL DATA ON PUBLIC EDUCATION
1950-51
21,130
Average salary of teachers _.... $2,094.00
Number of students:
782,562
725,850
A. D. A. _......__.__..._____. 624,686
Avg. State salary of Teachers- $1,840.69
Avg. County librarian salary_
Number of Superintendents -- 209 $4,901.00
3,572 Avg. salary (Non-teaching) _ $3,330.88
Number of Visiting TeachersAvg. salary (State & local) _ $2,446.78
No. of Curriculum Directors _
Vocational Teachers Average $2,350.76
School for the Deaf-- 305
Academy for the Blind-- 147
Number of Employees General Administration (in cluding Superintendent's of fice, Administration, Instruc tion, Field Services, and
73
Civil Defense and Adult Edu.
72 8
7
American Heritage (Special 1
49
Vet-on-the-job Training ____
29
N. Ga. Vocational-Technical
81
S. Ga. Vocational-Technical
64
Vocational Rehabilitation _.._ 109
64
Academy for the Blind
45
1952-53 25,140 $2,735.00
1954-55 26,797 $2,889.00
823,743 768,810 664,216
$2,181.66
882,271 830,046 730,270
$2,191.81
3
7V4
$4,560.00 $4,508.00
46
72
$4.297.82 $4,166.30
206
205
$5,921.00 $6,216.00
3,113
2,864
$4,472.57 $4,889.56
153(MIFPE) 150 $3,051.00 $3,295.00
175CM:FPE) 176 $4,172.59
$3,396.90 $3,641.02
319
334
157
195
75
109
83
77
8
8
7
9
1
1
57
59
22
9
59
74
34
47
134
146
76
82
45
41
1956-57 28,550 $3,330.00
927,840 878,247 754,045 $2,566.14
809 5
$4,518.00 84
$4,494.00 201
$6,881.00 2,177
$5,662.20 136
$3,628.39 153
$4,888.57
$4,323.97
351
194
118
79 8
24
62 7 65 58 187 96 53
1958-59 29,900 $3,767.00
1961-1962 31,900 $4,397.00
970,318 925,384 799,299
1,033.264 984,496 862,539
$2,875.10 $3,153.72
1,216
1,253
5
6
$4,870.95 $5,110.88
104
117
$4,733.72 $4,698.24
199
198
$7,593.00 $9,507.00
1,940
1,927
142(State) 149 $3,740.00 $4,879.00
162
183
$4,936.16 $5,006.22
$4,781.08 $5,667.10
413
442
198
198
156
230
4
94
97
9
12
34
42
65
66
6
5
72
100
59
77
225
302
100
100
54
65
Total* * .._._._._..__.._
584
611
662
757
874
1,065
Twelve months' salary for vocational teachers. **As of end of each fiscal year.
2110
JOURNAL OF THE HOUSE,
RECOMMENDATIONS--MINIMUM FOUNDATION PROGRAM
1. It is recommended that a plan be worked out that will let the State appro priate State funds only, and let the local school systems budget local funds subject to minimum standards and requirements as set by the State.
2. Until recommendation #1 is achieved (it will take research and study), it is recommended that the total of State and local funds budgeted in M.F.P.E. be completely shown and controlled by the Appropriation Bill. (This will enable the Budget Commission and the General Assembly to completely control the M.F.P.E.)
3. Until a complete adjustment can be made, the Committee recommends the plan on required local effort as approved by the Georgia Education Coordinating Committee. See Appendix, page 50. (It is in reality another way of doing the same thing, yet it has the advantage of being more simple, and the amount of a local system's effort will be known enough in advance so that the local system can do adequate budgeting.)
4. A complete adjustment of the M.F.P.E. should include a method of allot ting teachers by schools, a realistic and efficient transportation system based on approved bus routes, and a simplified method of requiring local effort based on minimum standards. The new method of determining local effort should provide more local control which should encourage local systems to go beyond the minimuni local effort.
The M.F.P.E. Program as used in Georgia is a formula for allocating State and local funds so that a minimum program of education will be provided in each of Georgia's public school systems. Understanding the program and analyzing the exact expenditure of State funds is complicated because of the fact that the State Budget as ordinarily shown includes local funds as well as State funds, yet the General Assembly in making its appropriation, deals with State funds only. In effect the General Assembly not only appropriates state tax funds, but also appropriates local tax funds.
APPENDIX
STATEMENTS BY THE CO-CHAIRMEN -- 1961
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 con siderably higher teachers salaries than can Georgia when the state appropriation for schools on a per pupil basis is as high in Georgia as in either of these states? The report that follows answers this question.
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 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,
INTERIM COMMITTEE REPORTS
2111
and it is, therefore, incumbent upon the legislative branch to have first hand in formation 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 pro gram 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 sala ries. Until this is achieved, increases in other expenditures should be secondary.
In effect the teachers in Georgia for several years have been subsidizing the school building program, the instructional materials program, 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 expensive 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 Chairman, Joint Committee on Education
The 1960 Joint Committee on Teacher Education made a STRONG recom mendation 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, pay ing particular attention as to the expenditure per pupil and calibre of graduates.
Education today is the most important function of our local, state and na tional 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 Assembly, is to give us the very best educa tion possible for our children, from the first grade completely through the Doctor of Philosophy degree offered by the colleges. Therefore, it is our responsibility as Committee members to review very closely all functions of the Department of Education (having made a very comprehensive study in 1960 of the University System).
2112
JOURNAL OF THE HOUSE,
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 emergen cy existing in our education system that must be corrected immediately, if we are to have adequate education 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 Administrators, 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 required 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 prob lems in the education system is the inadequate salaries paid instructors. In dis cussing 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 proportion to the expenditure of State funds. It is incumbent on the State Department of Education to stream line its Department for more efficient cooperation with the Local Boards of Educa tion and every college unit within the State, both public and private. While we realize all of the school children will not want to go to college, or possibly are not college material, there must be adequate communication between the institu tions 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 required 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
INTERIM COMMITTEE REPORTS
2113
out and that the General Assembly assume its full responsibility toward develop ment 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
RECOMMENDATIONS FROM PREVIOUS EDUCATION COMMITTEE REPORTS
The next number of pages includes recommendations from the 1961, 1960, 1959, 1957, and the 1953 Committee reports. It is interesting to note that many recommendations made have been carried out while other recommendations made that are still desirable and advocated by the Legislature have not been carried out.
RECOMMENDATIONS -- 1961
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 Department of Education which is responsible to the Superintendent of Schools.
2. Bookkeeping and budgeting forms should be standardized showing last year's expenditures, this year's expenditures, and projected expenditures for two additional years.
3. Each biennium the proposed public school budget should be prepared 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 legislative author ity and direct legislative appropriation. The Appropriation Bill should contain sufficient money to enable the Department and the State Board to conduct re search 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. From all who discussed transportation the Committee learned that the present system is expensive and inefficient; therefore, we recommend that addi tional 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 Founda tion Program Committee on this subject have many commendable features.)
2114
JOURNAL OF THE HOUSE,
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 informa tion is available.
7. The Minimum Foundation Program Committee has made recommendations 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 information 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 Mini mum Foundation Program Committee recommendations.
Inasmuch as it will take considerable amount of time for accurate informa tion 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 as recom mended 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 avail able 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 ap parent 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 teachers' salaries as given in the 1960 Joint Committee Report on Teacher Education which have not been imple mented, 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 percentage 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.
INTERIM COMMITTEE REPORTS
2115
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.
Our suggestions for a program of in-service professional growth are not in tended 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 in-service professional growth, as it seeks to provide better teachers, and as it considers 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.
2116
JOURNAL OF THE HOUSE,
Local school officials should recommend programs which will meet the needs of teachers in their areas, and, after these recommendations, the program of inservice professional growth can be approved by the State Department of Educa tion."
The Joint Committee, re-emphasizes the importance of these recommenda tions. Also see recommendations of Minimum Foundation Program Committee on page 37.
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 edu cational expenditures including those on the university level and all related educational programs.
RECOMMENDATIONS --1960
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 work ing 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 percentage 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
INTERIM COMMITTEE REPORTS
2117
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.
Our suggestion for a program of in-service professional growth are not in tended 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 in-service professional growth, as it seeks to provide better teachers, and as it considers 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 inservice professional growth can be approved by the State Department of Education.
TEACHER RECRUITMENT
The Committees recommend that the State Department of Education and the Board of Regents intensify a joint recruiting program to provide an adequate supply of teachers, with particular emphasis on recruiting teachers from rural areas who will teach in rural areas.
The Department of Education and the Board of Regents should look to all institutions of higher learning as a source of teachers, even though institutions may not be engaged in formal programs of teacher training, they can be a source of persons qualified to teach. Because of particular study and training in certain of the technical and scientific fields, at the non-teacher training institutions, the persons attending these institutions may be as well qualified as those who have had formal training in schools of education.
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The complaint is made frequently that private industry and business robs the teaching profession of teachers. If the teaching profession itself is made more attractive, the situation may well be reversed. A most positive approach could well show that teachers can be recruited from business and industry. The knowl edge that an individual has gained in a job can be utilized in the classroom. We should look to this possibility and not cut off a vast supply of urgently needed teachers, because of a negative attitude and blind adherence to rule and regula tion.
The committees found that at the present, about 200 students are now being trained as teachers, under the scholarship program which became effective this year.
The committees recommend that the scholarship program be expanded and adequately financed, so that it may provide aid for all qualified young people who need such assistance to become teachers.
TEACHER EDUCATION COUNCIL
We commend the Council for included in its membership representatives from arts and sciences of every higher institution that has programs for the education of teachers. Also, because it has in its membership representatives from the Congress of Parents and Teachers and the Georgia Association of School Board Members.
We recommend that more classroom teachers and additional non-professional representatives be added to the membership of the Council and that adequate funds be made available to it by the Board of Regents and the State Board of Education on a fifty-fifty basis.
STATUS OF TEACHERS
All who have appeared before the Committees have agreed that, as the prestige and status of teachers are raised in the community, as more professional recognition is given, there will be more and more qualified people attracted to the teaching profession, and there will be a decline in the loss of teachers.
The Committee strongly recommends that more emphasis be given to ways of increasing the status of teachers in every possible way.
This can be done through higher salaries, recognition of outstanding per formance, extra salary increments based upon professional achievement, and pro fessional improvement.
The Committees strongly recommend that the teachers be given relief from outside activities not related to teaching.
IMPROVEMENT OF QUALITY OF THE PROGRAM OF TEACHER EDUCATION
The Committees recognize the value of learning "how" to teach as well as
INTERIM COMMITTEE REPORTS
2119
"what" to teach. The Committees found some evidence that requirements for the so-called professional education courses may be excessive. This seems to apply more at the graduate level programs.
We recommend that the State Board of Education and the teacher training institutions reexamine the requirements for professional teaching courses, elimi nate any duplication or overlapping, and unnecessary courses found in these programs.
On the basis of our study, the Committees recommend that more attention be given to study in the content or subject areas in addition to possible curriculum revision of the professional courses.
We note that the State Board of Education has increased the requirements in content or subject courses for graduate studies by teachers. We commend the State Board of Education for taking this action and recommend further study in this area.
There needs to be a realistic approach to the matter of giving proper under graduate or graduate credit for study in the appropriate teaching field. We be lieve that some rules and regulations are not flexible or adaptable and teachers are being deprived of an opportunity to increase their knowledge or ability.
While the six year certificate is an incentive to improve the quality of teach ing, it should not be considered the only method by which a teacher may receive higher salary.
The Committees found that some teacher training institutions have a tendency to stay on the defensive. We recommend that all who are involved in teacher training continue to conduct thorough studies and self-analyses of their pro grams, particularly their curricula in professional education courses and in the content area of the teacher's specializations.
The Committees found that there actually is no one measure to determine whether or not a teacher is competent to teach in a subject area in which he may be certified. Teacher training institutions should add other plans to make certain that a prospective teacher completing a program and ready to be certified is competent in the teaching field for which he will receive a certificate.
METHOD OF PAY
The Joint Committee of 1959 recommended that research be conducted by the State Board of Education and the Board of Regents into a system of career or incentive pay for teachers.
We regret that we found that nothing substantial has been done in this important area. We call your attention to this report:
"A very sizeable part of a teacher salary increase should come through a system of merit and/or incentive pay. The State Board of Education, through the Department of Education and the local school systems, are urged to begin immediately to set up a system of merit and incentive pay. This may well be
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4
combined with a six year professional certificate and the present salary schedule, by giving special consideration for proficiency in content courses in the area of teaching."
FACILITIES
It was evident to the Committees that the facilities in most of our public teacher training institutions are below the standards of the other units at their colleges or universities.
The Committees recommend that the University of Georgia be provided a new building for the College of Education including an adequate department of industrial arts and a department of psychology which will be in keeping with the importance of the profession of teaching. These facilities should be provided immediately.
We recommend that this building be provided with the most modern and up to date equipment and teaching aids.
We recommend also that every other unit within the University System give equal importance to providing adequate, modern facilities for their teacher education units.
If the prestige and status of teachers is to be raised, the facilities at the University and at other institutions within the University System must be equally in keeping with the facilities of other colleges and schools on the same campus.
TESTS AND EXAMINATIONS
Much emphasis is being placed on tests and examinations in all areas in the field of teacher education, both nationwide and in Georgia.
The Committees wish to point out that while tests may be a guide toward improvement, they don't give the whole answer, and should be used with great care.
If the teaching profession is to be upgraded, and is to commend more pro fessional recognition, teachers themselves must be ready to prove their ability by submitting their competence to tests and professional rating, as do lawyers, doctors, engineers, etc.
The Committees believe that such tests as given to teachers to determine their competence should be given as teachers enter the profession, rather than to wait for years and then apply a test to determine whether or not the teacher is competent to do the job he is doing.
CERTIFICATION
The Committees heard a great deal of testimony about certification of teach ers, both from State Department of Education officials responsible for certifica tion, and from individual teachers.
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2121
This testimony shows that certification is a broad and complicated area.
We recommend that much additional study be given to certification, both by the State Department of Education, and the appropriate committees of the General Assembly.
Testimony given the Committees shows that there may be errors and abuses in certification.
Several teachers who appeared before the Committees told of difficulty in obtaining proper certification, even though they were obviously well prepared to teach in their fields.
It is evident from the testimony that there should be more flexibility in the area of certification, and that proper procedures and regulations should be established so that a well-qualified person may be able to teach, and is not barred merely because of procedures.
The Committees recommend that the State Department of Education estab lish procedures so that teachers may obtain their certificates without delay since the certificate which the teachers hold determines the pay which the teacher receives.
Therefore, as we have stated elsewhere in these recommendations, we urge that the State Department of Education establish additional methods so that teachers can receive additional pay increments where professional growth or improvements has been attained, and also that additional pay be given for length of service beyond the present 9 year limit.
COOPERATION
The Committees found much evidence that there is a lack of coordination in the various teacher training activities.
It is apparent to the Committees that the State Board of Education, the Board of Regents, the General Assembly, and all teacher training institutions should make every effort to coordinate and improve teacher training activities.
It also is evident that there needs to be more cooperation and understanding between the public institutions of higher learning and the private institutions.
The private colleges and universities should be given every opportunity to make a maximum contribution in the field of teacher training.
The Committees found a lack of cooperation in the teacher training insti tutions between faculty of the colleges of liberal arts and sciences and faculty of the colleges or departments of education: More cooperation and understanding should be attained.
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FURTHER STUDY
The Committees have conducted an intensive and broad study into teacher education in Georgia.
However, many evidences point up the need of analysis and study of other areas of education.
Some of these are covered in the separate reports by the individual Com mittees, and by sub-committees.
Other require further study.
Therefore, we recommend that the General Assembly at its next session continue its study of education in Georgia, particularly in these areas:
Use of tests.
Expansion and improvement of Junior Colleges.
Expansion and improvement of vocational education.
Distribution of State finances.
Certification.
RECOMMENDATIONS -- 1959
The Joint Committee on Education makes the following recommendations:
TEACHERS
1. As soon as the financial condition of the state permits, salaries of school teachers should be increased.
2. A very sizeable part of a teacher salary increase should come through a system of merit and/or incentive pay. The State Board of Education, through the Department of Education and the local school systems, are urged to begin immediately to set up a system of merit and incentive pay. This may well be combined with a six year professional certificate and the present salary schedule, by giving special consideration for proficiency in content courses in the area of teaching.
3. Since a merit or incentive pay system requires going into new principles of determining teacher remuneration, it is recommended that the University of Georgia conduct research in this area, and that funds be allotted for this purpose.
4. Continuing research should be conducted in the field of public education, below the college level, and a system of disseminating this research be developed.
5. In addition to increasing financial remuneration, other things should be
INTERIM COMMITTEE REPORTS
2123
done to make teaching more attractive; so that we will have more able young people training to be teachers; so that teachers already trained will continue to teach; and so that we may be able to attract teachers back to the profession, who may have left for jobs in business or industry, or who may have gone to other states. This could include teacher scholarships; credit toward retirement for training and experience in related fields; credit toward certification for training and experience in related fields; credit toward certification and retirement for experience in other systems or other states; more security in position; and more recognition for outstanding performance.
6. The pupil-load per teacher should be reduced. The state now allots over 31,000 teachers for about 900,000 students--One teacher for each 29 students-- yet many teachers now have over 40 students enrolled in their classes.
7. The present teacher education program should be carefully re-studied, with special emphasis on proficiency of the teacher to teach in his or her area of certification.
8. The teacher scholarship program should be financed.
(Note: The recommendations regarding teachers are listed first because the committee feels that the greatest cause of the problems that face us is the lack of a sufficient number of well trained and dedicated teachers, and that the problem cannot be solved until this situation is corrected. When all of our school systems are able to recruit and hold an adequate staff of fully qualified teachers, we will be able to achieve a statewide program of excellent schools.)
STUDENTS
1. The school program, from the elementary school through high school, should put emphasis toward enabling all students to achieve to their maximum capability. In the majority of schools, the program is now geared to the average.
2. The education program should be of wider scope, including a greatly ex panded program of vocational education, so that high school subjects will be taught in high school and college courses will be taught in college. The emphasis is to provide a variety of courses, so that the students individual needs will be met, and so that the slow or non-interested student will not lower the level of the courses for the talented student.
3. An adequate system of testing, qualified guidance, and individual evalua tion should be instituted in every school, in every system, in the state.
COLLEGES
1. There should be more curriculum coordination between the high schools and the colleges.
2. Colleges should provide a more adequate make up program, so that able students who lack academic preparation will be able to enter and succeed in college.
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JOURNAL OF THE HOUSE,
ADMINISTRATIVE
1. Administrative defects which exist both on the state and local system level should be corrected.
2. There should be a re-study of the method of distribution of state funds to local systems.
3. We strongly recommend that the State Board of Education and the Georgia High School Association study and correct immediately the situation whereby too much student and teacher time is taken up in extra-curricular activities.
LOCAL EFFORT
1. Local citizens, through their boards of education, should take their part of the responsibility for providing the proper program of education. This should be done through both greater financial contributions, at the local level, and in support of improvement of academic excellence.
EXPANSION
1. Efforts should be made to expand college level opportunities, through junior and senior colleges, in all areas of the state. Local and area vocational schools also should be expanded.
LEGISLATIVE
1. The appropriate legislative committees of the Senate and House, both individually and jointly, should be empowered to keep up to date a legislative study of our state's school system.
RECOMMENDATIONS --1957
I. The State of Georgia undertake at once to make available to the Board of Regents of the University System adequate funds for correcting deficiencies that now exist in institutions under its control, and for increased enrollments, plant expansions, superior faculties, and well-developed programs of necessary public services so that these institutions may be in a position to discharge effectively the varied educational responsibilities that have been placed upon them by the State.
II. The State of Georgia undertake at once to make available in its overall budget an appropriation for the operation of junior or community colleges within the State of Georgia.
III. The Regents of the University System of Georgia be designated as the State agency under whose direction and supervision community or junior colleges may be established and operated.
IV. Authority be made available to any county, counties, independent school system, and other political subdivision, with taxing power within the State of Georgia either singly or in combination with any other such political subdivision,
INTERIM COMMITTEE REPORTS
2125
for the establishment and operation of two-year community or junior colleges, provided that,
A. The standards, requirements, and criteria prescribed by the Regents of the University System of Georgia shall be complied within a satisfactory and acceptable manner to the Regents.
B. All funds necessary for the State's participation in the operation of any additional junior or community colleges be made available to the Regents of the University System by the General Assembly of Georgia or the State Budget Commission separate from the funds necessary for any regular and current requirements of the existing units of the University System.
C. Funds made available by the General Assembly or the State Budget Commission shall be paid by the Board of Regents to designated, qualified, and approved junior colleges for teaching, instruction, and maintenance purposes on the basis of not less than $300.00 per nine-month academic year for each full-time equivalent student as described and defined by the Regents of the University System of Georgia, with all other costs to be provided by the approved operating agency. This basis for operations is limited to com munity junior colleges operated by a governmental subdivision or subdivisions who have qualified under standards, requirements, and criteria as prescribed by the Regents of the University System of Georgia.
D. All units or agencies of the University System now in existence shall continue to be operated and maintained on the same basis as exists under present laws,
E. The Regents of the University System of Georgia, in setting up requirements and standards for community type junior colleges, consider, but not be limited to, the following criteria:
1. Non-public institutions already providing for educational needs in an area where a petition may be received for the establishment of a community or junior college.
2. Potential enrollment.
3. Adequate financial ability of community or areas requesting the establishment of community or junior colleges.
4. Physical facilities meet standards prescribed by the State Fire Code and by local community requirements.
5. Academic standards and faculties to meet requirements of ac crediting agencies.
6. Operating procedures to meet standard requirements.
V. That any county, counties, or other political subdivision or independent school system with taxing power or any combination thereof desiring to establish a community or junior college under this plan shall first petition the Board of Regents, setting forth the need for such an institution in an area together with evidence of ability and willingness to finance and operate the same locally with the exception of the amount to be contributed by the State on a full-time equivalent student basis.
It is further recommended that legislation be enacted immediately, directed to the establishment of this program.
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RECOMMENDATIONS -- STATEWIDE ORGANIZATIONS -- 1953
1. Central Accounting for the entire Department with a comptroller directly responsible to the State Board of Education.
2. Personnel of the State Department of Education should be employed by the State Board o'f Education upon the recommendation of the State Superintend ent of Schools. However, in cases where disagreement arise between the State Board of Education and the State Superintendent of Schools concerning the em ploying or retaining personnel, the State Board of Education should have final authority.
3. Number of divisions or work units be reduced so that unity and coordina tion will be functionally insured.
THIS SHOULD HAVE EFFECT OF REDUCING PERSONNEL.
4. Field staff be located in area offices. All supervisory service should be coordinated with not over five or six area offices recommended.
5. Adequate research be established.
6. We recommend that in the reorganization of the Department, all necessary services of the public schools be taken into careful consideration and adequately provided. However, we would like to point out that the chief function of the department is to work with Local Systems in every way possible to produce better programs of study or curricula and better methods of instruction. Therefore, the organization should be of such nature that curriculum development and improve ment of instruction be unified and coordinated. The Department should never lose sight of the fact that all that is done in terms of physical facilities, teachers, finances and the like, has but one purpose and that is to provide better oppor tunities for the development of boys and girls in the public schools.
NOTE: Since this portion of the committee's report was written, it is noted that the State Department of Education is in the process of being reorganized. We wish to commend the proper officials for taking this step.
The committee further recommends:
7. That present laws be clarified, placing the full responsibility for directing the school program in the State of Georgia in the State Board of Education, and that the State School Superintendent be the administrative officer of the Board charged with the full responsibility of carrying out the policies as outlined by the Board.
8. That the General Assembly carefully survey several methods of selecting State Board members with the idea of determining the method that will most likely produce a Board that will express the will of the people in the operation of the state school system.
9. That the State School Superintendent shall be elected by the State Board of Education.
10. That the State Board of Education make a thorough investigation of the State Department of Education with the idea of reducing personnel if it can be accomplished without seriously impairing the efficiency of the educational program.
NOTE: This recommendation is occasioned by the findings of the committee
INTERIM COMMITTEE REPORTS
2127
which reaveal that during the past ten years the number of employees in the State Department of Education has grown from 120 to 648.
11. That the State Board of Education set up a contract for all professional personnel of local schools that will be binding on the professional personnel as well as on the local board of education.
RECOMMENDATIONS -- LOCAL SCHOOL SYSTEMS --1953
1. That the State Constitution be amended so as to allow any county in the State to change the methods of electing Boards of Education and school super intendents upon a referendum to the people.
2. That the Attorney-General of Georgia shall be charged with the respon sibility for prosecuting any local school officer or officers for the misuse of State school funds when such is reported to him by the State Auditor, and that he shall have the authority and shall be charged with the responsibility to sue for recovery of any funds which have been misappropriated.
3. That more rigid budgetary controls be set up by the State over local school expenditures requiring local schools to live within their incomes in order to receive State funds. Monthly budget reports seem advisable.
RECOMMENDATIONS -- TRANSPORTATION -- 1953
I. It is recommended that all existing laws on pupil transportation be repealed.
II. It is recommended that a new all-inclusive pupil transportation law be prepared by the Committee and recommended to the Georgia General Assembly for enactment.
The new law should authorize the State Board of Education to:
A. Determine annually the number of approved buses operating in each school system, and to annually allot necessary funds for their oper ation. Funds allotted to counties based on the number of buses should not exceed fifty per cent of such funds as may be budgeted for trans portation.
B. Allot the remaining portion of State funds for transportation to the counties on a per pupil basis with the amount of funds per pupil varying inversely according to the density of transported pupils.
C. Establish minimum standards with respect to bus schedules and walking distances to schools and to bus routes, which should standardize transportation service to all pupils throughout the State.
D. Establish minimum standards for school bus equipment, such as all-steel bodies, directional lights, safety glass, warning lights for stops, and color of school buses. Adopt annually a multiple list of approved equipment and approved prices for each piece of equipment on a qualitatative purchase basis and furnish this list to local boards of education. Financial arrangements should be provided at the state level to assist counties in the purchase of buses which are county-owned and operated.
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JOURNAL OF THE HOUSE,
E. Provide for a minimum amount of property damage and liability insurance for each bus and for each pupil transported to and from school.
F. Establish minimum standards for the qualification of bus drivers.
G. Establish such rules and regulations as may be necessary for the efficient operation of buses and to insure the safety of transported pupils.
H. Provide leadership services to county school officials in main taining a safe and economical program of pupil transportation.
III. The new law should authorize County Boards of Education to:
A. Be made the administrative authority in matters affecting pupil transportation. Each local board of education should be required to establish well-defined policies affecting the safety of children and the operation of buses.
B. Provide pupil transportation by means of county-owned and oper ated buses. Contracts now in force with individuals and/or corporations shall be permissive for a period not to exceed three years from effective date of this act. After the three year following enactment of this law, State funds shall be allotted only for county-owned and operated buses.
C. Expend State and local school funds for pupil transportation.
D. Employ school bus drivers and to annually fix a schedule of salaries.
E. Insure school children riding to and from school against bodily injury or death resulting from accidents.
F. Use written contract for the employment of each bus driver.
G. Transport only school children and school employees to and from public schools, and to and from such other school functions as are ap proved by the local Board of Education.
IV. The new law should authorize the State Department of Public Safety to:
A. Inspect annually all school buses and more often when requested to do so by local school authorities.
B. Establish requirements for licensing of all school bus operators and test each driver for skills in operating a bus prior to the issuance of such a license.
C. Assist State and local school authorities in promoting safe pupil transportation. Encourage and give guidance to the school boy patrol program.
V. The new law itself should provide:
A. A speed limit for school buses.
B. Require all school bus drivers to stop before crossing a railroad track or before entering a highway.
C. That passing motorists stop while children get on and off the buses.
INTERIM COMMITTEE REPORTS
2129
D. Transportation allotments continued as part of the Minimum Foundation Program.
RECOMMENDATIONS -- CURRICULUM -- 1953
1. That more emphasis be placed upon acquiring the basic skills of an educa tion such as the language arts, mathematics, social science, natural science, and the development of creative ability.
2. That vocational education be expanded and become better integrated in the total program of education, and that each pupil shall have the benefit of occupational guidance before completing high school.
3. That participation in extra-curricular activities by individual pupils be more restricted as to time employed and the number of organizations to which an individual may belong, and that high standards be met before allowing par ticipation in interscholastic events of any kind.
JUNIOR COLLEGE DEVELOPMENTS IN A FEW STATES*
In Florida today, there are 25 public junior colleges. Eight were established during the past two years. The state, which is attempting to put two-year campuses within commuting reach of all high school graduates, will open four new junior colleges in the fall of 1962.
Evidence of the success of this program is apparent. Dade County Junior College, which opened for business two years ago, now has enrollment of 3,341 students. Brevard Junior College in Cocoa, Florida, opened two years ago and now has an enrollment of 1,248 students.
In considering growth, junior college people often refer to the "Chipola Index." In 1947 Chipola Junior College was established in Jackson County, Florida. At that time, only seven per cent of the high school graduates in the county enrolled in college. During the past two years, more than half of the high school graduates began college careers -- seven per cent outside the county and the remainder at Chipola Junior College.
Of California's 70 junior colleges, 12 were established in the past ten years. The California colleges enroll 125,000 full-time students, more than % of all the students in the first two years of public higher education in that state. Plans for junior college establishment and expansion in California for the next five years call for the expenditure of $350 million.
*PUBLIC INFORMATION American Association of Junior Colleges 1777 Massachusetts Avenue, N.W. Washington 6, D. C. Telephone: 462-4031 SOME FACTS AND FIGURES Growth of the Publicly Supported Junior College August 1, 1962
2130
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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
Delegates Attending:
Representative George Busbee, Albany
Representative Robert Cloer, 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 Com mission on Legislation of American Association of Junior Colleges, Americus.
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 de tailed findings and recommendations before the next session of the General As sembly concerning the creation of these colleges, and intends to prepare legislation necessary to carry out its recommendations. Copies of these recommendations will be mailed to each member of the General Assembly prior to the next session.
INTERIM COMMITTEE REPORTS
2131
REPORT OF SPECIAL SUB-COMMITTEE ON THE STUDY OF GEORGIA VOCATIONAL EDUCATION 1961 APPOINTED BY REPRESENTATIVE J. BATTLE HALL, CHAIRMAN OF THE GENERAL ASSEMBLY JOINT COMMITTEE ON EDUCATION RECOMMENDATION 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 recognize 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 Education 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 indus tries 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 establish a Committee to make a thorough study of the need and feasibility of making avail able advanced academic training above the present high school level in conjunction with the operations of these 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 education needs cannot be met in this way.
David L. Newton, Chairman
E. C. Davis
Brooks Culpepper
George J. Williams
RECOMMENDATION OF EDUCATION COORDINATING COMMITTEE ON REQUIRED LOCAL EFFORT
1962-1963 1961-1962 1960-1961 1959-1960 1958-1959 1957-1958
7 mills
$27.5
15.8
$25.7
15.2
$23.4
15.2
$22.2
15.7
$20.9
15.4
$19.6
15.5
15% $26.2 $25.3 $23.1 $21.2 $20.4 $18.9
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JOINT EDUCATION COMPARATIVE DATA --1961
NAME OF STATE SCHOOL
SYSTEM
1. Avg. Daily Att. (1960-61)
2. Total State Budget (1961-62)
3. Cost for each Child (A.D.A.)
4. Cost for each Child exclud. Bldg. Funds
5. Teachers Salary: a. Masters Degree with 12 yrs. experience b. Bachelor Degree with 12 yrs. experience
6. Total Instruction Cost
7. Percent of Total State Budget
8. Pupil-Teacher Ratio Basic Units
9. No. Adm. Employees State Dept. of Edu.
10. Cost Oper. Edu. Dept. (61-62)
11. Cost of Edu. Dept. per A.D.A.
12. Cost of Tranportation (Budget 61-62)
13. Number Transported (1959-60)
14. Textbooks and Instruc tional Materials
15. Vocational Education
16. Maint. and Operation
17. Vocational Rehabilitation
18. Capital Outlay
19. Equalization
GEORGIA 847.516
FLORIDA 922,435
N. CAROLINA 1,024,866
$214,332,146.00 $237,524,739.00 $229,133,439.00
253.00 $
258.00 $
244.00
229.00 $
239.00 $
224.00
$
4,500.00 $ 5,220-$6,800 $
5,606.50
$
4,100.00 $ 5,000-$5,600 $
5,050.00
$137,523,460.00 $174,722,264.00 $189,475,237.00
64.2%
73.2%
82.7%
26.3%
1960-399 1961-445
26.7%
1961-1962 237
28. %
1960-61 281
$ 2,709,943.00 $ 1,386,574.00 $ 1,613,327.00
3.20 $
1.50 $
1.57
$ 14,481,994.00 $ 6,063,750.00 $ 10,217,816.00
436,079
282,412
532,113
5,696,200.00 $ 3,000,000.00
4,851,475.00 $ 9,088,810.00
16,950,000.00 $ 13,990,925.00
3,811,153.00 $ 1,100,000.00
20,000,000.00 $ 17,742,800.00
5,980,000.00
NONE
4,174,736.00 7,577,266.00 9,708,329.00
806,496.00 NONE NONE
INTERIM COMMITTEE REPORTS
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In North Carolina the salary schedules for all instructional personnel is much higher than is Georgia's. See North Carolina's salary schedule. Page 18.
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 serv ices will about counterbalance 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.
REPORT OF COMMITTEE ON PRIVATE EDUCATIONAL
INSTITUTION (SR 152)
BACKGROUND
For several years the Georgia Association of Colleges, the Georgia Asso ciation of Junior Colleges and the GEA Department of Higher Education have advocated the exemption of the state sales tax on articles not for resale purchased by our private colleges.
The best interests of our state schools and of our eduactional system demand the continued growth of these privately supported colleges, which educate ap proximately one-third of our students in higher education.
Such a tax creates a financial hardship on many institutions. It added to Emory University, for example, as much as $80,000 each year to the cost of operating the institution. For Andrew College, a small church related college in Cuthbert, it added annually $1,650.00. Andrew only charges $795 to educate a student each year. Yet it costs $1,100 to educate each student, not including capital funds.
Cognizant of such facts, Senator Zell Miller introduced a Resolution (SR 152) in the 1962 General Assembly which set up a five man interim committee to study the state tax structure as it relates to private educational institutions.
Lieuenant Governor Garland T. Byrd appoined Senator Miller, Senator A. Sid Newton, Senator G. Ed Perry, Senator Charles F. Warnell, and Senator R. O. Persons, Sr., to the committee.
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In an early organizational meeting the committee named Senator Miller as Chairman and Senator Newton as Secretary.
On August 16, 1962, after the committee had begun its studies, Governor S. Ernest Vandiver, announced the listing of the sales tax by executive order. Over a hundred educators from throughout the state were present to hear the Chief Executive exempt the private institutions from such a sales tax as of October 1, 1962, as follows:
"Whereas: There are a number of independent colleges and univer sities located within the State of Georgia which are making significant contributions to the cause of higher education in this State; and
"Whereas: These private and independently supported universities and colleges now provide approximately one-third of Georgia's total college enrollment and thereby offer quality education for many thousands of Georgia's finest youth; and
"Whereas: The costs of operating these institutions have increased annually far in excess of their endowments, income from tuition charges and special grants from the federal government; and
"WHEREAS: It has been made to appear to me that these institu tions are confronted with a financial crisis and that their educational pro grams, so essential to the future of this State, are in danger; and
"Whereas: Section 40-205 of the Code of Georgia provides that the Governor of the State may suspend collection of taxes or any part thereof, due the State until the next meeting of the General Assembly but no longer; it is therefore
"Ordered: That effective October 1, 1962, the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on purchases and leases of tangible personal property and services ex clusively for educational purposes by those Georgia schools of college grade level only, the academic credits of which are accepted as equivalents by the educational units of the University System of Georgia, where it is de termined that the University System of Georgia enjoys immunity from such taxes, be suspended until the next meeting of the General Assembly of Georgia.
"This 25th day of September, 1962.
/s/ S. Ernest Vandiver Governor."
Realizing that this order would have to be confirmed by the next legislature, our committee continued its studies for what we hope will be a useful report to the General Assembly.
FINDINGS OF THE COMMITTEE
The privately supported schools are a vital and essential part of the American higher education system. The best interest of our state schools, and of our educa tional system, demands that these privately supported schools continue and grow.
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These privately supported schools take a great load off our state schools, and thereby the tax payer. A careful study made a few years ago showed that, on the average, every student in the tax-supported schools cost the state $850. Therefore, the private colleges save the state that much for each young Gorgian they train. Any reasonable move to enable the privately supported schools to maintain or increase enrollment is an economic gain for the state and the tax payer. The tax-supported colleges are hard pressed for funds to offer satisfactory programs for the students they now have; so we need to encourage those citizens who are willing to send their children to privately supported schools.
If the private colleges and universities did not pay sales tax, those amounts
could be put into programs of the institutions for continuing educational im provements to be carried ultimately through the state. For instance, a college which spends $20,000 annually, could take that money and divide it into average college.
The money could also be used to pay better salaries to faculty members. The private colleges constantly lose professors to the state schools because they can pay better salaries. That actually puts the private schools in the position of paying a tax to support the state schools so that they can outbid the private ones for competent faculty.
Moreover, the independent colleges are borrowing funds from the United States Government with which to erect buildings that will alleviate the crowded campus conditions, but in doing so the independent schools must pay a toll to the state government out of funds borrowed from the national government. The state schools, on the other hand, are erecting buildings on funds borrowed from the federal government without having to pay the sales tax.
A major source of support for our private colleges is gifts. By state and federal law, these gifts are tax-free; that is to say a donor is relieved of paying income tax on gifts he makes to colleges. But when we levy a sales tax on the purchases made by these colleges as they use these gifts, we are subjecting the gifts to taxation.
Since the state tax-supported colleges are not required to pay sales tax, levy of the tax on the gift-supported schools is a discrimination against them. It makes library books and laboratory supplies, for example, cost more at the privately supported schools.
In conclusion, it is our opinion that the beneficiaries of this proposed ex emption would actually be the students, their parents and the state at large. Elimination of this tax would help achieve either or both of two objectives: reduce some college costs, and enable the college to improve and increase the extent and quality of the educational program.
We recommend that Governor Vandiver's order be ratified, approved and confirmed.
Zell Miller, Chairman A. Sid Newton, Secretary
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REPORT OF SENATE EDUCATIONAL RIGHTS COMMITTEE (Senate Resolution 153 -- 1962 Session)
INTRODUCTION:
Pursuant to Senate Resolution Number 153 of the 1962 Session of the General Assembly, the Educational Rights Committee, which was created by Senate Reso lution Number 51 of the 1961 Session, continued its study of laws relative to education, with particular emphasis on the Statutes enacted at the 1961 Session known as the "Governor's Package Plan" for schools.
The members of the Committee are as follows: Senator Dan F. Hart, 53rd District, Chairman; Senator James M. Dykes, 14th District, Vice Chairman; Sen ator W. C. Long, 3rd District, Secretary; Senator Tom Veazey, 19th District, Attorney; and Senator Edgar D. Clary, Jr., 29th District, Treasurer.
FINDINGS, REMARKS, RECOMMENDATIONS
The Committee gave extended study to the 1962 Primary and General Elec tions in Georgia to determine how a majority of Georgians voted on certain issues so the Committee could make a more complete report.
The Lieutenant Governor's race in the Primary Election was closely studied primarily because the lines of Moderate-Liberal versus Conservative were more clearly drawn in this race and the Committee findings show Conservative by an overwhelming majority.
The Committee gave extended study to the proposed Constitutional Amend ment No. 1, in the General Election and which was ratified by a great majority of the people of Georgia.
The Committee study shows that this Amendment was overwhelmingly ratified by the people without any leadership support, and without any support or explanation from the big metropolitan Daily papers.
The Committee reports that the expressed purpose of this Amendment No. 1 is to give the school children of this State some freedom of choice and freedom of association for better education appreciation and the only Statute on the law books today which can carry out this expressed purpose and desire of the people is the Tuition Grant Law.
The Committee has reason to believe that there will be some propaganda and that certain Minority groups will make every effort to deny our school children any freedom of choice whatsoever, by continually attacting the Tuition Grant Law which is the only law now standing in their way.
The Committee feels that attacting of the Tuition Grant Law by propaganda methods and by Minority groups will be for the purpose of getting the law amend ed so it would be ineffective and also to put adverse pressure on our State School Board who are charged with implementing this law.
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The State of Virginia has had in effect for several years a Tuition Grant Law. The Amendments to the Georgia Law, which were adopted in 1962, are patterned to a large degree after this Virginia Statute. This law has worked remarkably well in Virginia and has not affected the program of public educa tion as some people had claimed it would. The Committee's recent study of the situation in Virginia has served to strengthen the opinion of the members of this Committee that the Georgia Tuition Grant Law fully implemented will not only carry out the wishes of the great majority of the people, but will be in the best interest of the public education program for all our children.
The Committee urges all State and local officials to support to the greatest degree the desires of the people for better educational opportunities for Georgia's children by supporting the Tuition Grant Law and the provisions of the Consti tutional Amendment referred to hereinbefore.
Respectfully submitted: Dan F. Hart, 53rd, Chairman James M. Dykes, 14th, V.-Chairman W. C. Long, 3rd, Secretary Tom Veazey, 19th, Attorney Edgar D. Clary, Jr., 29th, Treasurer
REPORT ON FORESTRY AND ALLIED PRODUCTS
This report will cover most segments of Georgia's forestry products, es pecially lumber, which is the most distressed product in the industry.
Georgia has more than 196,000 landowners, therefore it is economically important to many citizens of Georgia and the revenue of the state to keep the forest industry abreast of the fast-changing times.
Lumber production in Georgia was off last, year approximately 14 million dollars in stumpage sales. This decrease cost the state in tax revenue alone approximately one-half million dollars per year. Practically all of this loss was in lumber with a small amount in poles and piling. The above figures were obtained from a field survey of Georgia industry.
The total land area in Georgia is 37,382,700 acres; 25,772,200 acres of this is commercial forest land which produced in 1960 from forest based industries an output value of 956 million dollars. This industry ranked third in the state, only out-ranked by textiles and food manufacturing.
Forest industries furnish employment to over 36,500 employees. This does not include employees in retail establishments, woodyards and wholesalers handling forest products.
The field survey shows a decline in lumber employment and production starting about 1953 and continuing to the present. This decline is caused by
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competition from West Coast woods and mechanization in the industry. Should this decline be allowed to continue it will place a large amount of common labor on Georgia's already heavy-laden common labor market. Jobs for this type of labor are becoming more difficult to secure, therefore this places a further burden on the taxpayer.
Should the lumber segment of the forest industry cease to exist it would reduce the price of saw timber to its next competitor which would be approxi mately a 30 % cut in price of this size tree.
In the field survey of the state, it was found that in some areas where there was not a local market for saw timber or pulpwood, the price on wood was as much as 50% lower than in areas where there was a local market for these products. This shows the importance of maintaining markets for lumber and allied products.
There has been many drastic changes in the lumber industry in the past twelve years. Cost has constantly increased in equipment, labor and raw material. This forced the industry to purchase costly equipment to utilize waste and mech anize their plants as much as possible. This change in operation has reduced the number of mills from approximately 2,900 to 520, eliminating practically all small mills and some large ones.
This reduced the number of mills in Georgia approximately 80%, but the volume of lumber was only reduced approximately 30% due to the fact that the remaining mills mechanized and increased their volume. During this period the number of mills producing 10 million or more board feet per year increased from five to twenty. These twenty mills now produce 23% of the state's total volume.
Due to economic conditions and technical advances, the majority of the mills cutting pine timber have installed chipping equipment and are selling their waste material to the pulp mills. This utilization program of waste material makes it economically possible for some to continue operation. Also, this has practically eliminated the burning of slabs and waste at the mills.
During this drastic change, the industry lost its sales and advertisement program and also its contact with various state agencies and its education, both in the schools and to the public.
Lumber is still the desirable building product in Georgia, but a large per centage of it is now being furnished from the West. Our own state government is purchasing a large quantity of this competitive wood, which is not superior in most cases to Southern Pine.
The Georgia school building program virtually excluded Georgia Southern Pine and Hardwood in their school construction program, when it could have been used to construct as good or better facility. In many counties the forest industry is responsible for the economic well-being of the majority of families having children attending those schools. This is not true of the schools that have been constructed in the forest areas on the West Coast.
The Georgia Forestry Commission has excelled in leading Georgia to be the
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number one forestry state in forest growth and importance. The state, county and municipal governments should and must lead the way in utilizing wood where feasible in public projects and contracts to help give it the proper place in Georgia's industrial economy.
(Did you notice the stadium seats at your last two or three college games, chances are they were West Coast wood.) Treated Southern Pine is cheaper and better for this job.
Not one plant checked in this survey showed a fair return on its investment. This problem is acute and if some attention is not given it immediately, it will prove to be very costly to the state. If it had been attacked some six or seven years ago, it could have saved Georgia and its citizens millions of dollars. How ever, this economic problem can be rectified with proper attention.
Georgia has a law at present that very few departments of state govern ment know exist. It is Georgia Law 1937, P. 503 at P. 511, Section 11, which is quoted.
"Section 11. It shall be the duty of the Supervisor of Purchases in the purchase of and in contracting for any supplies, materials, and equipment and/or printing to give preference as far as may be reasonable and prac ticable to such materials, supplies, equipment and/or printing as may be manufactured or produced in the State of Georgia. It being the intention of this section to use in so far as is practicable Georgia products and/or Georgia labor; Provided, however, that in giving such preference no sacrifice or loss in price or quality should be permitted, and provided further that preference in all cases shall be given to surplus products or articles produced and/or manufactured by other State departments, insti tutions or agencies which are available for distribution."
This law should be amended or rewritten so that some teeth can be inserted in it and to extend it to cover all state contracts. This would not only be of great assistance to the lumber industry but also to our labor market.
I wish to make the following recommendations based on the findings of this survey.
1. That the General Assembly amend or enact new law to strengthen Georgia Law 1937, P. 503 at P. 511, Section 11, so that all state departments will strictly abide by it. Other states are using such laws to a good advantage and if Georgia does not, then our industries and labor are being placed in a discrimina tory position.
2. That the Forestry Commission and the Department of Commerce ar range a meeting with the Board of Regents and see if a better course can be taught to the architectural engineering classes at Georgia Tech on the use and properties of Georgia Southern Pine and Hardwood lumber, both treated and untreated.
3. That the Forestry Commission and the Department of Commerce arrange a meeting with John L. Fulmer, Ph. D., at Georgia Tech School of Industrial Management; five or more forest landowners and five or more lumber producers to discuss the cost of raw materials to the mills and study ways to better compete with West Coast wood.
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4. That the Lieutenant Governor along with the Speaker of the House appoint one member of the Senate and House familiar with the lumber industry to attend these meetings and assist in the drafting of the law recommended above.
5. That the Department of Commerce work with the industry to assist in putting together some type of association that the two may give Georgia's third largest industry better public relations, advise the public as to the importance of the industry, assist it in a sales program and ask the news media to give it more favorable coverage when possible.
Respectfully submitted,
O. D. Johnson Senator, 46th District
REPORT OF 1961-62 MEETING OF THE SOUTHEASTERN STATES FOREST FIRE COMPACT COMMISSION
November 30, 1962
The Compact Commission consists of the following states:
Georgia, Florida, Alabama, Kentucky, Tennessee, Virginia, West Virginia, South Carolina, North Carolina and Mississippi.
The purpose of the Compact is to make available to each member state assistance in case of a forest fire or fires to great for them to handle with their equipment. The Compact is well organized and functioning well with all member states both interested and enthused. The Compact has an annual meeting and committee meetings as they are required during the year.
Georgia has five members that represent the state in the Compact. At prsent they are Ray Shirley, Director of the Georgia Forestry Commission; O. D. Johnson, Georgia Senate; John Sheffield, Georgia House of Representatives; Downing Musgrove, representing forest products and William Lies, Jr., repre senting timberland owners. The Director is automatically a member of the Com pact. The representative for the Senate is appointed by the Lieutenant Governor, representative for the House by the Speaker of the House and the other two members by the Governor.
Georgia's participation in this Compact was created by Georgia law enacted in 1953, November and December session, Page 49. The Compact works out many problems at its meetings. Some of these are: equipment cost, control of equip ment and personnel when called, who is responsible in case of accident to personnel and equipment, standardizing of hose couplings so that each state's hose and pumps can be coupled up, radio band that all planes and ground crews can use, who shall be in charge of what at the fires, type of fires that might be en countered and briefing personnel of each state on various types of terrain that could be encountered.
Each state files an annual report on the number of fires, amount of acres burned per fire, total acres burned, number of arrests for unlawful burning and number of convictions and acquittals.
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Georgia had the most outstanding report and I wish to commend The For estry Commission and Ray Shirley for making this possible.
The Compact is well organized and ready for service. Ray Shirley was elected President for the ensuing year.
I wish to make the following recommendation. When Georgia is selected again to be the host state for the Compact meeting that the Forestry Commission notify the Department of Commerce and work out a program to welcome the Compact members and extend Georgia's thanks and hospitality to them.
A copy of the agenda of the November 29, 1962 meeting is attached. It lists the important problems that were expedited.
Respectfully submitted,
O. D. Johnson, Georgia State Senate
AGENDA
EIGHTH ANNUAL MEETING
SOUTHEASTERN STATES FOREST FIRE COMPACT COMMISSION
PEACHTREE MANOR HOTEL Atlanta, Georgia -- November 29, 1962
9:00 -- Call to order by Chairman. Introduction. Announcements. Reading by Secretary and approval of minutes of Seventh Annual Meeting. Amendments to bylaws. Chairman's Report. Appointment of Nominating Committee. Report on and acceptance of Pocket Sized Manual. Action on printing of manual.
10:15 --Coffee Break.
10:45 -- Progress report on Compact Air Net Frequency. Report of Long Range Compact Training Committee by John M. Bethea. Action on Report. Discussion on 1963 Compact Training. Selection of Host State for 1963 Compact Training Meeting. Appointment of 1963 Training Committee. Discussion of need for standardization of hose threads and color code for containers. Brief report of 1962-63 fire season by each State. Reports to be in writing and copy given to Secretary. Report of 1962 Training Meeting by Coordinator. Report of Nominating Committee. Election of Officers and Executive Committee. Remarks by Advisory Committee Members and others.
Adjourn
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FINAL REPORT TO
LT. GOVERNOR GARLAND BYRD ON
ACTIVITIES FOR PERIOD 1961-1962 BY
SENATE GOVERNMENT OPERATIONS COMMITTEE
Senator Wm. Malcolm Towson, Chairman Senator W. T. Jones, Secretary Senator Sam J. Gardner, Jr. Senator Harry C. Jackson Senator 0. D. Johnson
(Replacing Senator J. W. Claxton, resigned)
John L. Fulmer, Consultant
Room 321 State Capitol Atlanta, Georgia December 17, 1962
CONTENTS
Summary of Report
Page
A. Accomplishments, 1961-62 .________________,,__ _____________________ 1
B. Recommendations ______________.--______________________________ 2
I. Introduction ____________________________________________________. 5
II. Operating Methods of Committee _,,.________________________ 7
III. Committee Projects A. Peach processing _____,,__________________.____._________ 8 B. Police Academy __________________________________________________ 13 C. Reapportionment _____-______________,,____________ 19
IV. Reports, Hearings, and Other Materials __________________________ 21
SUMMARY OF REPORT
A. ACCOMPLISHMENTS OF COMMITTEE
In the period of approximately two years, the present Senate Government Operations Committee, which terminates in January 1963, has contributed im portantly to the future growth and prosperity of the State, to the welfare of its citizens, and to more effective local government.
FIRST ... It has secured a grant of $96,000 from the Area Redevelopment
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Administration to expand research on peach by-products, with a $500,000 Ford Technology Center at Experiment, Georgia, pending.
SECOND . . . The committee's information on the problems of the peach industry, with recommendations for solution of the problems, was important in assisting the peach growers of Georgia to organize under the Commodities Promotion Act of 1961, thus effectuating a better marketing program for Georgia peaches.
THIRD . . . The Committee worked through appropriate Georgia represent atives to obtain $500,000 for a greatly expanded Federal Horticultural Labora tory at Fort Valley, Georgia, which will investigate:
(a.) Longevity of peach trees
(b.) More desirable varieties of peaches for commercial purposes
(c.) The processing of pecans and peanuts
FOURTH . . . The Senate Government Operations Committee gathered in formation on the importance, requirements, government and operation of a Police Academy for Georgia. It then formulated a Bill, based on these findings, and incorporated the most highly recommended provisions in this Bill. The Bill was introduced into the Senate and the Committee helped get this legislation enacted by the Senate Legislature. Over time, the Academy is expected to greatly up-grade officers of the law, to increase their pride of profession, and to give the State a first class type of law enforcement. This will be reflected also in improved public relations on the part of officers of the law which may be expected to redound to the benefit of the State's tourist business.
AND FIFTH . . . The Committee participated in hearings on legislative reapportionment and helped greatly in getting legislation enacted which will apparently meet Court requirements that one house of the legislature be pro portionate to population.
B. RECOMMENDATIONS
1. Senate Internal Operations.
THIS COMMITTEE RECOMMENDS THE FOLLOWING AS A MEANS OF FACILITATING INTERNAL OPERATIONS OF THE STATE:
(a.) The purchase of one Zerox achine and one IBM Executive Type writer with paper ribbon to use in the Senate offices to improve and expedite the duplication of daily Senate calendars and status sheets during sessions. This will permit the office of the Secretary of the Senate to furnish copies of Bills and other printed matter to senators at any time during the year.
(b.) The Secretary of the Senate be authorized to employ personnel to operate the aforementioned equipment in the most economical manner.
(c.) The Secretary of the Senate and his proper aides work in con junction with the Clerk of the House and his personal associates to de termine if the Senate should prepare its own composite status or cooperate with the House on same.
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(d.) The Secretary of the Senate prepare a daily status sheet similar to the one used by the Clerk of the House.
(e.) The President Pro Tern and the Floor Leader of the Senate be provided with proper office space to conduct their business, with sufficient personnel to assist them.
(f.) The Senate retain a person fully qualified to operate expertly the present sound system in the Senate at all times while the Senate is in session.
(g.) The acoustic expert operating the sound equipment in the Senate be authorized to obtain any additional sound absorbers or equip ment necessary to control the sound in a proper manner.
(h.) The Secretary of the Senate confer with the appropriate State authorities in an effort to regulate the temperature in the Senate Chamber in such a manner that it will be best suited for the comfort of the members, avoiding either an over-heated or urder-heated Senate Chamber.
(i.) The Secretary of State make provisions for a sandwich and milk bar on the third floor of the Capitol when the Georgia Assembly is in ses sion. This is necessary in order to expedite the business of the Senate and House when they are in session and do not have time to leave the floor to obtain lunch.
(j.) The desk of the Secretary of the Senate located on the rostrum be equipped with adequate locks and keys so that important papers left there overnight will be properly safeguarded.
2. EXPANSION OF RESEARCH FUNCTIONS OF THE LEGISLATIVE COUNSEL'S OFFICE.
Legislative Committees are an absolute necessity to the effectiveness of the State Legislature. A complex, rapidly changing science and technology, rapid pop ulation growth and urbanization and the attendant problems complicate the legis lative function. In order that the State go forward rapidly and prosper, change must be adequately assessed in committee deliberations and reflected in legislative acts and appropriations. No legislative Committee can operate without informa tion and pertinent facts, based on fact-finding, hearings, and special investiga tions.
This Committee in the interest of committee efficiency and proper State pro gress, therefore recommends that Research Facilities of the Present Office of the Counsel be expanded to meet the needs of the Legislative Committees. The func tion of this Service shall be provision of research and necessary fact-finding by experts in support of the work of the various legislative committees.
I. INTRODUCTION.
The age in which we live is a fast changing one and is subject to stresses and strains. Population growth is speeding up in Georgia with increased concentra tion of people in the State's larger cities. A few counties, mainly those near large cities such as Albany, Atlanta, Augusta, Columbus, Macon, and Savannah, or along the Coastal area of Georgia, are showing the greatest growth. While there is a tendency for population growth to be confined to a few cities and counties in
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Georgia, more than two-thirds of the State's counties are suffering population decline, some quite sharp. Large population centers suffer from traffic conges tion, poverty, and a high crime rate.
But even more cataclysmic than population shifts in the pace of change in science and technology which affects most profoundly people, their institutions and their way of life. Scientists estimate that the scope of human knowledge has doubled in the last decade or so. This means that since Hiroshima, or in even a shorter time span, human knowledge, for good or bad, has advanced as far as it had in all previous history, i.e., several thousand years. Changing science and technology brings serious impacts on industry and commerce, methods of trans portation, education and educational institutions, community and social organiza tion, and on forms of government.
A legislative body is regarded by the public in terms of its law making and appropriations functions. But any change in a law, any increase or decrease in appropriations, and new enactments particularly, require study and deliberation. So many and so complex are the changes, that a legislative body can hope to ac complish hardly more than a fraction of what needs to be done in one session. Public pressure slows down the legislative process of course, but a deliberative body is inherently slow in arriving at legislative enactments. This problem is met in part by legislative committees which can specialize and spend more time study ing any given problem. A committee can hold hearings, issue studies, prepare bills for legislative action, and support their enactment on the floor of the Senate. Committees are therefore in the interest of faster legislative action. They can better reflect in proposed legislation the social, population, industrial, and tech nological changes as they affect legislative enactments, appropriations, new agencies of government created, and old agencies abolished or revamped. In fact, the efficacy, the efficiency, and the responsiveness of the entire govermental pro cess depends upon legislative committees and how effectively they operate.
The Senate Government Operations Committee is a Standing Committee of the Georgia State Senate. It is reconstituted with each new Senate. The present committee therefore came into being in January 1961 in the normal two-year cycle of the Senate. It expires with the beginning of the next legislature which takes control January 1963.
In appointing the members of the Senate Government Operations Committee, Lt. Governor Garland Byrd specified that the Committee continue to give over-all attention to problems affecting the economic development of the State, with speci fic reference to: (1) A Police Academy, and (2) Peach Processing.
The members of the Senate appointed to this committee were: Senator J. W. Claxton, 21st District, chairman Senator W. T. Jones, 23rd District Senator Sam W. Gardner, Jr., 47th District Senator Harry C. Jackson, 24th District Senator William Malcolm Towson, 16th District
In the Spring of 1962, Senator J. W. Claxton resigned to accept a position on
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the Pardon and Parole Board, and Senator 0. D. Johnson, 46th District, was ap pointed to fill the vacancy. At the same time, Senator Towson assumed the chair manship of the committee.
II. OPERATING METHODS OF THE COMMITTEE.
The Committee during the period concerned by the report employed four methods of data gathering and fact-finding: (1) Investigations, (2) Hearings, (3) Committee Deliberations, and (4) Legal and/or Research Consultants. Inves tigations included on-the-spot visits and inspections, and correspondence through the mail. On-the-spot investigations were employed both with the Peach Process ing Project and the Police Academy. Two members of the Committee went with a group from the Georgia Department of Agriculture, University of Georgia Extension Service, and Peach Growers to study the very extensive and wellorganized peach industry in California. Several packing sheds, canneries, coopera tive exchanges, and dehydrators, as well as the Los Angeles Wholesale Produce Market, were visited over a five day period. In Los Angeles, two chain store buyers of fresh produce were conferred with and a few specific stores in the city were visited in order to learn about produce displays, storage and pricing methods. In similar fashion, the operation of the Police Academy of Lexington, Ky., was studied by a member of the Senate Government Operations Committee. Data on the New York Municipal Police Training Council Program were obtained by the Committee's Legal Counsel.
Hearings on the Police Academy were held in Atlanta on May 15 (Organiza tional meeting of the Committee), June 2, June 23, and October 11, all in 1961. Except for the organizational meeting, experts from various state and private organizations gave information and offered suggestions.
Informal meetings of the Committee were also a method of digesting informa tion, taking stock, and determining the next steps. Often at these informal sessions, research experts would be invited to appear with data, reports, and samples. Drs. King, Woodroof, and several others from the University of Georgia, College of Agriculture, appeared with samples of various peach products in a December 1961 meeting. Research consultants appeared at the Conference in Athens, Georgia, November 20, 1961, to tell about research in progress on peaches, its status, and the research needs of peaches and peach products. In connection with the peach processing project, Dr. John L. Fulmer, Professor of Industrial Management, Georgia Tech, was retained as consultant to prepare a report on the California studies,1 and also on the Peach Research Conference 2 at Athens, November 20, 1961. Mr. Frank Edwards was retained as Legal Counsel and Mr. Ed I. Bernd, as consultant on the Police Academy program.
III. COMMITTEE PROJECTS.
A. Peach Processing.
1. Problems of the Georgia Peach Industry.
The expansion of the peach industry in Georgia is not keeping pace with population growth by a large margin. From 1920 to 1960, Georgia's population increased 37 percent, but output of peaches, often experiencing many lean years in the 1950's, was scarcely above the 1920 level.
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Comparisons on the basis of total population ignore urban population growth where the demand exists for high grade peaches at a good price. On this basis we find that in the 40-year period from 1920 to 1960, urban population in the United States increased 125 percent, or about two and a half times the growth in total population. Georgia's urban population during the period increased 200 percent, and the State now boasts of a city of one million. The striking change in the national and state urban population compared to a significantly smaller increase in the peach crop points up the problem of selling and marketing peaches through out the country.
In the South other competitors with Georgia during part of its peach sea son are South Carolina, Tennessee, Alabama, Mississippi, Texas, and Arkansas. However, it appears that most of these states except South Carolina and Arkansas have been declining in peach output for a number of years. Tennessee and Missis sippi in particular have had a sharp decline.
The following tabulation gives a statistical picture of peach production trends for some of these states compared to national production:
YEAR
1919 1929 1939 1949 1959 1962
U.S.
50,686 42,827 56,576 74,818 74,339 75,806
CALIF.
21,550 17,400 32,428 35,211 38,838 43,545
GEORGIA
4,789 3,246 4,359 2,040 3,400 4,200!
S. CAROLINA
390 690 2,043 2,300 5,500 7,000
x The value of the Peach Crop was 8.5 million dollars. Between years it varies from 8 to 12 million dollars.
By and large marketing methods employed in Georgia are those which have prevailed for many years. This runs contrary to a whole new set of attitudes and motivations of consumers brought on by radio and television. The housewives of this country have been moving rapidly toward the fairly expensive pre-prepared, pre-cooked, and other packing forms which favor labor saving and quickness of preparation in the kitchen. On the other hand despite growth of local markets in numbers and purchasing power, Georgia peach growers have done little to cultivate or develop a considerable potential volume relative to 2,000,000 urban consumers in Georgia.
Furthermore, there are problems created by low quality, sub-standard peaches, since great quantities of substandard peaches (Sizes below No. 1's) are not effectively kept out of the local markets for peaches in the Georgia area. The Peach Commission is moving in this direction.
1Study of Problems of the Georgia Peach Industry, including Recommenda tions for a Program of Research and Development, Published by Senate Gov ernment Operations Committee, September 1961.
^Report on Peach Research Conference, Athens, Georgia, published by Geor gia Department of Agriculture, February 15, 1962.
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2. INVESTIGATION OP PEACH INDUSTRY IN OTHER AREAS
Senators Claxton and Jones along with experts from the Georgia Department of Agriculture, University of Georgia Extension Service and prominent peach growers from Georgia visited the main peach growing and processing areas of California between July 23 and 29, 1961, for an investigation of the very suc cessful and highly regarded California peach industry. 1 It was studied from the farm through each stage of marketing onto shelves in retail stores. The group inspected farms and plants, and questioned managers, researchers and marketers in numerous establishments during a five-day, hot, grueling period in the sum mer of 1961. We learned that farmers are better organized, research is broader and more extensive, packing and marketing are under marketing orders as to quality, and sizeable amounts of money are spent on market promotion. Through dehydration, canning and other methods (dumping with a detergent), substand ard peaches and culls are kept from the market. Through high quality produce, market development and promotion, the large California markets at Los Angeles and San Francisco are being cultivated as exclusive home markets. This is a re versal of attitude on the part of farmers during the last fifteen years. Prior to that time, low quality peaches were dumped on the home markets.
Relative to the investigation of the consumer pack at Hancock, Maryland, and research projects in Washington, D.C., Senator Jones accompanied by Mr. Edgar Duke, President of the Peach Association, and a research consultant to the group, visited Hancock, Maryland, August 30, to view a demonstration of packing in consumer packages from the Dillon orchards. Eight consumer type packs were being employed, providing for packages of peaches varying from 3 to 24 peaches. Prior to packing the peaches were washed, hydro-cooled, defuzzed, and graded as to size. The packs and wrap-over materials were supplied by Diamond Na tional Corporation and the Reynolds Metals Company.
Consulations were held September 1-2 with Senator Russell's office and also with research personnel in the U. S. Department of Agriculture relative to an enlarged program of research. The representative learned that any enlargement of the program would have to clear through the normal budgeting channels of the Federal government. Experts suggested that a first step to obtaining an enlarged program of research would be a stock-taking session to learn the needs of addi tional research in the peach industry. This was subsequently conducted at Athens, Georgia, November 20, 1961.
The two reports which resulted from the field investigations, the Washing ton Conference, and the Athens research discussion and review have been cited above.
3. SOLUTIONS RECOMMENDED BY SENATE GOVERNMENT OPERA TIONS COMMITTEE.
First, remedies of immediate application: Begin development of Georgia market demands for peaches by (1) upgrading quality shipped to Georgia markets; (2) advertising and promotion of Georgia peaches in the larger urban cities of
1 The high interest and fine cooperation of the California Department of Agriculture are shown by the assignment of four state vehicles and high rank ing staff personnel to act as experts and official guides to the Georgia group.
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Georgia; (3) apply strenuous efforts to establish firm marketing relationships with chain buyers in Atlanta and elsewhere; (4) provide merchandising assist ance to chain buyers to push Georgia peaches into consuming channels in Georgia and nearby states; (5) ihiprove marketing relationships with market outlets out side the South; (6) remove substandard grades from farms by dehydration or other processes; and (7) upgrade the quality of peaches from orchards by hydrocooling.
Second, short term research proposals designed to solve some urgent pro duction and marketing problems: (1) experiment with the fancy pack; (2) market test a consumer's package with No. 1 Extras; and (3) promotion of consumer use of peach by-products.
Third, research recommendations designed to make the Georgia peach industry progressively more prosperous over the long run. These are: (1) Measurement of marketing potentials for fresh Georgia peaches; (2) determine the potentials for processing raw peaches into a manufactured product; (3) on the production side, research on quality up-grading of Georgia peach orchards in order to better meet potential demands of the future; and (4) technological re search into development of by-product uses for peaches.
The most promising by-product from peaches, according to Dr. J. G. Woodroof, Experiment, Georgia, is a peach concentrate. This has been accepted by a large Atlanta manufacturer as a stock for wine. The management of this plant is planning to go to full scale production. One national concern is consider ing mixing peach and orange concentrates for a breakfast drink. Peach concen trate is also widely used in the making of ice cream.
4. ACCOMPLISHMENTS.
Three major accomplishments for peaches can already be attributed to the Committee. First, the Area Redevelopment Administration has made a grant of $96,000 to Dr. J. G. Woodroof for stepped up research on the peach concentrate and other peach by-products. This is a direct result of application to ARA for a grant by the Georgia Department of Commerce, with materials and research reports to accompany the application supplied by the Committee. 1 In support of the grant for personnel is the contemplated Food Technology Center at Experi ment, Georgia. Advance planning, including necessary design and blue print lay out, provides working space and necessary equipment at an estimated cost of $500,000.
The second accomplishment is that Georgia Peach growers organized in April 1962 under the Commodity Promotion Act of 1961, into a Peach Com mission. Under its authority, farmers tax themselves to support advertising and research. The overall program adopted by the Commission comprises four areas: quality control, research, education, and promotion.
The third achievement of the Committee is an appropriation of $500,000 by the Federal government to enlarge the Fort Valley research on peach varieties
1 Senator J. W. Claxton, Chairman of the Committee, wrote a letter in sup port of the Proposal, directly to Mr. W. L. Batt, Administrator, Area Rede velopment Administration.
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into a comprehensive horticultural laboratory. This laboratory will investigate factors affecting longevity of peach trees, and will expand the work on plant breeding to find more suitable commercial varieties of peaches. It will also inves tigate problems involved in the processing of pecans and peanuts.
B. POLICE ACADEMY.
1. Nature of the Problem.
There are an estimated 10,000 police officers, drawing pay ranging generally from $250 to $350 per month. Many hold elective office or are sometimes appointed without any specific qualifications. Some don't even know the proper care and handling of firearms. Public relations is a very important qualification for police officers, yet this characteristic is generally lacking. The attitude of an arresting officer has a vital effect on the public impression of the police and certainly tourists could be offended to the damage of the public image by poor behavior on the part of officers of the law. With low pay and sometimes operating under an inferiority complex from lack of knowledge, receiving often the hostility of the public, the tendency is for low morale among police officers, accompanied by "lack of pride in the profession."
Many of these points are vividly illustrated by a letter to Lt. Governor Byrd from Mr. Salvant of the Atlanta Police Department. Extracts of this letter are given below:
It is the opinion of renowned police administrators across the country that the all-important first step in acquiring a good policeman is selection. We must have dedicated men whose background is extensively investigated. Men who can pass tough physical and mental tests, and who are com pletely honest and incorruptible. They must be level-headed and possess a large amount of good old common sense. (These attributes will help the officer who has about ten seconds to make an on-the-spot decision as to an arrest or how much force he may use, only to have the case appealed all the way to the Supreme Court where these learned gentlemen will take five days to arrive at a 5-4 decision on whether the poor jerk was right or wrong.)
Next is training. With this fine raw material, the experienced police instructor must, in a few short weeks, produce a man that John Q. Public will accept and welcome to the community. The fledgling policeman must learn laws and ordinances; when he is permitted to arrest, search or seize; what types of evidence are admissible in court; first aid to the injured; how to fire his weapon from the shoulder or the hip quickly and accurately, and with either hand; and a myriad of other subjects which he keeps neatly indexed in his notebook, ready for weekly inspection.
Next is supervision. This of course begins the day he is sworn in. It will continue throughout his career, but it is most pronounced during the probationary period, which may be from six months to a year. Several methods are used by different large departments, and each seems to have its merits and its drawbacks.
Last of the "Big four" is public relations. No matter how well a police department does its job, and regardless of a reduction in crime or traffic deaths, if the public does not like the methods employed by the police in achieving these ends, bad public relations will be the result.
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Last year I had to travel almost 500 miles to the University of Louis ville, Kentuncy, to attend the Southern Police Institute. I gained a great deal of knowledge while there, but I've often wondered why the metropoli tan Atlanta area couldn't have the same type of institution on one of its college campuses.
--Extracted from letter addressed to Lt. Governor Garland Byrd, by Mr. S. L. Salvant, Jr., Sgt., Training Division, Atlanta Police Department, Atlanta, Georgia.
Rapid population growth in Georgia, concentrated at a few points, has led to traffic congestion and rise in crime rates, leading to increased demand for police protection and law enforcement. These pressures will grow.
2. INVESTIGATIONS.
In preparation for legislation on the Police Academy, the Committee re lied primarily on Hearings. These were supplemented with information collected by a visit by one member of the Committee to the Police Academy of Lexington, Ky. Information on the operation of the Lexington, Ky., Police Academy was obtained through conferences with personnel in charge of the training. In ad dition, several important publications, cited at the end, were obtained on the Municipal Police Training Council Program for New York, and other data were obtained from Mr. Orrell York, Executive Director of the New York Police Academy. The most significant conclusions from Mr. York's letter to Legal Counsel Edwards are given below:
The concept of mandating a statewide police training program has been questioned in many other states where it is feared that opposition might result from the groups who hold that this is an invasion of home rule rights. However, we have found in our program, which retains the highest possible degree of local autonomy and a minimum of state au thority, that there has been practically no opposition to the provision in state law that police officers must satisfactorily complete a basic train ing course in order to retain their permanent status as police officers.
A very modest eighty-hour minimum course has been required of all newly-appointed officers. The mandated program, which went into opera tion on July 1, 1960, is now nearly one year old. We are pleased to report that as of this date, thirty-eight basic training schools have been com pleted or are in progress. Upon the completion of these schools, approxi mately nine hundred police officers will have received their basic training. This does not include the trainees from the New York City Police Depart ment or the New York State Police, both being exempted from our pro gram. Schools have been available to new officers in every area of the State, this being accomplished with a minimum of travel or absence from duty on the part of the trainees.
Our Council has not yet entered the field of in-service training for the reason that it is deemed advisable to gain sufficient experience with the basic program prior to any expansion. It is entirely possible that we may become involved in the in-service type of training in the future; patterned somewhat along the same lines as followed in our basic program.
Main reliance, however, was placed on expert opinion provided in three
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Hearings, dated June 2, June 23, and October 11, 1961. At the June 2, 1961, hearing, such experts appeared as Cols. Trotter and Conner of the State De partment of Safety, Mr. McCallum, President, Peace Officers' Association, and Mr. W. M. Hicks, Director, Vocational Training, Georgia Department of Edu cation. At the June 23, 1961 Hearing, in addition to Col. Trotter, there were also present, Mr. Elmer George, Executive Director, Georgia Municipal Association, and Mrs. Hill Healan, Executive Director, Association of County Commissioners. The legal council from the Georgia Muncipal Association presented the follow ing recommendations:
The Georgia Municipal Association has not adopted any specific policy in regard to a State Police Academy, and the remarks of our representa tive here today are based on our own experience in talking with members of the Association and in accord with general policy.
First, the importance of good law enforcement to the towns and cities of our State cannot be overstated.
The primary purposes of any municipality are the protection of life and property, and the promotion of the health and general welfare of its citizens. In order to fulfill these purposes, the elected officials must pass proper ordinances--unless these ordinances can be enforced fairly, firmly and impartially by a well-qualified police force, then these ordinances have little effect. The greatest effect of a well-trained professional law enforce ment officer is that he discourages those who would break the law by the very fact that he is qualified to uphold the law and the public knowing this, gives him their full respect.
We feel that the unqualified endorsement of a State Police Academy by the Georgia Municipal Association could be made only after some defi nite plans had been established; however, we can certainly say that the Association is in support of every effort to improve the professional ability of our police officers in order to gain for the Law Enforcement Profession the respect that it should have from the public, and that we are willing to work with this committee and all other appropriate groups to help ac complish this.
The following are some general ideas we feel should be considered in the establishment of a State Police Academy:
(1.) That the Academy should have the single objective of raising the professional and technical ability of the individual law enforcement officer of this state, and the administration and curriculum of the Academy should be so established as to remove it from the influence of politics.
(2.) That an investigation should be made as to the possibility of initially utilizing existing educational or other facilities to minimize the initial cost.
(3.) That the course of instruction not be made mandatory for local law enforcement officers initially.
(4.) That local elected officials be polled to get a consensus of ideas as to methods which might be feasible for financing the tuition and other expenses of students.
(5.) That studies of established Police Academies in other states be continued in order to gain as much benefit as possible from their ex perience.
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Mr. Elmer George also assisted in sending out a questionnaire to a sample of cities in Georgia to learn of the interests of city Police Departments in a Police Academy. The following is a summary of the results:
Number of cities responding to questionnaire ....__..._...__-.._. 49
Number of police officers represented _____.__,,____________.__._.._ 951
Number of officers city would send to Police Academy first year .._____.._.._____-__,,-_,,_____._--__....-.____ 192 to 258
Number of officers city would send to Academy in future years --.--_'__--_---___----..._--___ 191 to 278
Range in number of police .____-_.._____,,_.-_______..___.___.._____._ 1 to 258
Recommended share of cost to be borne by city--Number of cities Favorable to paying:
1. All costs . ....__.....___._......._____.......___..___ 18
2. 50 percent or more of costs ...__.____.___.__..._...._.__ 17
3. Varying percentage of costs ...__..._...__...____._.--._._-- 12
4. None of costs .__--_.__._--__...__._....___.____._._.._ 2
The data show that 49 cities responded, having an average police force of 19, ranging from 1 to 173 police. Such small cities as Attapulgus and Baxley and large cities, as Augusta and Savannah, are represented. It is noted that these 49 cities alone are interested in sending 200 or more police annually to the Academy, and 71 percent are willing to pay 50 percent or more of the costs.
Resolutions in support of establishing an Academy" were received from the Georgia Municipal Association and from the Peace Officers' Association.
3. RECOMMENDATIONS.
The Committee meeting of October 23, 1961, was for the purpose of sum marizing results, agreeing on recommendations, and drawing up a bill. The recommendations agreed to by the Committee are as follows:
1. The Committee's study has shown that there is a definite need for a Police Academy for Georgia. It should provide training for all persons entering the profession of police officers and also provide advanced training and refresher courses.
2. The Academy should serve police officers of all levels of government in the State and also those departments and branches of government that are engaged in law enforcement.
3. The Police Academy should be controlled by a Board of seven members composed of: 1.) Director, Department of Public Safety; 2.) President, Peace Officers' Association of Georgia; 3.) President, Georgia Municipal Association; 4.) President, County Commissioners Association; 5.) Director, Vocational Di vision, State Department of Education; 6.) A Peace Officer to be appointed by the Governor from a list of three names to be submitted by the Peace Officers' Association; 7.) A person to be appointed by the Governor.
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This Board should set the policy and establish programs for the Academy.
4. Policies and programs of the Board should be administered by the De partment of Public Safety which should have authority for the actual operation.
5. The location of the Academy should be determined only after an en actment of the Bill and a careful study of sites. As the Committee already has inspected several sites and is familiar with the requirements and needs, we request that the President of the Senate delegate to the Government Opera tions Committee the authority to continue a study of sites and to select one after the legislation has been enacted.
6. The Committee recommends that training at the Police Academy not be mandatory for any police officer; however, there is an urgent need for formal training of police officers, and we believe that eventually training can be made mandatory.
4. ACCOMPLISHMENTS.
A bill was introduced in the General Assembly during the 1962 Session, as drawn by Legal Counsel Mr. Frank Edwards. This was passed and with the Governor's signature, a Police Academy for Georgia became a reality in a matter of time.
Colonel Conner, State Department of Safety, estimates that the number of officers provided for in dormitories in the present plans will be 76 rooming police. The training cycle will vary but State troopers will attend for 14-16 weeks.
Col. Conner stated December 7 in an interview that the Police Academy for Georgia is a great step forward in law enforcement in the State. It has been needed for many years. He listed the following specific impacts:
1. Sharp up-grading of officers.
2. Greatly improved public relations.
3. More efficient investigations of accidents.
4. Improved criminal detection.
5. Greater sense of pride in being an officer of the law.
6. Will make police work a profession.
C. COUNTY REAPPORTIONMENT.
After the legislature was called into Extra Session in April 1962, in re sponse to a Court Decision, the House passed a resolution creating a Study Committee. The Senate did not concur, but the President of the Senate appointed the members of the Senate Government Operations Committee to work with the House Committee.
The Majority report from the Hearings provided for one representative from each '.county and 100 Senators apportioned according to population. How ever, a majority of the Senate Government Operations Committee joined in a
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minority report which recommended that the House be held at its existing strength and the Senate be limited to 54 members. It recommended that the Senate should be proportionate to population with counties being rearranged into groups of approximately 75,000 population. (The final bill passed by the State Legislature in its September 1962 Extra Session was substantially the same as the minority report, with some modifications of the Senatorial Districts.
IV. REPORTS, HEARINGS, AND OTHER MATERIALS
A. Peaches
1. Development of Peach Products by Dr. J. G. Woodroof, Experi ment, Georgia, 3 pages. Reviews research on new peach products at the Georgia Experiment Station.
2. Study of Problems of the Georgia Peach Industry, September 1961, 54 pages, Published by the Committee. Summary report and recommenda tions. Includes four appendices. This report Summarizes: (1.) Investiga tions of the California Peach Industry, including packing, canning, de hydrating, and marketing channels; (2.) Investigations of consumer type packaging at Hancock, Md.; (3.) Conference with Federal Research offi cials; and (4.) Special information on the Georgia Peach industry.
3. Letter from Senator J. W. Claxton, Chairman, To Mr. W. L. Batt, Administrator, Area Redevelopment Administration, in support of proposal for research funds to support larger research programs on peach pro ducts at Experiment, Georgia.
4. Report on Peach Research Conference at Athens, Georgia, No vember 20, 1961, published February 1962, 51 pages.
B. Police Academy
1. Letters to:
a. Lt. Governor Byrd, from Mr. Winfred L. Godwin, Director, Southern Regional Education Board, dated April 25, 1961.
b. Lt. Governor Byrd, from Mr. S. L. Salvant, Jr., Sgt., Train ing Division, Atlanta Police Department, dated April 26, 1961.
c. Mr. Frank H. Edwards, Legislative Counsel, State of Georgia, from Mr. Orrell York, Executive Director, Municipal Police Training Council Program for New York, dated May 29, 1961.
2. Committee Hearings and Deliberations
a. May 15, 1961, at 2:00 p.m.
This was an organizational meeting of Committee at which projects were specified. The Police Academy was discussed and Senator Jackson proposed four lines of investigation that were adopted. Senator Jones spoke on the poor status of the peach industry in Georgia and held up California as at the top in progress of all phases of peach production, processing, and marketing. Senator Gardner stated that he came to the Senate with the main objective of promoting industrial development
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in Georgia. He thought that the Committee should find out what other states are doing to promote industrial growth. Senator Jones advocated a stronger Department of Commerce, adequately financed with more highly qualified professional personnel.
b. June 2, 1961 at 11:00 a.m.
This was an open hearing on the Police Academy at which 13 State officials appeared and provided information and sug gestions. Among the officials were Colonel Trotter, Director, Department of Public Safety; Mr. L. B. McCallum, President, Peach Officers' Association; and Mr. W. M. Hicks, State De partment of Education. Representatives of the press, radio and television were present.
c. June 23, 1961, at 11:00 a.m.
This meeting was a continuation in part of the June 2 session with mostly new persons, except Col. Trotter, giving information. The following organizations were represented:
Mr. Elmer George, Executive Director Georgia Municipal Association Mr. Hill Healan, Executive Director Association of County Commissioners Several county commissioners were present also.
d. October 11, 1961.
Summary of hearings and recommendations for a bill were prepared. Five offers of sites for Police Academy were noted and recorded.
3. Resolutions.
a. Peace Officers' Association. This is undated. Proposed Police Academy is strongly endorsed, with recommendations made as to sponsorship and how the Academy should be operated.
b. October 25, 1961.
Board of Directors of the Georgia Municipal Association (in letter through Governor Vandiver's Office) endorses Police Academy, with recommendations and suggestions on its operation. The sugges tion was made that local officials have a direct voice in the matter.
4. Publications and Digests relative to other Police Academies.
a. The Municipal Police Training Council Act. The State of New York, Executive Department, Albany, N.Y., August 24, 1959, 24 pages.
b. Our First Six Months--A Progress Report by the Municipal Police Training Council 1959 (July 1 to December 31), Executive De partment, State of New York, 40 pages.
c. The Municipal Police Training Council Program for the Basic Training of Police Officers in New York State, as promulgated by Governor Nelson A. Rockfeller, February 4, 1960, 36 pages.
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d. Annual Report 1959-60: Office for Local Government, State of New York, Executive Department, February 15, 1961, 20 pages.
e. The Municipal Police Training Program for the Basic Train ing of Police Officers in New York State, Office for Local Govern ment, Municipal Police Training Council, 155 Washington Avenue, Albany 10, N.Y., July 15, 1960, 38 pages plus vi.
f. York, Orrell A., The Municipal Police Training Council Program, Observations and Comments. This report is undated but presumably carried date in summer of 1961. Mr. York is Executive Director of the Municipal Police Training Council. He reports on a mandated program in which 38 schools are completed or in process in which 900 officers will be trained the first year.
g. Training of Law Enforcement Officers in various states, Research Memorandum No. 1 on Proposal No. 9, Research Depart ment, Arkansas Legislative Council, May 22, 1956, Little Rock, Ark., 20 pages.
5. Senate Bills
a. Municipal Police Training Act, suggested State Legislative Program for 1961.
b. Police Training Academy, Senate Bill introduced by Com mittee in Georgia State Senate in 1962 and enacted.
C. Reapportionment of the State Legislature.
1. Report of the Reapportionment Study Committee (H.R. 44, April 1962, Extra Session). The Senate Government Operations Committee was designated by the President of the Senate to meet with the House Reapportionment Study Committee.
2. Minority Report. This report strongly ascribed to by a majority of the Senate Government Operations Committee, proposed that the House strength be maintained and that the Senate, limited to 54 members, be apportioned on the basis of about 75,000 population.
3. Separate Minority Report.
4. A Bill--to provide for method of electing Senators in 1962 Gen eral Election.
5. A Resolution proposing a Constitutional Amendment to provide for the number and terms of members of the General Assembly.
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REPORT OF HOUSE GALLERY AND NEWS MEDIA STUDY COMMITTEE
Pursuant to H. R. 599 creating a committee to investigate the possibility of establishing a section in the House gallery to be used exclusively by the various news media and for the purpose of having a more orderly House of Representatives, your committee makes the following findings and recommenda tions.
The Committee has held public hearings and has heard from representa tives from all branches of the news media, including radio, newspapers, tele vision and the wire services. The Committee has made other investigations, in cluding reports from the legislatures of other states in the nation.
The Honorable Ben W. Fortson, Secretary of State, an ex offieio member of this Committee has been of tremendous help to the Committee in obtaining information, documents and other materials from sources outside of the State of Georgia on behalf of this Committee.
We find that there is a great deal of disturbance on the floor of the House, which is created in part by news media personnel and by recording devices, telephones located behind the Speaker's rostrum and newsreel cameras. We rec ognize that all the disturbance does not result from these sources but that in the interest of a more orderly House that the above stated problem is contributed to by news media personnel and equipment.
RECOMMENDATIONS
The Committee respectfully recommends to the House as follows:
1. We recommend that the lobbies adjacent to the House Chamber be re served for the use of the Representatives of the House, their families and constitutents, and representatives of the news media. We also recommend that the Speaker provide necessary door keepers on the doors leading into these lobbies to insur proper use of the same.
2. We further recommend that all news reporters refrain from interview ing House members on the floor of the House while the House is in session. It is further recommended that if such interviews or recordings should be nec essary that the interview be conducted in the lobbies adjacent to the House Chamber and no such interviews or recordings be permitted on the House floor while the House is in session.
3. We strongly recommend that the telephones installed in the House Chamber, not necessary for the transaction of business between the House and Senate and other offices, be removed to others localities outside of the House Chamber.
4. We also recommend that the television operators and cameramen give their full cooperation to the Speaker and members of the House in eliminating as much confusion as possible when they are on the floor of the House, par ticularly the television lights which are used around the rostrum, which light
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interferes with the Speaker to the extent that he cannot see members who are seeking recognition.
5. We recommend that the Speaker of the House be given the discretion to limit and control the number of news media personnel admitted to the floor of the House. We urge the Speaker to issue only such number of passes as his judgment may indicate in keeping with the intentions of the resolution and the responsibility of the press to the public.
6. We recognize that this problem cannot be solved within the ten days provided for in the resolution for this Committee to study this problem and we recommend that this Committee be continued for the purpose of further investi gation and plans towards the fulfillment of the purposes set forth in the reso lution. We further recommend that the news media be represented on this Com mittee.
COMMENTS
It is the function of the Legislature to deal with the life, liberty and happi ness of every Georgian. The Legislature is a sacred hall which should and must be conducted in a manner and decorum in keeping with the functions of said sovereign body.
It is not the intention or purpose of this Committee to suppress the right of freedom of press or speech, nor to restrict the obligation and responsibility which the news media owes to the public.
The privilege to the floor of the House by persons other than the duly elected representatives is only a privilege and not a right, and if said privilege were denied to the news media it would be no infringement on freedom of the press or speech, as said privileges are not granted to the news media by the United States Congress nor many other legislatures of the various states. The privilege of reporters of the press, radio and television to the floor of the House is subordinate to the proper function of the Legislature.
The Committee offers its full cooperation to the news media in discharging their responsibility to the public and at the same time we seek and ask the co operation of the news media in discharging our responsibility towards attaining a more orderly House of Representatives in which to conduct the State's busi ness.
Respectfully submitted,
P. T. McCutchen, Chairman Representative, Gilmer County James W. Paris, Vice-chairman Representative, Barrow County Billy Shaw Abney, Secretary Representative, Walker County Leonard N. Lokey Representative, McDuffie County Harold A. Boggs Representative, Madison, County
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THE GENERAL ASSEMBLY STATE CAPITOL ATLANTA
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ALL MEMBERS OF THE GEORGIA GENERAL ASSEMBLY.
REPORT OF THE GEORGIA HOUSING ADMINISTRATION STUDY COMMITTEE
(Senate Resolution 102)
THE COMMITTEE
Honorable Philip M. Chandler Representative, Baldwin County Chairman
Honorable E. R. Lambert Senator, 28th District Secretary
Honorable William L. Goodloe Valdosta, Georgia
Honorable Eugene Kelly Senator, 25th District
Honorable Quimby Melton Jr. Representative, Spalding County
Honorable James M. Paulk Adel, Georgia
Honorable W. Jones Lane Representative, Bulloch County Vice-Chairman
Honorable William A. Fickling, Sr. Macon, Georgia
Honorable Jerry Ingle Columbus, Georgia
Honorable R. C. Massee Representative, Pulaski County
Honorable Jack W. Shuman Representative, Bryan County
Honorable E. Mullins Whisnant Senator, 25th District
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ALL MEMBERS OF THE GEORGIA GENERAL ASSEMBLY.
REPORT OF THE GEORGIA HOUSING ADMINISTRATION STUDY COMMITTEE
(Senate Resolution 102)
Introduction
In an effort to obtain relief from some of the many complex problems facing the home building industry, Georgia home builders turned to the Georgia Gen eral Assembly for assistance. Realizing that the home building industry makes a vital contribution to the overall economic welfare of our State, the Georgia General Assembly at the 1962 Session passed Senate Resolution 102 creating the Georgia Housing Administration Study Committee.
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The Committee is composed of twelve (12) members as follows:
Honorable E. Mullins Whisnant Senator, 25th District Honorable E. R. Lambert Senator, 28th District Honorable Eugene Kelly Senator, 25th District Honorable Philip M. Chandler Representative, Baldwin County Honorable W. Jones Lane Representative, Bulloch County Honorable Jack W. Shuman Representative, Bryan County Honorable R. C. Massee Representative, Pulaski County Honorable Quimby Melton, Jr. Representative, Spalding County Honorable Jerry Ingle Columbus, Georgia Honorable James M. Paulk Adel, Georgia Honorable William A. Fickling, Sr. Macon, Georgia Honorable William L. Goodloe Valdosta, Georgia
At its organizational meeting Representative Philip M. Chandler was elected Chairman.
Representative Jones Lane was elected Vice-Chairman and Senator Roy Lambert was elected Secretary.
The Committee immdiately started its investigation and study with reference to the feasibility of creating an insuring and regulatory agency under State sponsorship and control for the purpose of expediting house construction and financing in the State of Georgia.
During the course of this study, intense effort was made by the Com mittee to examine all phases of the home building and financing field. The Com mittee received many helpful suggestions and expert counsel from representa tives of home builders, home manufacturers, insurance companies, mortgage bankers, savings and loan associations, State retirement funds, commercial banks and stock and bond brokers. The Committee also heard from the Treasurer Emeritus of Georgia, the Director of the State Banking Department, the State Budget Officer and other interested parties.
Findings and Recommendations
1. The Committee has found that since the creation of Federal aid agencies connected with housing, the original intents and purposes of these agencies have been expanded into many other related fields of Federal government en deavor. This expansion has created an excessive work load for the personnel of the agencies and as a result, they have been unable to keep pace with current
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and changing building trends of the home building industry, the purpose for which the agencies were created. Oftentimes, these agencies find themselves with a backlog of pending and proposed cases which they are unable to process in a reasonable length of time due to insufficient personnel and insufficient funds.
2. The Committee finds that there is a desperate need for housing for our citizens in the low income bracket. This need is not being met by the FHA because property standards require improvements which make the overall cost excessive and beyond the means of these citizens. This Committee feels that a number of these required improvement should be eliminated in order that these citizens can become home owners and thus open a new market for the building industry and provide some housing opportunities for a large segment of the population of this State. At the present time, this very large group of citizens is being forced to occupy multi-family housing developments and public housing units; whereas, they could own their homes if the requirements referred to in the foregoing could be eliminated.
3. The recent Presidential directive banning alleged discrimination of housing has added additional problems to the home building industry. We find that the economic impact of this directive affects every State. This directive will complicate, instead of solving the many problems of the home building in dustry. It is predicted that in some areas the housing industry will be curtailed by fifty (50%) percent. Our first impression was that the curtailment would be immediate; however, the Committee agrees that the curtailment will be a slow process which will cause economic problems in the future. Many states throughout the country have set up committees to study the problems that the Presidential directive has created.
4. It is not the purpose of this Committee to indict any individuals em ployed by these Federal agencies, and in particular the personnel of the Atlanta officers of the FHA or Veterans Administration. The Committee feels that the ills and problems enumerated above accumulated due to the fact that the Federal agencies have departed from the purpose for which they were originally created.
5. The housing industry is the largest employer of labor--bigger than the steel industry, the automotive industry, the oil industry, the railroads and bigger than all our export trade. We can ill afford to let things go wrong with housing for the building industry still accounts for ten and three-tenths (10.3%) percent of all the long term employment.
The need of better housing is still enormous--so enormous that, rightly guided, the housing industry can still play an enormous part in restoring and sustaining prosperity. The housing needs of an affluent society are far greater than the housing needs of a poor economy. In our prosperous America, where so few are still ill-fed and so few are still ill-clad, why must nearly five (5) million families still be crowded into shacks and tenements hardly fit for human habitation? And why should the other fifty (50) million families still live in housing that averages forty-two (42%) percent cheaper and poorer than they can now afford by FHA income standards?
6. The Committee also finds that the housing industry represents a great part of the long term capital investments of the Nation.
7. The Committee urges the FHA to keep the Certified Agency Program, expand it, and make it work. This is the only practical scheme anyone has been able to suggest by which FHA could help channel city money into small towns
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V
and rural areas. Private industry has proved that mortgage loans and house construction can be handled with dispatch, and the Committee feels that by use of the Certified Agency Program, these Federal agencies could expedite housing tremendously in the entire State.
The Committee recommends that the FHA lower its insurance rate to onefourth (% % ) percent since statistics indicate it has made a profit of nine hundred million ($900,000,000) dollars since its creation.
8. The Committee found that the retirement systems of this State have taken little or no active interest in investing in home mortgages in Georgia. In stead, these retirement funds are being invested in various stocks and bonds of corporations and municipalities throughout the continental United States. With the exception of the State Employees Retirement Fund, no residential mortgages are included in their portfolios. The total amount of money in all the pension funds amounts to approximately three hundred million ($300,000,000) dollars. This money was paid into the funds by Georgians, and the Committee feels that it is an injustice to the people of Georgia for this money not to be used to finance homes for Georgians. The lending of these funds on homes could be accomplished with little or no additional paperwork by dealing through reputable mortgage bankers within the State.
9. The Committee explored the possibility of creating a Georgia Housing Authority and in this investigation talked to many insurance companies and mortgage brokers and found that the majority would be reluctant to lend money insured by the Georgia Housing Authority unless it was an obligation guaran teed by the State. We discussed the possibility of the State guaranteeing obli gations under the Georgia Housing Authority with the Honorable Frank H. Edwards, Legislative Counsel, and he advised that under the Constitution of Georgia it would be impossible for the State to organize an agency to supple ment in the insuring and financing field of the home building industry.
The Committee recommends the following:
A. That a resolution be passed by the General Assembly encouraging the home building industry to organize and create its own insuring and regulatory agencies and pledging our good will to this association in this undertaking.
B. That a resolution be passed by the Senate and House of Representa tives calling upon all the State pension funds to take a more active interest in the home mortgage field within the State.
C. That a resolution be passed and forwarded to Senators Herman Talmadge and Richard B. Russell and the Congressmen G. Elliott Hagan, J. L. Pilcher, E. L. Forrester, John J. Flynt, Jr., Charles L. Weltner, Carl Vinson, John W. Davis, J. Russell Tuten, Phil M. Landrum, Robert G. Stephens, Jr., and to Representative Albert Rains from Alabama and Senator John J. Sparkman from Alabama, urging that they take a personal interest to see that Federal aid agencies are made conscious of the problems and that some remedial action be taken in the low cost home ownership area.
D. The Committee recommends that the formation of state chartered sav ings and loan associations be encouraged through the enactment of comprehen sive legislation authorizing and regulating such associations and that, due to
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the superior growth records of stock savings and loan associations in other parts of the country, such legislation authorizes the formation of stock associ ations as well as purely mutual ones. The Committee further recommends the establishment of an agency of the State of Georgia authorized to insure deposits in state chartered associations, such agency to be patterned after the Federal Savings and Loan Insurance Corporation.
E. The Committee wishes to point out that the tremendous problem which has been posed in this field of study has not been justly dealt with due to the lack of time. The Committee suggests that because of the tremendous economic importance of the home building industry to the State of Georgia particularly now when the financial requirements of this State are at a maximum and the income of the State cannot afford to suffer any great losses from this industry or any segment of its income, that further interest and study be directed to this problem with the ultimate aim of finding solutions.
The Committee wishes to express their appreciation to all who gave their assistance and counsel in gathering the information and rendering assistance in making this report available. The Committee also wishes to express their sincere gratitude for the assistance rendered by the Office of Legislative Counsel.
Respectfully submitted,
Georgia Housing Authority Study Committee Philip M. Chandler, Chairman Representative, Baldwin County
REPORT ON HYGIENE AND SANITATION NO. 2
INTRODUCTION
This Committee was created pursuant to House Resolution 433-912 (AM) of the 1962 Session 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. The Committee was composed of William M. Fleming, Jr., Richmond County; James M. Hull, Jr., Richmond County; George P. Langford, Jr., War ren County; Ernest W. Strickland, Evans County; Alien P. Roper, Greene County; Ben B. Ross, Lincoln County; Hines L. Brantley, Candler County; Carl T. Barrett, Cherokee County; Bailey Woodward, Butts County; Mackie Simpson, Wheeler County; E. Brooks Lewis, Wilkinson County; and Richard Russell Smith, Habersham County. At its initial meeting the Committee elected Carl T. Barrett, Chairman, Ben B. Ross, Vice-Chairman and George P. Lang ford, Jr., Secretary.
FINDINGS
This Committee visited the Medical College of Georgia in Augusta, Rich mond County, Georgia, on October 30, 1962 and examined the facilities of the medical college and the adjoining medical center. The Committee finds that the present facilities of the medical college are being utilized to an excellent ad vantage.
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The Committee further determined from observation and expert testimony that it is both desirable and feasible for the State of Georgia to create a College of Dentistry to be operated in conjunction with the Medical College of Georgia at Augusta.
Subsequent study of facts prepared for the Committee by the State Dental Association and the Medical College of Georgia indicates that Georgia must provide more qualified dental practitioners than existing facilities can supply in order to maintain the minimum standards of dental health for Georgia's ex panding population.
Our study indicates that private institutions do not have the funds neces sary to provide these additional qualified practitioners and dental hygiene per sonnel to maintain those desirable standards of dental care.
The decision of this Committee is based on the fact that with certain ex pansions the basic science departments of the Medical College of Georgia can be extended to accommodate dental college students. Existing administrative and operative personnel can be utilized to afford a considerable savings of over head expenses. Also, a number of buildings situated at the medical college can be economically redesigned to accommodate additional students occasioned by the dental college.
We respectfully refer attention to a Brochure entitled "Dental Education in Georgia" prepared by this Committee and made an addendum to this report.
CONCLUSION
Therefore, this Committee sincerely urges the General Assembly of Georgia to give unanimous approval to a resolution requesting the Appropriations Com mittee to make available to the Board of Regents the funds necessary to create a Dental College of Georgia to be operated in conjunction with the Medical Col lege of Georgia.
Respectfully submitted,
Carl T. Barrett, Chairman Ben B. Ross, Vice-Chairman George P. Langford, Jr., Secretary William M. Fleming, Jr. James M. Hull, Jr. Ernest W. Strickland Alien P. Roper Hines L. Brantley Mackie Simpson E. Brooks Lewis Bailey Woodward Richard Russell Smith
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EEPORT ON HYGIENE AND SANITATION NO. 2
INTRODUCTION
This Committee was created pursuant to House Resolution 433-912 (AM) of the 1962 Session 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. The Committee was composed of William M. Fleming, Jr., Richmond County; James M. Hull, Jr., Richmond County; George P. Langford, Jr., War ren County; Ernest W. Strickland, Evans County; Alien P. Roper, Greene County; Ben B. Ross, Lincoln County; Hines L. Brantley, Candler County; Carl T. Barrett, Cherokee County; Bailey Woodward, Butts County; Maokie Simpson, Wheeler County; E. Brooks Lewis, Wilkinson County; and Richard Russell Smith, Habersham County. At its initial meeting the Committee elected Carl T. Barrett, Chairman, Ben B. Ross, Vice-Chairman and George P. Lang ford, Jr., Secretary.
FINDINGS
This Committee regrets to report that due to the dual responsibility of in vestigating a dental college and nursing homes, that insufficient time was left after studying the dental college situation to intelligently survey the nursing homes problem.
We respectfully request that this Committee and study on nursing homes be continued as there appears to be urgent need for action in this field.
Respectfully submitted,
Carl T. Barrett, Chairman Ben B. Ross, Vice-Chairman George P. Langford, Jr., Secretary William M. Fleming, Jr. James M. Hull, Jr. Ernest W. Strickland Alien P. Roper Hines L. Brantley Mackie Simpson E. Brooks Lewis Bailey Woodward Richard Russell Smith
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REPORT AND RECOMMENDATIONS OF THE INTERIM COMMITTEE FOR INDUSTRY AND LABOR
SENATE OF GEORGIA
1961 - 1962
Senator Harry C. Jackson, Chairman 24th District, Columbus, Georgia
Senator Elden W. Mathews, 48th District, Cordele, Georgia
Senator Gaston V. Green, 44th District, Rising Fawn, Georgia
Senator Floyd J. Harrington,
Senator John T. McKenzie,
20th District, Milledgeville, Ga.
13th District, Montezuma, Georgia
THE INTERIM COMMITTEE AND ITS ORGANIZATION AND AUTHORIZATION
The Interim Committee for Industry and Labor was authorized by Senate Resolution No. 46 and 92, for the purpose of making a study of the industrial potential of the State of Georgia and to make a comparative analysis of legisla tion effecting industry in various southeastern states. The Committee was com posed of the following members of the Senate:
Senator Harry C. Jackson, 24th District, Columbus, Georgia Senator Elden W. Mathews, 48th District, Cordele, Georgia Senator Floyd J. Harrington, 20th District, Milledgeville, Georgia Senator Gaston V. Green, 44th District, Rising Fawn, Georgia Senator John T. McKenzie, 13th District, Montezuma, Georgia
The Committee was duly organized with Senator Harry C. Jackson as Chairman, Senator John T. McKenzie as Vice Chairman, and Senator Elden W. Mathews as Secretary.
For many years there has been a need for establishing a balance between the economic opportunities offered the people of Georgia in Agriculture Industry and the Manufacturing Industry. We are of the opinion that too often the young people of Georgia were forced to leave their native State to find suitable em ployment in the field of knowledge that they had excelled in through the State sponsored education. This Committee's first concern addressed itself toward examining the State Agencies in the Southeast that had an assigned mission of developing existing manufacturing industries or attracting new industries to establish their expanded plants within their State borders. The State Agency responsible for this in the State of Georgia was at the beginning of our Com mittee's work known as the State Department of Commerce.
Fiscal responsibility should be paramount in efficient government opera tion and, therefore, the Committee's first assignment was to examine the budgets of the Departments in the Southeastern States that were assigned duties similar to the Georgia Department of Commerce. Many individual members of State
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Government and Lay organizations made statements that in order for Georgia to obtain adequate service from the Department of Commerce, it would first be necessary to have the General Assembly appropriate a greatly increased fund for the operations budget of the Dept. of Commerce. Estimates were given without substantiation ranging from a minimum of one million dollars to five million. The Committee decided to check these suggestions with other States.
The Committee visited North Carolina, South Carolina, Florida, Alabama, Mississippi, Louisiana and Tennessee in 1961.
In addition, the Committee members consulted with leading industrial experts of Georgia banks, Georgia Power Company, and the Georgia State Chamber of Commerce regarding the operations of our own Georgia Department of Commerce.
The Committee has conferred with the director and the assistant director of the Georgia Department of Commerce, and our records show that they indicate a budget of one million dollars is needed for the coming year and one million, six hundred thousand dollars throughout the following year. They advise us that a great part of this must be spent in advertising and that a New York office of the Georgia Department of Commerce should be a part of the operation.
In accordance with the information submitted to the Committee, we are listing the budgets of the various states we have visited, as well as Georgia. These budgets include advertising:
Iowa ________________________________-____-__ $ 262,000.00 Nebraska __-_-_._.___--__.._--_._____________ 234,357.00 Arizona __._..__.....____._____________._______ 300,000.00 North Carolina ,,_____.______________...__... 925,970.00 South Carolina _________..._________________._____ 600,000.00 Florida -__________.._._.___.._______________. 1,599,000.00 Mississippi ____________........_..._...._________ 650,000.00 Louisiana _______________.___.__...____... 734,000.00 Alabama ____________________________________. 400,000.00 Tennessee .___.__.__..______.._____________..._____--___- 671,700.00 GEORGIA ________________________________..________ 650,000.00
Further breakdown of the budgets as given us by the heads of the various departments show the following budget for advertising:
State
Iowa North Carolina Nebraska South Carolina Arizona Florida Mississippi Louisiana Alabama Tennessee GEORGIA
Tourist
Industry
$ 15,000.00
$ 15,000.00
$252,000.00
$160,000.00
Paid for by Citizens Group
$250,000.00 (Includes industry and tourist)
$ 15,000.00
$ 15,000.00
$720,000.00
$284,000.00
$350,000.00 (Includes industry and tourist)
$250,000.00
$100,000.00
$125,000.00 (Includes industry and tourist)
(No tourist budget given) $112,000.00
$250,000.00 (Includes industry and tourist)
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It was the policy of Georgia for the Governor to decide who is to have the advertising contract for the Department of Commerce. It was not the custom for the presentations to be made by other advertising agencies. In most of the States visited by the Committee, we were advised that presentations were made by various agencies in accordance with the advertising budget. The agency sub mitting the best program for the state was selected by a committee free of political influence.
After careful consideration the committee is of the opinion that an addi tional $250,000.00 for advertising placed on a competitive basis should be a great help in the program for attracting new industry. To Georgia--the budget of Georgia Department of Commerce needs expanding but not in the manner of one to five million dollars, is the conclusion of the Committee after a twoyear study of the budgets of sister States.
RESUME OF STATES VISITED
The actual operation of the Departments of Commerce in the Southeastern States invited the Committee's attention.
The Committee lists below a brief resume of the operations of the various states visited.
North Carolina--The entire department including the director are trained men, who are not affected by political changes in the governor's office. The director received a salary of $15,000 annually and was trained in industrial de velopment before being hired.
All contact men who seek industry and who endeavor to place industry in North Carolina have degrees in either business administration or engineering. They have also had several years experience as employees in industry. These men are paid from $7,900 to $12,800 annually.
Working hours range from 40 to 60 hours per week, and they are on call to go see industry on holidays, or any day of the week.
An example of how little poltics affect some state agencies is born out by the fact that South Carolina hired the former director of the North Carolina Department at a considerable higher salary, and the state also lost their research director to West Virginia.
There are 30 employees in the North Carolina department, and the budget is as follows:
Literature and travel ___,,__....__..._--___--___.___.____.._--_.____$152,570.00 Salaries, administration and all others __----_.,,--- 361,000.00
TOTAL .......__._....____........_......_....._-___-......___-....__-.$513,970.00
South Carolina--This state operates on a non-political basis, and the di rector was hired away from North Carolina. The director states the department in this state was being set up along the lines of the North Carolina department.
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The department has a staff of 15, and its advertising is being handled by an Atlanta agency.
Budget of the department exclusive of advertising is as follows: Salaries, administration, literature, etc. --.--._--_....--$350,000.00
Mississippi--The director of this department is a political appointee, but the assistant director and field men are all non-political and do not change with administrations.
The field men which include three external industrial development men, one internal development man, an agricultural man, one port (river and ocean) man, and a tourist man, are all men with degrees in basic sciences which fit them for their positions, and they are men who had previous training before joining the department.
The budget exclusive of advertising for a year is as follows: Salaries, expenses and administration __,,_.____,,--.________,, _$300,000.00
Florida--This department has a tremendous advertising budget for tourists, the budget being set at $1,200,000; but due to financial conditions of the state, it has been cut back to $720,000.
The men employed as industry seekers all come under the merit system of the state, and more time is spent on developing new industries with Florida capital than is spent on securing outside industry.
The director stated that no funds were spent by his department for enter tainment or travel expenses of outside industrial prospects.
Salary of the chairman of the department is $13,000. The director of the industrial department received $16,000 and the director of the tourist department receives $12,000 annually.
The department has a large budget but seemingly is not as well operated as most of the states we visited.
Louisiana--This state has an active department, and the director is a political apointee. The assistant director has been with the department for a number of years and is a well qualified individual.
Men who are used as contact men are all young men with college degrees, picked from nearby universities. There are five men in the class of field men, and salaries range from $440 to $460 per month. These men also receive $11 a day expense allowance, and when on industrial trips, extra expenses are allowed upon sanction of the director.
The budget of the department exclusive of advertising is as follows: Salaries, administration and all other expenses -_______-$384,000.00
Alabama--This state has a political appointee as director of the department and all employees come under a merit system.
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This department has a limited advertising budget. In 1960 it was $125,000 for both tourist and industry, and in 1961 it is even less according to the director. Most of the money is spent on tourist advertising.
The department has an aeronautical board, and it is their hope to have an airport in every community through Federal Aid. Twenty new airports were dedicated during 1961.
The department has the state divided into four sections with an external man working with the local communities for the setting up of industrial tracts, city planning and other things which will make the community attractive to industry.
Salaries of the field men range from $4,000 to $7,500 per year with an expense allowance of $9 per day. The state furnishes each man with a car.
Out-of-state contacts with industrial plants are handled almost exclusively with trained men from Alabama Power Company.
Budget for the department as follows:
Advertising ____________________ ________._._.___.._______.____________$125,000.00 Salaries and other department expenses ________ 200,000.00 Federal aid __________________._,,_______,,_________,,____._____,,_____ 75,000.00
TOTAL BUDGET
$400,000.00
Tennessee--This state has a political appointee as its director, but the assistant director and other personnel carry over from one administration to the next.
The Tennessee Department of Conservation and Industry has two trained men with degrees who contact industrial prospects.
The state is divided into three divisions; Western, Middle and Eastern. There is a director in charge of each division, and he handles industrial prospects who are interested in his part of the state.
Contact men average $7,500 yearly with actual expense allowances.
The department has a tourist division and an industrial division, as well as: 1. Building and finance committee 2. Industrial promotion 3. Industrial research 4. Industrial development 5. Nuclear energy development
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The budget of the commerce and industry and tourist divisions as follows:
Industry advertising ._._._-_..._..__-.____,,___$ 112,000.00 Industrial Dept., salaries etc. _,,_,,_____-______-____ 273,000.00 Tourist division including advertising ..._..,,___ 286,700.00
TOTAL BUDGET
$671,700.00
Advertising is let on a presentation basis.
Georgia--This department had a total budget of $650,000, of which $250,000 is spent for advertising. There are three men contacting industry in the depart ment.
This department should not be under political influence, and trained men who can make a career working for the state should be employed at suitable salaries.
The committee is of the opinion that a large budget is not necessarily the answer to a successful Department of Commerce. We find that a large budget merely covers up some of the weaknesses of a department.
A budget of $800,000, properly administered with proper advertising, qualified employees to contact industry and well organized departments, is sufficient to do a good job.
The Committee at the end of the first years' investigation, became convinced that the tax structure of the State of Georgia was one of the important factors that was criticized by new industrial prospects. The committee came to this conclusion after checking on the tax program of the other states we visited in the southeast. For the record we again publish here our findings.
North Carolina--According to the director of the North Carolina Depart ment of Commerce and Industry, there is no state operated financing set-up. HOY/EVER, there is a State Development Authority financed by leading busi nessmen, banks, etc., for the financing of industrial plants.
North Carolina Taxes--According to the director there is a one percent tax (sales) on the first thousand dollars of the purchase price of new machinery. There is an ad valorem tax on industry.
South Carolina--According to the Director of the Development Board of South Carolina, local development corporations build industrial plants.
South Carolina Taxes--South Carolina does not charge sales tax on new machinery.
There are NO ad valorem taxes on goods in process or manufactured. Taxes on plants and equipment are set through valuations made by the State Tax Commission. After they have made a 100 per cent valuation, the local tax boards
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are permitted to charge taxes on 16.8 per cent of the total valuation. Facilities for the benefit and convenience of employees are exempt from taxation.
Florida--There is a three percent tax (sales) on the first $1,000 of the cost of new machinery. If the machinery is over one year old, there is no sales tax.
All counties have an inventory tax, but there is NO corporation income tax, NO individual income tax, and NO state ad valorem tax.
Mississippi--This state has a bonding set-up whereby a city or a county may bond itself for a new industrial plant providing the company which wishes to locate has worth of one and a half times the amount of the bonds to be issued.
Taxes--This state has a three per cent sales tax, but there is no sales tax on machinery brought into the State by industry.
There is an ad valorem tax, but counties or cities may waive the tax on new or existing industry for five or ten years by vote of the people. However, taxes on the value of the land must be paid.
Inventory taxes--An industry may be exempted from paying an ad valorem tax on inventories, providing the city or county places the same on its minutes, to exempt this tax.
Bonded Warehouses--are exempt from ad valorem tax.
Alabama--This state has an industrial development set-up similar to Miss issippi. A county or a community can bond itself or issue revenue certificates for the building of an industrial plant and can even install the machinery and other equipment. It is then leased on a 30-year basis after which a 99-year lease is given for $1 per year.
Taxes--When a plant is built by a county or community, there is no sales tax on either materials or equipment.
The state has a three per cent sales tax, but only 1% per cent is charged on machinery.
Alabama grants a ten-year exemption on ad valorem taxes for new industry on everything except for school and hospital taxes. Value of the land is also taxed.
Louisiana--Financing for industrial plants is financed by state and mu nicipal bond issues similar to the plan used by Mississippi.
Taxes--The state sales tax is two per cent and cities may add one per cent for their use. No use tax is charged if tax has been paid in other states.
Raw materials are exempt from tax and inventory tax is based on 75 per cent of the total value. There is no exemption for machinery in new industry,
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but the tax is negotiated by attorneys and tax men of the state revenue depart ment.
Tennessee--This state has two methods of financing industry:
1. 1951 Act which allows cities and communities to sell revenue bonds, which do not make the taxpayer liable.
2. 1955 General Obligation Act which permits cities and counties to bond themselves up to ten per cent of their total tax valuation. This 1955 Act is backed by the city or county. Before voting on such an issue, it must be approved by the Department's Finance Committee.
Taxes--This state has a three per cent sales tax, but new machinery for a new industry is taxed at a one per cent rate.
Existing industry pays one per cent on new machinery when it can be shown it will employ more people.
Building materials carry a three per cent sales tax.
Power--T.V.A. power is only a factor with five out of every 100 new in dustries secured. Only large users, such as aluminum companies, etc., are interested in the T.V.A. power rates.
The Committee published the first half of this report to the 1962 General Assembly and presented legislation to help correct what we thought was wrong with the sales and use tax as related to industry prior to the 1962 session of the General Assembly. The Vandiver Administration was not in accord with the
legislation submitted by the Committe and used its influence to defeat the act that would have made Georgia competitive with sister States. A weak and make shift compromise bill was finally passed that gave little or no immediate relief to an industry that wanted to expand or grow in Georgia, or to make Georgia as its new home. We believe that the committee's bill would have best served Georgia and we hope that consideration will be given to this bill in the future.
In the Committee's work during 1962, special attention has been given to the important facet of industrial expansion related to the methods of financing. The committee made on-hand reports and visitations to see what methods of financing would and could best serve the industrial expansion in the State of Georgia.
Our investigations disclosed that many industrialists were concerned with the fact that Georgia had no concrete and state-wide uniform plan for financing new or expanding plants in the State of Georgia as compared to many of the States that we visited. The Committee is of the opinion that a state-sponsored plan for assisting areas or communities with financial assistance and other technical help should be uniformly set-up in the State of Georgia. An example is noted in Pennsylvania where 100% financing is available for industrial plants. In Pennsylvania, this 100% financing is arranged through the following method --fifty percent of the funds are secured by a first mortgage through a private investment corporation, twenty percent of the funds are secured through a local development company which takes a second mortgage and thirty per cent or the balance is advanced by the state with a third mortgage as security.
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In Alabama, Tennessee, Nebraska, Mississippi and other states which we have visited, county and city revenue bond financing has been the method used to secure plants for new industry.
The Industrial Development Division of Georgia Tech has this to say about financing of industry in Georgia as follows:
"Efforts to solve the problem of local financing of new plant construction are, from a statewide point of view, approaching the ridiculous. With the ratifi cation last month of a host of local amendments to the State Constitution, some 58 new revenue bond financing authorities, either county or city or both, have been authorized. With the 27 previously authorized, these new agencies constitute a veritable hodgepodge of autonomous bodies, some with the power to levy taxes. This is a situation that confuses even those reasonably well-informed persons who understand what is involved.
"The mere fact that the number of revenue bond financing authorities was more than doubled is adequate proof of the interest and approval by the citizenery of public financing of industrial facilities as a tool in attracting industry. These actions have not, however, solved other equally pressing aspects of the problem-- how to gauge the ability of a prospective industry to liquidate the obligation, to name but one.
"Competitively, some localities now are going to be at a genuine disad vantage when contending with one of the 83 city/county groups which has a revenue bond financing authority. Some of these probably will resort to the little known 1957 legislation which, by amending the Revenue Certificate Law of 1937 (now known as the Revenue Bond Act), permits either municipal or county governments by a simple majority vote of the governing body to issue such bonds for the construction and lease of industrial facilities.
"Ordinarily, we do not believe that the new legislation is the panacea for the problems in industrial development, but in this case, there is a clear need for state-wide enabling legislation that can bring some order out of this con fusion. By constitutional authorization, revenue bond financing should be made available to any local governing body through voter approval. Equally important would be the establishment, at the State level, of some type of "screening board" to review the proposed issues, the tenants, and the lease terms to insure that both the community and the company are getting a fair deal.
"This will help to eliminate the deplorable practice by certain industries that use one community's proposals as a lever for obtaining excessive advantages at some other location. The Georgia General Assembly ought to examine this situation and formulate a satisfactory solution."
We found that Industrial prospects often expressed concern in the following tax situations relating to:
1. Industry Inventory Tax 2. State wide equalization of taxes 3. Valuation of industrial property
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4. Millage assessment in various counties
OPINION OF COMMITTEE
The committee is of the opinion that the four situations stated above should be further investigated and corrections made to cause Georgia's uniform tax structure to be competitive with other states seeking industry.
After the 1961 Labor and Industry Report, the committee is pleased to advise the 1963 General Assembly that action has been taken to improve the general image of the agency responsible for industrial development in Georgia. The Labor and Industry Committee sponsored a constitutional admendment that reorganized the Department of Commerce. The purpose of this action was to remove the Department of Commerce from politics and change its name to "The Department of Industry and Trade".
The Committee has always attempted to look at its assigned mission ob jectively. Our mission has been interpreted as that of finding ways and means to project the image of the State Government of Georgia and our people as being friendly and sincerely desiring healthy and fruitful expansion of indus trial manufacturing. We believe that the State Government has a definite re sponsibility to cause existing industry to expand and to attract new industry to our State. The committee has visited industry prospects wherever and when ever there seemed to be a need for interest and concern to be shown by the elected officials of our General Assembly.
The legislation that resulted from the committee's work and the forward progress made in attempts to make Georgia fully competitive with other States seeking industry, indicates that similar committees should be continued in the 1963-64 General Assembly.
Report read and approved by Committee.
1st Harry C. Jackson, Chairman Senator, 24th District
/a/ G. V. Green Senator, 44th District
/s/ John T. McKenzie Senator, 13th District
/s/ Elden W. Mathews, Secretary Senator, 48th District
/s/ J. Floyd Harrington Senator, 20th District
INTERIM COMMITTEE REPORTS
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COMMITTEE REPORT ON HR 653
Mr. Speaker: Members of the House:
SUBJECT:
REPORT OF COMMITTEE APPOINTED BY THE SPEAKER PURSUANT TO RESOLUTION NO. 653 ADOPTED BY THE HOUSE AT THE REGULAR 1962 SESSION OF THE GENERAL ASSEMBLY.
This Committee was charged with the responsibility of studying the problem created by the high percentage of financially irresponsible motorists upon the highways of Georgia and to make recommendation as to possible solution of the problem.
The Speaker appointed the following Representatives to serve on the Com mittee:
Honorable Wilson Wilkes, Cook County Honorable Crawford Ware, Troup County Honorable David C. Jones, Worth County Honorable Alpha A. Fowler, Jr., Douglas County Honorable James L. Conner, Jeff Davis County Honorable Talmage B. Echols, Upson County
Having been designated Temporary Chairman, Wilson Wilkes convened the Committee at the Capitol. Wilson Wilkes was elected Chairman and was authorized to name the Secretary. He named Talmage Echols Secretary.
At the organization meeting the Committee discussed at length the problem posed by the uninsured motorist, as well as the various available possible solu tions. It was decided that acting within the authority of HR 653 studies should be made in the following areas:
1. Financial responsibility laws.
2. Enforcement of financial responsibility laws.
3. Proof of liability insurance coverage by motorists as requisite to purchasing license plates.
4. Unsatisfied judgment or uninsured motorist insurance for financially responsible drivers.
The Committee notified the various segments of the insurance industry and the respective Departments of State Government of its purpose and intention. Participation in our deliberations was invited.
The following segments of the insurance industry formed a committee identified as the "All Industry Committee". The purpose of this committee was to bring together the thinking of the insurance industry in an effort to recom-
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mend to our committee and the General Assembly a composite plan for dealing with the financially irresponsible motorists on the highways of Georgia. The following were represented on the All Industry Committee:
American Mutual Insurance Alliance
Association of Casualty and Surety Companies
Georgia Association of Independent Insurance Agents
Georgia Mutual Agents Association Managing General Agents
National Association of Independent Insurers.
After the 1962 session of the General Assembly this All Industry Com mittee met numerous times and representatives of the Committee asked for hearing by our House Interim Committee. At this hearing Mr. John R. Hopkins presented on behalf of the Industry Committee recommended action looking to ward the solution of the uninsured motorist problem.
Sub-Committees of your Committee met with Insurance Department Officials, Representatives of Agents Associations, Agents and individual car owners in the states of New Hampshire, Connecticut and Virginia.
FINDINGS OF THE COMMITTEE:
1. Three states presently have compulsory automobile liability insurance laws: North Carolina, Massachusetts and New York. Your Committee com municated with responsible officials in these states, also studied the record of claims, rates and incidence of accidents in these states. We find that the auto mobile liability insurance business in these states is hopelessly involved in politics; that their rates are consistently and decidedly higher than rates in non-compulsory states; also that there is much sentiment in these states to repeal the compulsory laws but it is highly questionable if they will be able to unravel the politics-insurance tangle.
2. Grave concern exists in our state about this problem of the high per centage of financially irresponsible motorists driving upon our highways in Georgia. This concern is shared by but not limited to the Insurance Commis sioner of Georgia, all segments of the insurance industry, other state officials and the financial responsible motorists in general.
3. It is the unanimous opinion of your Committee that it is most urgent that legislation be enacted at this session of the General Assembly looking to the solution of this problem of making more motorists of Georgia financially responsible.
4. Generally the "Virginia Plan", which has increased insured motorists upon the highways of Virginia without the state becoming involved in com pulsory auto insurance laws seems to be the most effective and with the least involvement on the part of the state government. Presently uninsured Virginia motorists on the highways of Virginia is about 4.5%. This figure seems to approach the irreducible minimum.
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RECOMMENDATIONS OF THE COMMITTEE.
1. We unanimously oppose the requirement of proof of liability insurance as requisite to obtaining license to operate a motor vehicle. This is commonly known as compulsory auto liability insurance law.
2. Our financial responsibility laws should be made more stringent and strictly enforced.
3. The Committee was divided on supporting the Virginia Plan in its entirety. By compromise among the six members, the Committee decided to recommend, by introduction of Bills, parts of the "Virginia Plan". The parts accepted are the Bodily Injury and Property Damage uninsured motorists, but instead of creating a fund as in Virginia, we allow all insureds the right to reject this uninsured motorists clause. Step by step procedure was thought best instead of the full plan.
4. Uninsured motorists insurance should be made available at minimum cost to all insured motorists. Bodily Injury coverage should be provided with limits consistent with the financial responsibility law; also the policy should include property damage protection to $5,000 with $200.00 deductible clause. These coverages should be included in every insurance policy written in the State covering Bodily Injury and Property Damage. However, the right to reject this coverage should be given the policyholder.
Respectfully submitted,
Wilson Wilkes, Chairman James L. Conner Crawford Ware David C. Jones Alpha A. Fowler, Jr. Talmage B. Echols, Secretary
REPORT OF THE STUDY COMMITTEE PERTAINING TO THE PROCEEDINGS FOR DISBARMENT AND THE STANDARDS OF
CONDUCT OF ATTORNEYS AT LAW
TO: SPEAKER OF THE HOUSE OF REPRESENTATIVES AND MEM BERS OF THE GENERAL ASSEMBLY.
The House Committee to study matters pertaining to the disbarment, suspending and discipling of attorneys at law and the standard of conduct that should be required of attorneys permitted to practice law in Georgia was created by HR 733, adopted at the 1962 Session of the General Assembly pursuant to the Resolution. The following were appointed by the Speaker as Members of said Committee:
Representative Phil Taylor of Bibb County Representative Jim Hull of Richmond County Representative William Fleming, Jr., of Richmond County Representative John Scarborough of Crawford County Representative Clarence Vaughn, Jr., of Rockdale County Representative William Killian of Glynn County Representative Henry N. Payton of Coweta County.
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Representative Henry Payton was designated Chairman by the Speaker and Representative Phil Taylor was elected Secretary of the Committee.
In accordance with and pursuant to the terms of the Resolution, the Com mittee met and studied the present laws of the State of Georgia pertaining to the disbarment and disciplining of attorneys at law. The Committee also studied the various Bills which have been introduced in past Sessions of the General Assembly relating to this subject.
During the meetings of the Committee, the Committee has conferred with many lawyers throughout the State of Georgia and Members of the Georgia Bar Association seeking to determine the feelings of the lawyers of this State as to whether changes should be made in the existing laws pertaining to the disbarment and disciplining of attorneys and the standards of conduct of at torneys. The Committee attended meetings of the Board of Governors of the Georgia Bar Association at St. Simons Island, Columbus and Atlanta.
Your Committee is also indebted to a Special Committee of the Georgia Bar Association on the Incorporation of the Bar, which Committee was com posed of Messrs. 3. Edwin Peavy, Jesse G. Bowles, F. Jack Adams, Arthur K. Bolton, Charlie Gowen, Kirk M. McAlpin, Hal M. Smith, and Oscar M. Smith. This Special Committee of the Georgia Bar Association has submitted to the lawyers of Georgia a condensed report outlining the benefits to the attorney in having an organized Bar within the State. This Legislative Committee recognizes that disciplinary proceedings constitutes one facet in an organized Bar. This Legislative Committee also recognizes that standards of conduct and ethics also constitute a facet of an organized Bar.
The report of the Special Committee of the Georgia Bar Association which was approved by the Board of Governors of the Georgia Bar Association is attached to this report as an exhibit. Your Committee feels that the detailed information contained in said report, much of which had been obtained by this Committee, clearly establishes the desirability of an organized Bar and inasmuch as such an organization could more effectively deal with disciplinary problems, said report of the Special Committee of the Georgia Bar Association is hereby adopted and incorporated as a part of the report of this Committee.
In studying the laws of other states, your Committee studied the laws per taining to the State of New York inasmuch as said State does not have an incorporated Bar. Your Committee is indebted to the Honorable Henry Weiner, Chief Counsel of the Coordinating Committee on Discipline of the New York City Bar Association, New York County Lawyers Association and the Bronx County Bar Association. This Committee is also indebted to the Honorable Eric Nightingale, Chief Attorney of the Committee on Grievances of the New York City Bar Association.
Prom data furnished by the above gentlemen, your Committee learned their methods of procedure in investigating and handling disciplinary problems in this City which has probably the largest concentration of attornevg in the United States. Your Committee learned that in the State of New York, even without an incorporated Bar, disciplinary problems are handled entirely by ths Bar Association and the courts. The courts of New York State in the New York City area generally recognize the inherent power of the court over the admission,
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standards of conduct, and disciplining of attorneys who practice in that State. The appellate divisions of the New York Courts have established, by rule, the standards required for admission to practice law and for the removal of practic ing attorneys. The Courts of the State of New York were given, by statute, the power and control over attorneys and counselors at law and were authorized to censure, suspend and remove attorneys.
Your Committee noted with interest the rules of practice in New York requiring all attorneys representing plaintiffs in personal injury suits to, not only file a copy of their fee contract with the Coordinating Committee on Dis cipline, but said attorneys are also required to file a statement of disbursements at the conclusion of said case. It was learned by your Committee that such reports were greatly beneficial in determining violations of ethics in the solici tation of claims.
With specific reference to the laws of the State of Georgia, your Committee recommends that Section 9-405 of the Code of Georgia be amended so as to pro hibit solicitation of business by attorneys. Your Committee feels that the present Code Section is too vague and indefinite and possibly does permit the solicitation of business, particularly corporate business, where claims or demands may be forthcoming months or years after solocitation of the client.
Your Committee feels that the solicitation of any business, whether the same be civil or criminal, or for the plaintiff or defendant, should not be per mitted.
Your Committee further recommends that those organizations now au thorized to make investigations contemplated by Section 9-406 of the Code be granted subpoena power by amendment to said Code Section.
Your Committee further recommends that Section 9-407 of the Code be amended so as to grant those organizations designated in said Section the power to bring disbarment proceedings in addition to those powers now granted by said Section.
Your Committee further recommends that Sections 9-501 through 9-519 of the Code of Georgia be repealed and that in lieu thereof legislation be enacted recognizing the power of the Supreme Court of Georgia to control the standards of conduct and practice, and disciplinary actions against attorneys at law by judicial order of that Court similar to the proposals outlined by the Georgia Bar Association in its Special Committee on Incorporation of the Bar.
Your Committee, in arriving at its conclusions and recommendations in this report, is cognizant of the fact that 23 professions and trades in Georgia have established self-governing organizations for the benefit of those persons in said organizations. These trades or professions include doctors, dentists, nurses, hair dressers, opticians, optometrists, pest control engineers, real estate salesmen, sanitarians, used car dealers and others. Your Committee is cognizant of the fact that 27 states have an organized or incorporated State Bar. Your Committee feels that such an organization in Georgia will be beneficial to the attorneys and would not deprive from them any of their present rights and liberties.
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Your Committee notes with much interest that the General Assembly of Georgia has authorized the Supreme Court of the State of Georgia to provide by rule and regulation for the examination and admission to the Bar of persons making application therefor, yet the General Assembly has never granted the authority or recognized the inherent power of the Supreme Court to control any misconduct of attorneys once admitted to practice. Your Committee notes with interest that the Court of Appeals of the State of Georgia has recognized the inherent power to admit attorneys to the Bar and also to suspend and disbar them as officers of the Court.
Your Committee recognizes that, as officers of the Court, attorneys are quasi-public officials and their duties with respect to the conduct of their business must be considered in the light of the public interest as well as the proper ad ministration of justice.
Your Committee recognizes the inherent power of the Courts of this State to regulate and control the practice of law by attorneys admitted in this State and recommends that the General Assembly so recognize said powers by ap propriate legislation authorizing and requesting the Supreme Court of Georgia to exercise such powers by judicial order and rule.
Respectfully submitted,
Henry N. Payton, Chairman Phil Taylor, Secretary James Hull of Richmond William Fleming, Jr., of Richmond John Scarborough of Crawford William Killian of Glynn Clarence Vaughn, Jr., of Rockdale
EXHIBIT A
GEORGIA BAR ASSOCIATION
REPORT OF
SPECIAL COMMITTEE ON INCORPORATION OF THE BAR
The President of the Association appointed a special committee to study the question of whether the Georgia Bar Association should continue its efforts to bring about the establishment of a self-governing incorporated bar in this state. Historically, the Association, with the approval of the membership, has made several unsuccessful efforts to secure the passage by the General Assembly of legislation establishing a self-governing incorporated bar. However, after thorough study and consideration of every aspect of a self-governing incorporated bar, the committee feels that our past unsuccessful efforts are not indicative of
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any lack of merit of such a proposal but rather have been due to a great deal of misunderstanding and misinformation among the lawyers and members of the General Assembly with respect to the purpose and ultimate benefits of a self-governing incorporated bar. We are convinced that the establishment of a self-governing incorporated bar in this state will be of inestimable benefit to the profession and to the public and that it will not take from any lawyer any of his fundamental rights or independence, but, on the contrary, will secure to the lawyers of this state a better opportunity to serve the public.
It is interesting to note that generally speaking in states wherein incorporated bars have been established, the legal profession, before it was finally successful, had the same struggle and experienced the same sort of setbacks and failures which we have experienced in undertaking to establish an incorporated bar in this state.
As an example of this, the voluntary state bar association in Wisconsin first introduced a Bill in the General Assembly of that state to establish a self-governing incorporated bar in 1935. While it passed the legislature, it was vetoed by the Lieutenant Governor who was exercising executive powers while the Governor was temporarily absent from the state. Similar Bills were intro duced in the legislature in 1937 and 1939 but both were defeated. Then again in 1940 a similar Bill was introduced, passed the House, but the General As sembly adjourned without the Senate considering the Bill. Then in 1943 another Bill was introduced and passed. It was vetoed by the acting governor of the state but was passed over his veto. However, the struggle of the profession could, through self-government and under supervision of the Supreme Court, better serve the public was not at an end. For the purpose of implementing the authorization contained in the legislative act through appropriate orders, rules and regulations of the Supreme Court, the bar association in 1943 pre sented a petition tc the Supreme Court for this purpose but the court, while recognizing in its decision its right, even independently of legislative authority, to incorporate the bar, nevertheless, declined to act at that time because so many lawyers were in the service and absent from the state. In 1945 another petition was presented for incorporation and on this occasion the court declined to in corporate the bar because it was not convinced that it was in the interest of the profession and the public and was of the further opinion that it would impose embarrasing administrative duties on the court.
However, undaunted, the Wisconsin Bar Association renewed its application to the Supreme Court and in 1956 the court entered an order incorporating the bar on a temporary basis for two years. Thereafter, at the end of the ex perimental period, the court, as will more fully hereinafter appear, was so well convinced of the great value of the incorporated bar to the public and to the profession, that in 1958 it entered an order permanently incorporating the bar.
In Oklahoma, an enabling act authorizing the Supreme Court to incorporate the bar was passed but was repealed by the legislature, before being acted on by the Supreme Court, but thereafter, in 1939, the court, upon a petition being presented to it, incorporated the bar under its inherent power over the judicial functions of the State.
In Missouri, several attempts were made through legislative action to in corporate the bar of that state without success, but in 1944 the court, upon
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application by the lawyers of that state, incorporated he bar under its inherent judicial powers.
The Florida bar was incorporated by the Supreme Court of that state under its inherent power to control and regulate the practice of law as a function of the judicial branch of the government. The Florida bar first began consideration of such a proposal as early as 1933 and filed a petition in the Supreme Court of that state in 1937 for incorporation but the court denied the application and it was not until that petition was renewed in 1948 hat the supreme Court, on June 7, 1949, granted the petition.
These examples might be multiplied but they illustrate the point which we wish to make and that is that our past unsuccessful experiences in this area are nothing new and that, through the examples of other states wherein a selfgoverning incorporated bar has been established, we should not give up our fight to gain the worthwhile objective both from the standpoint of the profes sion and the public of establishing an incorporated self-governing body in this state.
NATURE AND PURPOSE OF AN INCORPORATED SELF-COVERING BAR
An incorporated bar is an organization established either by legislative action or by judicial decision, or a combination of both, through which all lawyers in the state function to the end of regulating the practice of law, improving the legal profession and the administration of justice. Except for the fact that all of the lawyers in the state are considered to be a part of the organization, pay a license fee or dues to finance the activities of the organization and the fact that the organization is conducted according to rules laid down either by statute or rules of the Supreme Court or generally a combination of both, the in corporated bar functions much in the same fashion as a voluntary bar associa tion.
The purpose and mission of such an organization is to provide the means for collective effort and the achievement and accomplishment of those objectives and services which lawyers could never achieve or accomplish by individual effort but which, nevertheless, are the responsibilities of lawyers as members of the profession of law.
An incorporated bar is simply a recognition of the fact that lawyers are servants of the people as officers of the court in attending to the legal affairs of the members of the public and assisting the courts in the administration of justice and such an organization is designed to enable lawyers to adequately carry out their professional obligations to the public through such activities as carrying on continuing legal education programs to keep the standard of learn ing and proficiency of lawyers at the highest possible level, protecting the public against unauthorized practictioners and against lawyers who may prove themselves unworthy of their trust through the establishment and enforcement of ethical principles of conduct and the sponsoring of improvements in the ad ministration of justice.
It is to be kept in mind that while an incorporated bar greatly benefits the
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legal profession, its basic justification lies in the fact that it greatly benefits the general public. In other words, as the legal profession benefits so does the public. Thus, it is not a movement of the legal profession absed upon selfish motives. As has been pointed out, through such an organization a lawyer is enabled to render increased beneficial services to the public. In its relations with the public, the bar has always been considered as a unit. The actions and sayings of individual lawyers reflect either credit or discredit on lawyers in the eyes of the public quite independent of any bar association affiliation. By the very nature of our profssion, the interest of all lawyers, members and nonmembers of associations alike, are inextricably woven together.
In an address made at the annual convention of the Florida Bar on May 7, 1960, J. Lewis Hall, Immediate Past President of the Florida Bar Associa tion, had this to say:
"In an older day, the concept of the duty and responsibility of the lawyer required only that he faithfully discharge his obligations to the individual client who sought his services; in this era of social conscious ness and social responsibility the new concept requires that the legal pro fession afford to the public and to society that guidance in legal affairs that can only be given through organized and coordinated effort.
"The responsibility of the profession to society transcends the duty of the individual to so conduct himself in relation to his duties and obliga tions that he commands the respect of those with whom he comes in contact; we must so conduct the affairs of our profession that we inspire confidence in the minds of the public in our ethical standards, and in our qualifica tions to discharge the responsibilities entrusted to us.
"As individual lawyers, we may strive for improvement in the ad ministration of justice, we may devote our energies to raising the stand ards of our profession, we may stand for the highest of ethical principles, but we can achieve but little without the organized and cooperative efforts of our brother practitioners.
"Thus, in essence, the purpose, the role and the mission of the or ganized bar is, through collective effort, to achieve those objectives, ac complish those purposes, and render those services which as individual practitioners we cannot achieve, accomplish and render. We therefore, as an organized bar, are dedicated to service to the profession, service in the improvements of the administration of justice and to service to the public.
"It is the role of the organized bar to speak for the profession, to give unity to its efforts, to conduct its relations with the public, and to enforce and make effective the ethical standards of the profession."
FLORIDA BAR JOURNAL, Vol. 34, No. 10, pp. 939-940.
We feel that this forcefully and accurately states the need for, and function of, an incorporated bar.
The defects of a voluntary bar association are many and well known. It has a limited number of members; limited financial resources so that services to the lawyers are relatively insignificant; a great deal of time, effort and funds must be used to try to increase the membership or even to prevent a decrease in membership; it is unable to effectively mobilize the bar as a. whole
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in support of desirable movements and it is unable to coordinate its activities with local bar associations. All of those disadvantages and others are corrected by an incorporated bar.
We also believe that it is true that in our past consideration of the in corporated bar too much emphasis has been put on the matter of discipline and too little emphasis has been put on the tremendous amount of service, help and assistance that an organized bar can be to the individual lawyers and to the profession. The establishment of ethical rules of conduct such as those which now govern the members of the American Bar Association and the Georgia Bar Association and of fair procedures not only through which the lawyers may exonerate themselves from unfounded charges of misconduct but through which lawyers who may be unfaithful to their trust and unworthy of serving the public can be effectively disciplined is a worthy and an essential objective of an incorporated bar. We do not believe the public has been overly impressed with our high sounding claim that lawyers occupy a peculiar position of trust, that public service is our main goal and that we are bound by a strict code of ethics. Nor do we think that the public will be impressed until, as a group, we are in a position to eliminate from the profession the small number of lawyers who do discredit to the profession as well as to discipline the few who willfully refuse to live up to the ethical standards we profess to follow. However, the matter of discipline, though important, is only one facet of the functions of an organized bar. The most important aspect of an incorporated bar is its ability to serve, help and assist the individual lawyers in their practice far beyond that which any voluntary bar can accomplish. This is brought about by the fact that instead of only a part of the lawyers of the state contributing to the expense of worthwhile activities, under an organized bar all lawyers contribute and as a result thereof the organized bar has adequate funds with which it can carry on an effective program of benefit to all lawyers.
Thus, the unification of the bar through incorporation, embracing all who propose to and who in fact actively engage in the practice of law in Georgia, will permit the organization to have adequate finances to carry on a program of merit to the benefit of the public and to the members of the legal profession.
When we examine the activities of incorporated bars in the other states, we find that they have outstanding prorgams of continuing legal education. This includes state wide and regional seminars, the development and taping- of talks and panel discussions on "bread and butter" subjects of vital interest to the lawyers for use by circuit and local bar associations, and the printing and dis semination of informative legal materials which are helpful and beneficial to the lawyer in his daily practice. For example, the State Bar of Florida is now spending in excess of $35,000.00 a year on its continuing legal education pro gram for the benefit of the Florida lawyer. While the bar of the State of Georgia is not as large as the bar of Florida, it is easily half as large and on this basis, if we were rendering the same service to the lawyers of this state as is the State Bar of Florida for the lawyers of that state, we would be spending in excess of $17,500.00 on a continuing legal education program, whereas, it has been difficult for us this year to squeeze out of our budget the sum of $1,200.00 to be allocated for this purpose.
We also find that incorporated bars in other states have acted to protect the profession and the public by being able to carry on a more vigorous and
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positive campaign to eliminate unauthorized practice of law by corporations and laymen. In many of these states, the organized bar has employed a part or full time lawyer to thoroughly investigate instances of unauthorized practice of law and to institute actions to eliminate this evil. We are having to depend for pro tection in this important area on the voluntary efforts of members of the Asso ciation, and it is obvious that the public and the profession cannot be effectively protected in this fashion. It is also clear that if we had the resources with which to carry out an effective effort to eliminate even a part of the unauthorized practice of law by laymen and corporations that the legal profession's income would be increased by literally thousands of dollars. It has been proved in other states where incorporated bars exist that such an organization has resulted in increased income to the bar through expanded and effective public relations programs, through public services and through the promulgation of information advising of the value of legal services in given situations, in eliminating sub stantial areas of unauthorized practice of law as mentioned above, in improving the ability of the bar to serve the public in all areas of the practice and through countless other activities which such an organization can carry on for the benefit of the profession.
To mention this economic aspect of an incorporated bar is not to overlook the fact that our main duty and obligation should be to protect the public, but it is also true that if a strong and independent legal profession is in the public interest, and we believe that it is, then it is perfectly proper for us to strive to increase the income of the profession because unless the profession is economical ly healthy, there can be no strong and independent legal profession to serve the public.
An incorporated bar provides an organization which, through the operation of democratic processes of its members, can speak for the entire legal profession. Thus, the profession is better able to properly assert itself and exercise a degree of influence in matters of interest to the profession, which cannot be accomplished individually or by a voluntary organization such as the Georgia Bar Association.
It has also proved true in other states where incorporated bars exist that an incorporated bar serves to stimulate the interest by a greater number of lawyers in their profession and its welfare. It develops the idea that irrespective of where we practice, or the nature of our practice, that we are nevertheless members of the legal profession and we have the same privileges, problems, duties and responsibilities; and that the welfare of the profession is a matter of serious concern to every lawyer and to the public.
Fortunately, we do not have to speculate about the advantages of an in corporated bar for they have been fully and forcefully demonstrated by the many self-governing bars which have been established and are in operation throughout the United States. We need only profit by their example and if we have faith in ourselves, in our professional good will and integrity, we can do what other bars have done in this area.
The bar of the State of North Dakota was incorporated in the year 1921 and since that time 25 additional bars have been incorporated. The states hav ing incorporated bars are: Alabama, Alaska, Arizona, California, Florida, Idaho, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada,
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New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
It is manifest that if such an organization was not of great benefit to the profession and to the public or that if it deprived lawyers of their independence or any of their fundamental rights that it would not have been gradually adopted over the years in 26 states of the Union.
It is significant that the arguments which have been made by a few law yers in this state against an incorporated bar are the same arguments which were used against such a plan in those states where the incorporation of the bar has been accomplished. These arguments are that an incorporated bar deprives the lawyer of his independence, and that he is forced to join and pay dues to an organization against his will which is compared to a union shop.
We do not feel that these arguments are sound.
Lawyers have definite duties to the court, to the public and to their profes sion. To be able to carry out these duties and responsibilities, lawyers must have some organization, and it is clear that for greater effectiveness it must be more than a partially supported voluntary association. Every lawyer should consider it his duty, as well as his privilege, to support an organization of his professional brethern dedicated to improving the legal profession and the administration of
justice. It is admittedly difficult to see how any lawyer could resent doing so. Such an organization is by no means equivalent to a union which a worker
is compelled to join in order to retain employment.
When a person becomes a lawyer, he automatically joins and becomes a memebr of the legal profession or of the bar as it is commonly referred to. As a member of the legal profession which he has voluntarily joined, he is entitled to the benefits of being a member but he is also subject to definite duties and responsibilities to his profession and to the public. The establishment of an organized bar does not require a lawyer to join anything, it simply recognizes
that he has already joined the legal profession and establishes an organization through which he and his fellow lawyers can collectively better perform their obligations to the legal profession and the public and to the expense of which all lawyers contribute equally.
No person has to become a lawyer. However, if one wishes to become a lawyer, he must first comply with certain minimum educational requirements, and pass a bar examination for which he pays a fee of $30.00. If it is sound to say that it is discriminatory and improper for a lawyer to be required to pay a license fee and to be subject to rules and regulations laid down by the legal profession through democratic processes and approved by the Supreme Court, then it would be just as sound to claim that if a person wishes to become a lawyer, it is discriminatory and improper to require him to satisfy minimum legal educational standards and to pass a bar examination and pay a fee there
for.
Once a person becomes a lawyer, he becomes an officer of the court and no one will doubt or dispute that he has large and peculiar responsibilities to the public. The incorporated bar is not intended to deprive him of his in-
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dependence, but only to establish an effective method of seeing that lawyers do carry out their public responsibilities. A person does not have to drive an auto mobile, but if he elects to drive an automobile he must secure a license and pay a fee therefor. This is generally accepted as being perfectly proper and legal because it is in the public interest. It would therefore seem ridiculous to claim that there is anything improper in requiring a lawyer, if he wishes to practice, to pay a license fee which is to be used to improve his profession and to make it better fitted and qualified to carry out its public responsibility.
Illustrations might be multiplied but we believe that the foregoing illustrates the utter lack of merit or good faith in any claim that an incorporated bar can be compared to a union shop or a claim that a lawyer is being deprived of his individual liberties and independence by being required to pay a license fee in support of the improvement of his profession and its service to the public.
Of course, if by the use of the word "independence" is meant the right of a lawyer to be a law unto himself, to be bound by no standards of ethics, or if by "independence" it is meant that a lawyer has no responsibility to his pro fession, then an incorporated bar can be said to deprive him of his independence. However, in no other sense can this be true.
In the case of Goodland v. Zimmerman, 243, Wise. 459, 10, N. W. 2d 180, the Supreme Court of Wisconsin said:
"it is argued that Chapter 315, the first section of which makes mem bership in the Association to be known as the State Bar of Wisconsin a condition precedent to the right to practice law in Wisconsin, operates or may operate so as to deprive an attorney of his right to practice law and is therefore beyond the competency of the Legislature. Under the Act the conditions of membership are to be prescribed by the order of integration, what those conditions will be has not yet been disclosed, but assuming that failure to pay dues as prescribed by the order, operates to suspend an at torney's membership in the association, his delinquency is the cause of his suspension. He may comply with the order and continue his practice of the law at any time he chooses. Membership in most associations is made de pendent upon compliance with the conditions of membership, which usually in clude the payment of a small fee. The requirement of the payment of a small fee is as much the duty of a lawyer as it is the duty of a member of any other group which enjoys special privileges and has certain prerogatives under the law. No lawyer will be or can be suspended except as a conse quence of his own delinquency."
Our President has taken occasion to write to lawyers in states having in corporated bars asking them for their opinion as to the arvantages and dis advantages of an incorporated bar and has exhibited to us the replies which he has received and without exception lawyers in those states have written praising and highly recommending an incorporated bar as an organization of great bene fit both to the profession and to the public and have uniformly rejected the idea that such an organization works in any way to the detriment or the in dependence of any lawyer. Space will not permit our setting out all of these replies but extracts from some of the letters we believe will be of interest to the lawyers in this state in considering this important matter.
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"I do not believe that our organization of the bar has in any way encroached upon the independence of the bar. . .
"It has been our experience that the organized bar has every advantage over a voluntary association. Not only has it proved advantageous to the bar but it has proved itself very advantageous to the public."
James J. Carter, President Alabama State Bar
"Having been admitted to practice in Arizona prior to the integration and incorporation of the bar in Arizona, I have some personal knowledge of the systems, as far as this state is concerned. It is my opinion that the integration and incorporation of the bar in Arizona has done more to solidify the bar and make it a cohesive unit than anything that could possibly have happened. Prior to its integration and incorporation, one did not really feel that he belonged to a state organization. Each of the counties had its own bar association, and its activities depended upon the interest of the members in each particular county, and in our county there was practically no in terest, and thus, our association amounted to practically nothing.
"It is also my opinion that due to the fact that we did not have an effective policing organization within our own ranks, the public as a whole did not have the confidence and respect, for the legal profession which they should have had, and which we, as lawyers, should do our best to acquire and preserve. . . .
"As far as I know, I have never met a lawyer in Arizona who ex pressed a desire to go back to the old method of handling the legal profession in the state. In other words, as far as I know, there is no criticism as to having an integrated and incorporated bar."
Martin Gentry, Attorney at Law Bisbee, Arizona
"As to the desirability of an integrated bar, I do not subscribe at all to those opponents of such a measure who maintain that there is any inter ference with the independence of the lawyer. I subscribe wholeheartedly to the view that such an organization can serve to prove to be an asset to the legal profession with consequent benefits to the public."
William B. Boggess, President Alaska Bar Association Fairbanks, Alaska
"We feel that there are many advantages that stem from our integrated bar . . .
"I have been practicing here since 1945, and I cannot recall having heard any serious complaint to the effect that the lawyers of this state have lost any of their independence in carrying on their practices as a result of the establishment of our integrated bar."
William T. Gray President, State Bar of California Los Angeles, California
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"We are well pleased with our results in Florida and believe that when the benefits are explained to the rank and file of the lawyers in Georgia, that they will agree with us that this is the thing to do."
Clarence E. Brown, Attorney at Law Lake City, Florida
"I do not understand in what way an integrated bar deprives the lawyers of their independence. Regarding the lawyers in Idaho, I would be willing to say that they are as independent as any professional group you can find in any of the 50 states. I find no limitation whatsoever on the expression of any individual lawyer's views of his right to urge and work for programs that he may believe in whether or not they may be endorsed by the bar association as a whole.
"As to the advantages, they are numerous."
Glenn A. Couglan, President Idaho State Bar Boise, Idaho
"In my experience and estimation an argument that an organized bar robs a lawyer of his independent is specious as are the companion arguments that it is not in the interest of the profession or the general public. In my experience no lawyer in these Western states, where the organizd bar has its gratest adherence, has ever expressed a willingness or desire to return to the somewhat ineffectual, if not chaotic, situation that existed under the voluntary type organization."
J. Blaine Anderson Attorney at Law Blackfoot, Idaho
"I have never heard any lawyer express a feeling that belonging to the bar association deprived anyone of their independence in carrying on the practice. On the other hand, I believe there would be a general complaint among all lawyers if an attempt should be made to return to the old vol untary membership program once in force in Kentucky. I believe your ex perience would be the same as ours."
James F. Clay Attorney at Law Danville, Kentucky
"My feeling is that the integrated bar, such as we have in Kentucky, is decidedly advantageous to the individual lawyer and to the legal profession as a whole. I also feel that it facilitates somewhat improved discipline and is, therefore valuable to the general public . . .
"I strongly recommend the integrated bar in each state. I feel that the profession as a whole will be derelict if it fails to establish an aggressive and militant organization to preserve and promote its interests on the na tional level as well as on the state and local levels."
John C. Lovett Attorney at Law Benton, Kentucky
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"Having practiced some 25 years, I can only say that such an organiza tion does not in any way deprive a lawyer of his independence in the carry ing on of his practice.
"The benefits of such a bar association are so numerous and I will, therefore, only quote a few . . .
"Through our grievance procedures, checks and balances are effected upon those in the profession who are unscrupulous but at the same time it affords an attorney opportunity to vindicate himself from the accusations or actions of an unscrupulous client . . .
"From my point of view, the most valuable asset of an integrated bar is from an educational standpoint. We receive a monthly bulletin which keeps us up on all the new things happening in the legal profession and the bar itself is divided into sections so that if some individuals is interested in some small particular section he can subscribe thereto for a nominal fee and thereby be supplied with a monthly report on all federal and state cases applicable to that section as well as circuit court cases decided but not appealed as well as all current publications pertaining to that particular section.
"I believe every practicing lawyer in the State of Michigan is 100% for our organization."
Nuel N. Donley Attorney at Law Big Rapids, Michigan
"The lawyers in Mississippi have been highly pleased with the inte grated bar . . .
"We have found that the act has worked very successfully in Mississippi.
"It is my opinion that the integrated bar has been most helpful and satisfactory to the legal profession as a whole, and to the general public. It is much more effective than a voluntary bar association."
John T. Armstrong Attorney at Law Hazelhurst, Mississippi
"Initially, there was some opposition to the requirement that all lawyers in the State belong to the Mississippi State Bar. I am happy to report that the members who now object thereto can be counted on the fingers of one hand.
"There is absolutely no foundation to the belief that a unified bar deprives any lawyer of one whit of his independence. The only way, in my opinion, that this could be true would be in the matter of discipline and certainly no ethical lawyer can rightly raise any objection to strong dis ciplinary proceedings which inure not only to the benefit of each and every member of the bar, but certainly to the public as well . . .
"In your letter you asked me to give any comments which I might have on the disadvantages of a unified bar. Frankly, I can think of none.
"The advantages of a unified bar are many and varied. At first and probably foremost, I think that it is possible under a unified bar to get
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a continuing legal education program down to every individual lawyer. The advantages of this are, of course, obvious. These advantages are most im portant to the public, since the result is a better equipped bar to serve the public and the demands of justice.
"Second, the bar speaks with more force and dignity when it represents all the practitioners within the state. A voluntary bar can never speak with the authority that a unified bar has because those to whom it is speaking know that the unified bar represents all the lawyers as against the volun tary bar which represents only a part of the lawyers.
"The unified bar has procedures for ethical discipline within its own framework when discipline indicated is not sufficient to warrant suspension or disbarment. There is an official body from which ethical rulings may be sought with reference to certain procedures or conduct.
"I can not stress too heavily the fact that it is my personal opinion that the unified bar works tremendously to the advantage of the public and makes possible the better administration of justice."
C. Sidney Carlton, President Mississippi State Bar Sumner, Mississippi
"I think the association representing all of the lawyers in the state is very definitely beneficial. It means that all lawyers feel a part of the organization; the organization, for whatever activity it carries on, can feel that it is acting for and on behalf of all of the lawyers of the state; and all the lawyers help to carry the burden of the activities of the organized bar from a financial standpoint. I very definitely believe it is the obligation of the organized bar to attempt to keep the lawyers up to date through con tinuing legal functions; to help in the administration of justice by keeping abreast of the needed general changes in legislation in the state, and to give the individual lawyers a forum within which to be represented in con nection with the profession.
"We have found that we have an excellent participation by a great many lawyers who would not otherwise belong to a voluntary association."
Jackson A. Wright, President
The Missouri Bar
Mexico, Misouri
"When the suggestion was first made that the bar of this state be integrated there was, of course, opposition to it. Most of this opposition came from attorneys who feared the increased disciplinary powers pro vided for, but I think I am safe in sawing that few, if any, of the lawyers of Nebraska would willingly go back to the voluntary form of organization. With increased membership and increased dues, the association is able to engage in very many activities which were impossible under the former system, principally in the field of continuing legal education."
George T. Turner, Secretary
Nebraska State Bar Association
Lincoln, Nebraska
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"As President of an integrated bar, I can assure you that the views of the opposition in your state to a similar organization are not valid, as, certainly, we here in this state have not sacrificed any of our independent but, to the contrary, we have found that our association has been of con stantly improving service to the members . . .
"We have found no disadvantages in our integrated bar. To the con trary, we have found many advantages, including principally, the interest which has been stimulated in all members of the bar in the single organiza tion and to which they all have the feeling of belonging."
Ralph E. Scododa, President Nebraska State Bar Association Omaha, Nebraska
"It is my feeling, which I believe is shared by most practicing attorneys, that the integration of the bar by a structure such as ours, is a definite step forward by the profession and leads to better public relations between the lawyers and laymen and also improves the caliber of the bar."
Wilber S. Aten Attorney at Law Holdrege, Nebraska
"In my practice, I can not recall the integrated bar ever interfering with my practice, except to require me to be ethical, nor can I recall any other attorney being adversely affected. I can assure you that the integrated bar has been a help to me in my practice, not hindrance."
Robert W. Ward Attorney at Law Lovington, New Mexico
"The objections which you state in your letter that have been raised to the integrated bar, that lawyers might be deprived of their independ ence, and that such an organization might not be in the interest of either the profession or the public have not existed in our experience in North Dakota. On the contrary, I think that our lawyers, practically without an exception, feel that this form of organization has been beneficial to all."
Theodore Kellogg Attorney at Law Dickinson, North Dakota
"It is our feeling that the association is greatly strengthened by the integrated bar. We do not find that lawyers are deprived of any of their independence in carrying on their practice and the organization is all the stronger because of the additional membership and duse involved. There has been no move on the part of Oklahoma lawyers, either in groups or singly, to propose a repeal or setting aside of the rules creating the Oklahoma Bar Association."
Jack N. Hays, President Oklahoma Bar Association Tulsa, Oklahoma
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"I have never felt that our bar set up an any way or manner deprived any of the lawyers of their independence or that it has done anything ex cept improve the general administration of justice in the State of Oklahoma. I understand that at the time the bar was integrated that there was quite a fuss and grumble from lawyers both in the small communities and cities that their independence was being threatened. This condition has totally failed to develop as far as I am concerned."
John B. Doolin Attorney at Law Alva, Oklahoma
"We have a very active state bar association in Oklahoma.
"I have heard no complaints to the effect that lawyers have been de prived of their independence in carrying on their practice. So far as the public is concerned, the state organization seems to be well recognized and respected. This, of course, arises from the fact that such an organization can, through its public relations committee, disseminate information con cerning the practice of law to the general public, which individual lawyers could not do without being subjected to criticism for advertising ... I would express the unqualified opinion that an official, integrated bar is highly de sirable, both from the viewpoint of the legal profession as a whole and the general public."
Ralph E. Brainard Attorney at Law Claremore, Oklahoma
"The Oregon bar has worked very well. The services of the association to the members have constantly increased and I think that our standing with the people, the legislature, and the course has constantly increased."
Roy Kilpatrick Attorney at Law Canyon City, Oregon
"In my humble judgment, the lawyers in any given state who refuse to become associated together in an integrated bar are fouling their own nest and are slowly decimating themselves and their profession.
"I am what is termed a 'country lawyer' practicing in a town of some 7500 people in the very north side of the state of Texas. I have never found that the integrated bar deprived me as a lawyer of any of my independence, but on the contrary, have found that it permitted me a great latitude in my actions in the practice of my profession, because I now generally know what I can do, what I ought to do, and I can do it better than I could when the bar was an old voluntary bar association.
"I do not believe that there are a handful of lawyers in Texas who would now seriously think of returning to the old voluntary association. Be fore the bar was integrated in Texas, there was no funds whatsoever, of any consequence which permitted the profession as a whole to advance its cause. Public relations was unheard of, institutes were rarely held, organizations were quite inactive, and the individual income of the lawyers as a whole were in a deplorable state. After some 22 years as an integrated bar, we in
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Texas, now find that we have an annual budget of some $250,000.00 which the lawyers gladly pay because out of that money the bar of Texas main tains a well-staffed office in Austin in a Texas Bar Building which cost a quarter of a million dollars and is a lawyer's home away from home; we have a general counsel who is the lawyer for all the lawyers in Texas; we have a Public Relations paid Director who sees to it that the lawyer's side of the issue is always before the public, and we have numerous active com mittees engaged in the work. All over Texas, and nearly every month, there is an institute where lawyers speak to groups upon matters which are of general interest in the profession, upon the bread-and-butter subject, and how to do the job . . . last year the lawyers of Texas, through a Committee of the State Bar, arrived at and published a minimum statewide fee schedule which is doing wonders to raise the economic level of lawyers as a whole. I earnestly do not believe that there would be the remotest chance that the lawyers of Texas would ever consent to have their association and work revert to the old voluntary association."
Buster Cole President-elect, State Bar of Texas Barnham, Texas
"Our bar was first integrated by legislative action in 1933. As I have been able to observe the operation of an integrated and un-integrated bar, I am appreciative of the foresight of the leaders of our bar in getting this important step taken care of so long ago. Since becoming an integrated bar we have found that our lawyers have supported its activities substantially better than before and we have heard no complaints about any of the mem bers of the bar being deprived of their independence."
James E. Faust President, Utah State Bar Salt Lake City, Utah
"I was admitted in Washington in 1934, the year following the incor poration of our bar, so I do not have the benefit of practical experience under the old setup, but know from the older lawyers that incorporation was the right step. I have never talked to any lawyer in 29 years who has voiced any desire to return to the old system. I definitely feel that it has in many respects improved the position of the lawyer and the legal profession as a whole, and it naturally follows that an improved profession is a benefit to the general public."
S. Arnold Attorney at Law Clarkeston, Washington
"In your letter you said that you were interested in my comments as to the advantages and disadvantages of an organization such as you have in mind. I have been a mmeber of our state bar since the day of its original organization.
'"In my opinion, there are no disadvantages or undesirable features of an 'integrated' state bar organization. Our state bar is universally recog nized by the attorneys in this state as a useful and helpful organization. It has sponsored and promoted a great many projects helpful to the admini stration of justice on behalf of the bar.
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"I do not recall that I have ever heard any adverse criticism of the concept of an integrated bar in West Virginia from any lawyer who has been a member of that bar."
Vincent Chaney President, West Virginia State Bar Charleston, West Virginia
"I do not recall ever hearing any adverse comments or complaints from Wyoming lawyers about the present system during the 15 years of my practice.
"I personally do not feel that my practice has in any way been restricted or that my freedom to practice my profession is in any way infringed upon by the fact that the Wyoming State Bar is an incorporated one with com pulsory membership and dues."
William J. Kirven Attorney at Law Buffalo, Wyoming
"In my opinion, integration of the bar in Wyoming has been all for the good, and I have not observed any disadvantages. Since our bar has been integrated a much larger percentage of the attorneys in the state have become interested in and have taken part in bar association activities."
George P. Sawyer Attorney at Law Torrington, Wyoming
"I believe that our organized bar has provided greater service for the individual lawyer in Wisconsin than has ever been the case before. While financial returns to the lawyer are certainly not the most important thing, these returns are something which each lawyer must necessarily consider, and I firmly believe that one accomplishment of the organized bar has been to assist lawyers in realizing more nearly what they are entitled to realize from their efforts."
Steven P. Pray Attorney at Law Ashland, Wisconsin
"As a member of the Board of Governors of the voluntary bar of Wis consin some years ago, I was opposed to integration of the bar, and I voted in opposition thereto. We have had integration now for a number of years, and I have completely changed my position. I am 100% in favor of inte gration for several reasons: (a) discipline of the members has been im proved, (b) we have money to work with, and as a result the services ren dered by the State Bar to the attorneys in the state have increased tre mendously, (c) there are no longer any free riders, and (d) the economic condition of the lawyers has been bettered tremendously.
"I might say that I am one of a great number of lawyers in Wisconsin who originally was opposed to the idea of integration who has now changed his mind."
Carroll B. Callahan Attorney at Law Columbus, Wisconsin
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"I have been practicing law in Black River Palls since 1934. I have seen no differences in my relationship to the bar association or to my clients as the result of the integrated bar, except that the bar association has been able to give me many helps that it could not have done had not the bar been integrated. The voluntary bar association was supported by those who were interested, and did effective work in Wisconsin, but was very limited in its funds. Now all our members of the bar must support its work, and it does have funds with which to give us help in a very practical manner. One of the things that the bar has given to us is the Desk Book for Attorneys, in which there are many practical aids to the everyday practicing lawyer. I can name specifically, probate matters, real estate, title problems, auto mobile accident litigation, trial work, etc. During the year the bar associa tion has scheduled regional meetings throughout the state, in which there are very helpful panels with respect to these various everyday activities in the law office. Last year, the bar association assisted in the holding of three day sessions on estate planning, with some of the finest talent available to give counsel to those who were present. The large number who attended these sessions is in itself a testimonial to the effective work being done.
"I can assure you that there has been no interference with the practice of any lawyer in the State of Wisconsin as a result of the integration of the bar."
Ralph S. Lund Attorney at Law Black River Falls, Wisconsin
We have previously pointed out that originally the Supreme Court of Wis consin incorporated the bar of that state on a two-year trial basis and thereafter at the end of that time made the incorporation permanent. In doing so, the court said:
"Under integration the State Bar has increased its services to the lawyers of this state, promoted the high standards of the members of the profession, and increased its contribution to public service and to the ad ministration of law and justice. The state bar is in sound financial condi tion and its membership is greater in number than was reasonably expected. The acceptance of the integrated bar by its members and by the public dur ing these two years have been satisfactory . . . The objections and fears of the opponents of integration have not materialized. The arguments advanced for not continuing the integrated bar are the same or similar to the argu ments heretofore considered and disposed of by this court. None of them is grounded upon the experience of the last two years with the integrated bar which has functioned well and successfully. Perhaps this was to be expected. At the time of the integration of the bar there were 24 other states in which the bar had been integrated and no Supreme Court, to our knowldge, which integrated the bar of its state by rule of the court has found the integrated bar to be unworthy of its existence."
A past president of the Wisconsin State Bar, in an address at the Bar Presidents' Conference in Chicago in 1960, had this to say:
"Admittedly, there was some 'grousing' and complaints at the time of integration. A vigorous and noisy minority cried 'closed shop,' 'regimenta tion', and the like. Apparently this has been experienced in every state where integration has come about. I am pleased that it is rapidly dying out in
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Wisconsin. Moreover, some of the most vigorous opponents have now be come some of our best and most active supporters."
In Florida, Missouri, Nebraska, and Oklahoma, bar incorporation was car ried out by a decision and order of the Supreme Court without any sort of en abling legislation, these decisions being based upon the well recognized principle of the inherent power of the judiqiary to regulate the practice of law.
In re Integration of the Nebraska State Bar Association, 133 Neb. 283, 275 N.W. 265, 114 A.L.R. 151
In re State ex rel Johnson v. Childs, 139 Neb. 91, 295 N.W. 38
In re Richards, 333 Mo. 907, 63, S.W. 2d 672
In re Clarke v. Austin, 340 Mo. 467, 101 S.W. 2d 977
In re Pate, ........ Mo. App. ____._.., 107 S.W. 2d 157
In re Integration of State Bar of Oklahoma, 135 Okla. 505, 95 Pac. 2d 113
In re Petition of Florida State Bar Association, ._....._ Fla. ......__, 20 So. 2d 902
In Wisconsin the Legislature passed an enabling act authorizing the Su preme Court to incorporate the bar but the court recognized in its decision that it had authority to incorporate the bar independently of legislative authority.
In re Goodland v. Zimmerman, 243 Wise. 459, 10 N.W. 2d 180
See also:
In re Ayres v. Hadaway, 303 Mich. 589, 6 N.W. 2d 903
In re Sparks, 267 Ky. 93, 101 S.W. 2d 194 In re Monday, 202 La. 41, 11 So. 2d 398
In Louisiana, the Legislature passed an act which in effect simply requested the Supreme Court of that state, in the exercise of its inherent judicial powers, to create an association to be known as the Louisiana State Bar Association consisting of all persons legally licensed to practice law in the stat and that no person could practice law in the state who was not a member thereof in good standing and providing for the passage of rules and regulations by the court governing the organization and regulation of the practice of law.
The enabling act passed by the Wisconsin legislature simply provided that:
(1) There shall be an association to be known as the 'State Bar of Wisconsin' composed of persons licensed to practice law in this state, and membership in such association shall be a condition precedent to the right to practice law in Wisconsin.
(2) The Supreme Court, by appropriate order, shall provide for the organization and government of the association and shall define the rights, obligations and conditions of membership therein, to the end that such as sociation shall promote the public interest by maintaining high standards
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of conduct in the legal profession and by aiding in efficient administration of justice."
In other states acts of incorporation have been enacted which deal in varying degrees with details as respects the government and powers of the in corporated bar.
In Kentucky, the act provided only for the adoption of rules by the Court of Appeals of that state defining the practice of law, prescribing a Code of Ethics, establishing practice and procedure for discipline, suspending and dis barring attorneys, organizing and governing a bar association of attorneys as an administrative agency of the court to enforce rules adopted by the court, pro viding for government of the state bar as a part of the judicial department, requiring all persons practicing law to be members in good standing of the state bar, and fixing the form of its organization and operation, fixing and making provisions for collection and disbursement of fees of lawyers and providing that rules of the court would supersede all laws in conflict therewith.
A somewhat similar act was passed in Michigan, Virginia, West Virginia and Wyoming.
In still other states the act has dealt extensively with the government and powers of the incorporated Bar such as in California, Arizona, Nevada, North Carolina and Oregon.
It is the opinion of the Committee that a more workable organization which will be in all respects reasonable and fair to all lawyers of the state can best be developed through rules and regulations established by the Supreme Court with the assistance and recommendation of the bar association and that it would therefore be best to seek from the Legislature simply an enabling act autho rizing the court to incorporate the Bar and establish rules and regulations gov erning the incorporated Bar and matters relating to the practice of law. We are confident that the Supreme Court of this State is interested in the welfare of the legal profession and improving the administration of justice through proper and fair regulations of the practice of law as well as being interested in safeguarding the privileges and rights of each individual lawyer and that an organization worked out in this fashion will be in the best interest of the pro fession.
We feel that the Georgia Bar Association as it now exists should be kept in existence with nominal dues for its members with the view that the Georgia Bar Association would handle all social functions of the membership.
In view of the foregoing, we unreservedly recommend the following to the Board of Governors of the Georgia Bar Association:
(1.) That the Association introduce in the coming General Assembly a Bill for the incorporation of the Bar of this state:
(2.) That the Bill be to be introduced be in substantially the follow ing form:
"That the Supreme Court of this state shall be authorized to establish an incorporated self-governing bar association to be known as the 'State Bar
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of Georgia' composed of persons licensed to practice law in this state, mem bership in such association to be a condition precedent to the right to practice law in Georgia.
"The Supreme Court shall have the authority by appropriate orders to provide for the organization and government of the Association and to define the rights, obligations and conditions of membership therein and otherwise regulate the practice of law in this state, to the end that such Association shall promote the best interest of the public by maintaining high standards of conduct in the legal profession and by aiding in the ef ficient administration of justice.
"The rules of the court adopted and promulgated under this act shall supersede all laws or parts of laws in conflict therewith, to the extent of the conflict.
"Upon the presentation of a petition by the Georgia Bar Association to the Supreme Court for the incorporation of the Bar, the Association shall, as soon thereafter as may be ordered by the court, submit to that court proposed rules and regulations for the government of the incorporated bar and the practice of law in this state and a copy of said application for in corporation, together with said proposed rules and regulations, shall be furnished to each member of the Georgia Bar Association and shall be made available to lawyers licensed to practice law in this state who are not mem bers of the Georgia Bar Association. The Supreme Court shall set down for public hearing the matter of the granting of the application for incorpora tion of the Bar and the adoption of such proposed rules and regulations and any lawyer or other person interested may appear in person or by brief either for the purpose of supporting or opposing the incorporation of the Bar or supporting, opposing or urging changes in the proposed rules and regu lations.
"After adoption of the initial rules and regulations governing the incor porated bar the same may be amended upon recommendations of the govern ing Board of the incorporated Bar under such rules and proceedings as shall be prescribed by the Court."
(3.) That in the event that the Legislature fails to pass legislation authorizing the incorporation of the Bar, the officers of the Association upon adoption of proposed rules by the Board of Governors, shall be autho rized to file an application with the Supreme Court for the incorporation of the Bar under its inherent judicial powers.
In conclusion, we would point out that the success of any further effort to bring about the incorporation of the Bar of this state must of necessity depend upon the support of a majority of the lawyers in this state. If a majority of the lawyers of this state are opposed to it we are sure that we can expect failure and properly so. However, the Committee firmly believes that a majority of lawyers in this state fully understand and support an incorporated Bar. In all events we feel certain that if the lawyers of this state are fully informed about the purpose, operation and desirability of an incorporated Bar, that they will overwhelmingly support it. Hence, it is the Committee's suggestion that copy of this report be immediately mailed to each member of the Association and that it be made available to any lawyers who are not members of the Association. We further urge that officers of the Association arrange to meet with circuit bar
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groups in order to bring about a full understanding by the lawyers of the nature and purpose of an incorporated bar.
If the Board of Governors approves this report, the Committee will prepare a general analysis of the governing rules and regulations of other incorporated bars for distribution to the Board of Governors at the Midyear Meeting of the Association in Atlanta and also for distribution to the membership so that the members of the Association will be well informed as to the setup and operation of existing incorporated bars.
REPORT OP THE STUDY COMMITTEE PERTAINING TO THE PROCEEDINGS FOR DISABARMENT AND THE STANDARDS OF
CONDUCT OF ATTORNEYS AT LAW
TO: SPEAKER OF THE HOUSE OF REPRESENTATIVES AND MEMBERS OF THE GENERAL ASSEMBLY
SPECIAL CONCURRENCE:
I agree with the recommendations of the majority of the committee with reference to amending the Georgia Code Sections 9-405, 9-406 and 9-407. I dis agree with the recommendations of the majority of the committee that Georgia Code Sections 9-501 through 9-519 be replaced and that in lieu thereof legislation be enacted granting the Supreme Court of Georgia the control of the standards of conduct of the practice of law.
Respectfully, Clarence R. Vaughn, Jr. Of Rockdale
TO: SPEAKER OF THE HOUSE OF REPRESENTATIVES AND MEMBERS OF THE GENERAL ASSEMBLY:
SPECIAL CONCURRENCE:
Other than disagreeing with the recommendations of the Committee Report that Georgia Code Sections 9-501 through 9-519 be repealed, I concur with the remaining recommendations of said report.
Respectfully, James M. Hull, Jr. Of Richmond
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REPORT OF THE STUDY COMMITTEE PERTAINING TO THE PROCEEDINGS FOR DISBARMENT AND THE STANDARDS OF
CONDUCT OF ATTORNEYS AT LAW
TO: SPEAKER OF THE HOUSE OF REPRESENTATIVES AND MEMBERS OF THE GENERAL ASSEMBLY:
SPECIAL CONCURRENCE:
I agree with all of the recommendations of the majority of the committee except the recommendation that Sections 9-501 throught 9-519 of the Code of Georgia be repealed and that in lieu thereof legislation be enacted recognizing the power of the Supreme Court of Georgia to control the standards of conduct and practice and disciplinary actions against attorneys at law by judicial order of that Court similar to the proposals outlined by the Georgia Bar Association in its Special Committee on Incorporation of the Bar. While I do believe that an incorporated Bar has advantages for the profession and the public over and above an unincorporated Bar, I feel strongly that any legislation passed to in corporate the Bar of Georgia should include disciplinary measures and proce dure, standards of conduct and practice and all other measures and regulations governing the practice of the legal profession. The power to adopt such rules, regulations and standards should not be delegated by the legislature to any other group, including the Supreme Court.
Respectfully,
John C. Scarborough, Jr. Of Crawford
TO: SPEAKER OF THE HOUSE OF REPRESENTATIVES AND MEMBERS OF THE GENERAL ASSEMBLY:
SPECIAL CONCURRENCE:
I agree with the recommendation of the Committee Report to the extent that Code Sections 9-405, 9-406 and 9-407 be strengthened and clarified through prop er amendment, but not with the recommendation that legislation should be enacted in regard to the incorporation of the Bar through judicial decree.
William R. Killian Glynn County
REPORT OF HOUSE COMMITTEE CREATED BY H. R. 721 TO INVESTIGATE THE UNAUTHORIZED PRACTICE OF LAW
INTRODUCTION
The House Committee authorized to investigate the unauthorized practice of law was created by House Resolution 721 adopted at the 1962 session of the General Assembly of Georgia. The Speaker appointed as members of the Commit tee, Representatives Thomas B. Murphy, Haralson County; J. Taylor Phillips,
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Bibb County; Harry Mixon, Irwin County; Handsel Morgan, Gwinnett County; and Dorsey R. Matthews, Colquitt County. At the organizational meeting Rep resentative Murphy was elected Chairman and Representative Phillips, Secre tary. Meetings have been held in Columbus, Georgia, with the Board of Gover nors of the Georgia Bar Association and in Atlanta. Some of those who testified before the Committee were Mr. Ed Barham, Chairman of the Georgia Bar Asso ciation, Unauthorized Practice of Law Committee; Mr. Holcombe Perry, Presi
dent, Georgia Bar Association; Honorable Stephens Mitchell of the Atlanta Bar; Honorable William Schloth and Honorable S. Gus Jones, a member of the Com mittee on Unauthorized Practice of Law for the Georgia Bar Association. Those testifying in Atlanta were Mr. William G. Grant, Attorney for the Lawyers Title Insurance Corporation and Mr. John Matthews, State Manager of the Lawyers Title Insurance Corporation.
The Committee has diligently studied the various Georgia Code Sections and the case law regarding the unauthorized practice of law and the general practice of law in Georgia. Georgia Code Section 9-401 which defines the practice of law has been compared with definitions of law practice in most of the other states. After a sifting examination of the laws of Maryland, Minnesota, Missis sippi, New Hampshire, New Jersey, New York, Oregon, South Carolina, Ala bama, Alaska, Kentucky, Missouri, New Jersey, North Carolina, Rhode Island, Tennessee, Virginia, and West Virginia, from Code Sections of those states which were compiled by the Legislative Counsel's Office, the committee feels compelled to make the recommendations embodied in this report.
RECOMMENDATIONS:
1. The Committee recommends that Code Section 9-401 be amended to read as follows:
"9-401. Practice of law defined.--The practice of law in this State is defined as representing litigants in court and the preparation of pleadings and other papers incident to any action or special proceedings, in any court or other judicial body; conveyancing; the preparation of legal instruments of all kinds whereby a legal right is secured; the rendering of opinions as to the validity or invalidity of titles to real or personal property; the giving of any legal advice; and any action taken for others in any matter connected with the law. But nothing herein shall prevent any person not holding him self out as a practicing attorney from drawing any instrument to which he is a party without consideration unto himself therefor."
2. The Committee recommends that an Act be passed which will require any person who drafts a document which is to be filed with the Clerk of the Superior Court to place the name of such person on the document. A suggested section herein set out as follows:
"No Superior Court clerk shall receive, or permit the recording of any instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, granted, encumbered, assigned, or otherwise disposed of; nor receive any instrument, or permit any instru ment, provided by law, to be recorded as evidence of title to real estate; and shall not receive, or permit any instrument, relating to the organization or dissolution of a private corporation, unless such instrument has endorsed on it, a printed, type-written or stamped statement showing the name and
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address of the individual who prepared the instrument, and such statement is signed by such individual."
3. The Committee recommends that legal processes which appear to be issued from courts, but instead are issued by creditors and sent to debtors either through the mail or delivered personally, be eliminated. While the committee has no specific wording of a statute, we recommend that a statute similar to the Texas statute be introduced with changes to comply with the Georgia situation so that simulated legal processes may be eliminated in this State. The Commit tee attaches a copy of the Texas Act labeled as Exhibit 1.
In the Committee's investigation the Committee recognizes that there are presently many acts of unauthorized practice of law in the State of Georgia, and that they are contrary to the public good and a detriment to the public in general, and this Committee feels that the adoption of the above recommenda tions by appropriate legislation will eliminate these practices.
Respectfully submitted.
Thomas B. Murphy, Chairman J. Taylor Phillips, Secretary Harry Mixon Handsel Morgan Dorsey R. Matthews
Texas Penal Code Art. 438 c. Simulation of legal process
Circulation of simulated process prohibited
Section 1. It shall be unlawful for any person, firm or corporation to send or deliver, or cause to be sent or delivered any letter, paper, document, notice of intent to bring suit, or other notice or demand, which simulates a form of court or legal process, with intent to lead the recipient or sendee to believe the same to be genuine, for the purpose of obtaining any money or thing of value whatsoever. The sending of such simulating document shall be prima facie evidence of such intent, and it shall be no defense to show that the document bears any statement to the contrary, nor shall it be a defense to show that the money or thing of value sought to be obtained was to apply as payment on a valid obligation.
Evidence of delivery
Section 2. In prosecutions for violation of this Act, the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing shall be sufficient proof of the sending or delivery.
Venue
Section 3. Any person violating this Act may be tried therefor in the county where such simulating document was so deposited, or the county where the same was received.
Exception
Section 4. Nothing in this Act shall be construed to prohibit the print-
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ing, publication or distribution of blank forms of genuine court or legal process.
Penalties
Section 5. Any person, firm or corporation violating this Act shall be fined, for the first offense, not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars, and for the second and subsequent offenses not less than One Hundred ($100.00) Dollars nor more than Five Hundred ($500.00) Dollars. Acts 1951, 52nd. Leg., p. 616, eh. 364. Art. 438d. Printing, circulating or selling simulation of legal process.
Section 1. Any person, firm or corporation who shall print for the purpose of sale or distribution, or who shall circulate, publish or offer for sale any letter, paper, document, notice of intent to bring suit, or other notice or demand, which simulates a form of court or legal process, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than Ten ($10.00) Dollars or more than One Hundred ($100.00) Dollars for the first offense, and not less than One Hundred ($100.00) Dollars or more than Five Hundred ($500.00) Dollars for the second or any subsequent offense.
Section 2. It shall be no defense that the paper or other instrument referred to in Section 1 shall declare that it is not a court or legal process.
Section 3. Nothing in this Act shall prevent the printing, publication, sale, or distribution of genuine legal forms for the use of attorneys, clerks of courts, or justices of the peace. Acts 1951, 52nd Leg., p. 670, eh. 387.
GEORGIA STATE SENATE
TO: HIS EXCELLENCY, CARL E. SANDERS, GOVERNOR, HONORABLE PETER ZACK GEER, LIEUTENANT GOVERNOR, HONORABLE GEORGE T. SMITH, SPEAKER, HOUSE OF REPRESENTATIVES, MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES ALL OTHER INTERESTED PARTIES.
REPORT OF THE INTERIM COMMITTEE FOR MENTAL RETARDATION (S. R. No. 163, 1962 Session of the General Assembly)
THE COMMITTEE
Honorable J. Floyd Harrington Senator, 20th District Chairman
Honorable W. C. Long Senator, 3rd District Vice-Chairman
Honorable E. Mullins Whisnant Senator, 25th District Secretary
Honorable Gaston V. Green Senator, 44th District
Honorable Harry C. Jackson Senator, 24th District
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2207
The Interim Committee for Mental Retardation was created by Senate Res olution No. 163 for the purpose of making a study of the problem faced in Geor gia in the field of mental retardation and to make a comparative analysis of what other states were doing to correct the problem that confronts our State.
The following Senators were appointed by the President of the Senate:
Honorable Gaston V. Green Senator, 44th District Honorable J. Floyd Harrington Senator, 20th District Honorable Harry C. Jackson Senator, 24th District Honorable W. C. Long Senator, 3rd District Honorable E. Mullins Whisnant Senator, 25th District
The Committee was duly organized with Senator J. Floyd Harrington as Chairman, Senator W. C. Long, Vice-Chairman and Senator Mullins Whisnant, Secretary.
For many years The Gracewood State School and Hospital has had more applications for admission than they have space and facilities. The result being that at present there is a waiting list of over 1200 mentally retarded children seeking admission to this State Institution. There are also over 100 children at the Milledgeville State Hospital that should be transferred to Gracewood. In addition to the above retarded children which have been brought to the atten tion of our institution, there are countless others in our State who desperately need attention.
The Committee began its work by holding meetings with the following State officials:
Dr. John H. Venable, Director, Department of Public Health
Dr. Norman B. Pursley, Superintendent of The Gracewood State School and Hospital
Dr. Mamie Jo Jones, Co-ordinator, Services for Exceptional Children
Georgia Association for Mental Retardation
Georgia Council on Mental Retardation
After discussions with the above mentioned individuals and organizations, the Committee determined that the greatest need is an additional facility similar to Gracewood located in another area of the State. However, realizing the financial position of the State, we concluded that this would be a long range program requiring from three to four years to complete.
With the sincere desire to offer a program that could be started earlier and at the same time not interfere with any plan to construct a new State facility, the Committee began to consider other programs that the State could participate in.
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After careful consideration of this problem, the Committee decided to study the possibility of State supported Day Care Centers. This type of treatment is not new in the State of Georgia. At the present time there are a number of Day Care Centers within the State which are doing an excellent job. However, the ones that are in operation are totally financed by parent groups and other local community agencies. It is the feeling of this Committee that the present Day Care Centers located in the State are rendering a real service to our retarded children although severally handicapped by the lack of adequate financing and professional guidance and support. They are indirectly rendering a service to the State of Georgia in that they are keeping retarded children from being institutionalized since most of these children are the type children that the families find necessary to institutionalize. The Committee feels that if the State furnished financial and professional aid to these Day Centers that the program would be expanded to aid an even greater number of retarded children and would thus alleviate the long waiting list at the Gracewood Institution.
Again conferring with proper State officials it was decided by the Commit tee that we visit the states of Connecticut, Pennsylvania and Delaware to study their program of State supported Day Care Centers, since they are recognized as the leaders in this field.
The Committee visited several Day Care Centers in each of the above states and found them to be doing an exceptional job with the children enrolled in these Centers. The officials of the states visited were every enthusiastic about their Day Care Center Programs and stated although most of these State programs were relatively new, they felt that a service was being rendered at a financial saving as it relates to total institutional type care.
They pointed out the following advantages of Day Care Centers as related to total institutional care:
(1.) Mentally retarded children are receiving better care, treatment and training in Day Care Centers due to more individualized attention.
(2.) Day Care Center Programs reduce the number of mentally retarded children making application for total institutional care.
(3.) Cost of operation of Day Care Centers is considerably less per pa tient than total institutional care.
(4.) Day Care Center Programs enable the parents to keep the family unit intact.
The Committee found that the State of Connecticut has a Day Care Pro gram where the State furnishes up to 50 per cent of the cost of operating Day Care Centers. Under this Program the State contracts with any local non-profit organization operating the Center and sets up standards which must be met before the organization is entitled to financial aid from the State. In addition to financial assistance, the State also provides professional guidance and direc tion to such centers.
The Committee was very favorably impressed with the cooperation between the State and the local community agencies found in the State of Connecticut.
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The State of Delaware assumes the total cost of its Day Care Center Pro gram and it is the Committee's understanding that this is the only state which assumes the entire cost of the program. The State officials in charge of the Delaware Program stated to this Committee that the cost of their Day Care Program was approximately one-half of the cost of total institutional care.
The Committee visited in the State of Pennsylvania the Wood School which is a Private Residence Institution for care, treatment and training of mentally retarded children and adults. This institution is recognized as one of the lead ing private institutions of this kind in the United States. The majority of the training and treatment methods employed at this institution, where the annual per capita cost is approximately $6,000 per year, are similar to the type treat ment, training and care we observed at Day Care Centers.
After discussing our findings with the officials of the various State De partments who are charged with the responsibility of rendering service to the mentally retarded children and adults in our State, this Committee makes the following recommendations :
(1.) That enabling legislation be enacted during the 1963 Session of the General Assembly authorizing the Georgia State Department of Public Health to contract with any local non-profit organizations operating and maintaining a Day Care Center for the purposes of furnishing financial aid not to exceed 50 per cent of the cost of operation, professional guidance and direction and promulgating rules and regulations governing such Day Care Center.
(2.) To include in the General Appropriations Act for the fiscal year 1963-64, an appropriation in the amount of $50,000 to the Georgia Department of Public Health to be used jointly by said Department and the State Depart ment of Education for the purpose of conducting a survey and training program for personnel for Day Care Centers.
(3.) To include in the General Appropriations Act for the fiscal year 1964-65, an appropriation in the amount of not less than $400,000 to initiate this program.
(4.) Initiate plans to construct an additional institution similar to Gracewood.
(5.) That a Committee be created by the 1963 General Assembly to con tinue the study and investigation relative to locating a site for such additional institution and to continue the efforts and recommendations set forth in this report.
The Committee is indebted to the following persons and organizations for their assistance:
Dr. John H. Venable, Director, Department of Public Health
Dr. Norman B. Pursley, Superintendent of The Gracewood State School and Hospital
Dr. Mamie Jo Jones, Co-ordinator, Services for Exceptional Children
Georgia Association for Mental Retardation
Georgia Council on Mental Retardation
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The Committee would especially like to commend Dr. Norman B. Pursley, Superintendent of The Gracewood State School and Hospital, for the outstand ing job that he is performing as Superintendent of this School and for his un tiring efforts in behalf of the mentally retarded in this State. The Committee is deeply grateful to Dr. Pursley for the professional guidance given to this Committee and for his time and effort spent in meeting and traveling with this Committee.
Respectfully submitted,
/S/ Gaston V. Green Senator, 44th District
/S/ J. Floyd Harrington, Chairman
Senator, 20th District
/S/ Harry C. Jackson Senator, 24th District
/S/ W. C. Long, Vice-Chairman Senator, 3rd District
/S/ E. Mullins Whisnant, Secretary
Senator, 25th District
COMMITTEE REPORT CREATED BY HOUSE RULE NO. 436 TO ASSIST IN LOCATING NEW STATE INSTITUTION FOR MENTALLY RETARDED
The Committee met in Augusta on Sunday afternoon, July 15, 1962, in preparation for leaving on Monday on a trip which had been arranged by Dr. Norman B. Pursley, Superintendent, Gracewood State School and Hospital.
Committee members were Talmage B. Echols, Representative, Upson County Corbin C. Roberts, Representative, Jones County, Emory L. Rowland, Repre sentative, Johnson County, and Arthur K. Bolton, Representative, Spalding Coun ty, Chairman of the Committee.
On Monday morning we met at Gracewood for a briefing session by Dr. Pursley and members of his staff. At the request of the Committee, Dr. James Clements and Mr. John N. McFarland, psychologist, both of the Gracewood staff, along with Dr. Pursley accompanied the Committee on its tour of institu tions similar to Gracewood.
On Monday we visited Whitton Village, Clinton, South Carolina, and were most graciously received by Dr. B. O. Whitton, Superintendent of the institu tion. After a detailed discussion of the problems confronting he and members of his staff, Dr. Whitton, showed the Committee members and members of the staff of Gracewood around the grounds of Whitton Village and permitted us to view several cottages.
Following our visit to Whitton Village, we went to Murdock State School,
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Butner, North Carolina, and although Dr. Jim Elliott, Superintendent, was not present, Dr. Larry Kroner, arranged for us to visit the institution and was most cordial to the Committee members and members of the staff of Gracewood. We had extensive discussions with Dr. Kroner and members of the staff and were shown throughout many of the buildings at the School and were also shown some buildings which were in the process of being completed.
The last institution visited was the Green Valley State School and Hospital, Greenville, Tennessee, where Dr. John Wilson, Superintendent conducted us on a tour of this institution.
In order to keep the Committee report as brief as possible, we are not go ing into detail as to the various observations which we observed at the Institu tions visited, but will use the composite of our observations in this Committee report in order to present the views of this Committee as to the need, location and type of structure similar to Gracewood which should be undertaken by the State of Georgia.
Therefore, based on our observations, and the observations which we made at previous visits to our own State facility, Gracewood State School and Hos pital, this Committee makes the following recommendations to the next session, 1963, of the Georgia General Assembly:
1. We believe that it is imperative that immediate steps be taken in the 1963 session of the General Assembly for the construction of a facility similar to Gracewood, with emphasis on outpatient treatment and training of physicians, public health personnel and parents of the retarded patients to the end that these patients will be better understood and therefore receive better care and treatment at home. This, not only would mean better treatment and care of the retarded patient, but lessen the load on state institutions. Provisions therefore should be made in the next General Appropriations Act. This recommendation is based on the following:
(a) There are now approximately 1100 people on the waiting list at Gracewood, and the obvious fact exists that this waiting list will become larger from day to day, week to week, month to month and year to year.
(b) To permit the Gracewood facility to become larger, would result in an administrative monstrosity, loss of the personal relationship between the staff and the personnel at the lower echelon, exhaust the availability of qualified per sonnel in the Augusta area and be contrary to all lessons which have been learned by other states of similar population and similar problems.
(c) Gracewood State School and Hospital is already extremely overcrowded at the present time and because of this fact it is impossible to separate entirely the complete hospital patient, patients of low-grade and medium-grade intel ligence, and patients who are considered trainable into as small a group as is considered necessary for most effective training and care. We further recom mend that the new Gracewood facility be located within a maximum of a twenty to thirty minute drive of Atlanta, Georgia, for the following reasons:
(1) This represents one of the most densely populated areas of our State and would permit parents and relatives to visit patients more often and to take them home for visits. In many cases this family relationship is the best possible therapy.
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(2) This is the only other medical center having a medical college in the State of Georgia at the present time and this is not only desirable but abso lutely essential if the institution is to carry all types of mentally retarded paients.
(3) Because of the heavy center of population and the medical facilities available, doctors, psychiatrists, psychologists, nurses and other specialized per sonnel would be more readily available to be used by the institution.
(4) Service personnel generally would be more readily available in this vicinity and facilities and conditions for training them to work in an institution such as Gracewood would be easier.
(5) Being contiguous to a Metropolitan center will also promote enter tainment, care and loving attention by many interested individuals and organized groups such as civic clubs, church groups and others interested in care and treat ment of retarded patients.
(6) It is essential that adequate utilities be available for an institution of this type especially a copious supply of water and adequate sewerage disposal, as it is hard for the average person to imagine the requirements for water and sewerage disposal at an institution of this type.
This Committee believes, after observation of the various institutions which we visited, that a site of 100 to 200 acres would be entirely adequate for the needed Facility, and this will take care of the needs of this institution for many years to come. We further believe that it is essential, in order to avoid mistakes which have been made heretofore by many of our sister states, that the key personnel for the proposed institution be employed immediately after the site is secured in order that they and the present capable Superintendent and key personnel of Gracewood may take part in the initial planning of the institution which they are to administer.
It is the opinion of this Committee that the responsibility upon the con science of the people of Georgia for the care of the mentally retarded will become greater, and that only through an enlightened and ambitious program can the State resolve this problem to the extent that it is capable of solution. It has been affirmatively demonstrated that an intelligent approach to the problem enables a hospital and school such as Gracewood to return a significant number of the patients to society where they can perform and function as individuals within the sphere of their limitations, and that other patients, although they would never be capable of handling themselves alone, through instructions and guidance to the parents, can be kept out of institutions such as Gracewood.
This Committee notes in passing, that, apparently, it is just as essential to educate members of the medical profession to the fact that many patients can be cared for adequately at home by their parents, with proper assistance and guidance, as it is to educate the general public.
Based on our study and findings, we recommend that there be included in the 1963 appropriation Bill of the General Assembly an appropriation of not less than $250,000.00 for the following purposes:
(a) Acquiring site and acquisition cost.
(b) Preliminary engineering and architect fees.
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(c) Staff and consultant personnel for planning institution.
(d) Other expense relating to acquisition and planning for institution.
With the prospect of securing the facility herein mentioned, some of the Communities within the designated area may be willing to offer a suitable site for this institution. We further recommend that the appropriation for the fiscal year July 1, 1964, through June 30, 1965, contain an appropriation of at least $4,645,000.00 for the purpose of initiating the building program. The initial out-lay will be extremely heavy as overall utility planning and a major portion of utility construction should be accomplished in the first phase for a total planned facility of 1,000 beds. This will enable the Health Department to contract for the necessary construction over the two-year period. Under State law they cannot enter into contract for facilities unless they have money appropriated by the General Assembly. At the present time the best estimate of the total cost for a 1,000 bed institution amounts to approximately $10,000,000.00, and further appropriations should be made by subsequent General Assemblies to continue the expansion of the facilities within the above limits. We recommend that all at tempts be made to secure financial assistance from the Federal Government in this project and that additional appropriations be made available to the Depart ment of Public Health for the operation of this facility, which cannot be properly estimated at this time, in future appropriation Bills which would permit them to operate same at a level to ensure proper treatment for all patients.
This Committee is deeply indebted to Dr. John H. Venable, director Georgia Department of Public Health, Dr. Norman B. Pursley, Dr. James Clements and Mr. John N. McParland for the assistance which they have given us and for their untiring efforts in attempting to help us explore all possibilities for the building of a new facility. Were it not for the utter devotion and self-sacrifice made by the above members of the staff of Gracewood, and other members too numerous to mention in this report, we fear that the degree of care which is so evident at Gracewood, would not be present. In passing, we would also like to state that, although we visited some institutions with better physical facilities than those at Gracewood, we did not, at any institution, find the degree of clean liness, espirit de corps among the personnel, attention to small detail and patient welfare as we found at Gracewood State School and Hospital, and this Committee states unqualifiedly that the citizens of Georgia should be extremely proud of the Gracewood State School and Hospital and the fine work which is being done at this institution on a most limited and inadequate budget.
Respectfully submitted,
Arthur K. Bolton, Representative Spalding County, Chairman Corbin C. Roberts, Representative Jones County, Secretary Talmage B. Echols, Representative Upson County Emory L. Rowland, Representative Johnson County
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REPORT OF THE MUNICIPAL STUDY COMMITTEE
Pursuant to Resolution No. 265 (HR 459-922) of the 1962 Session of the General Assembly, a copy of which is attached as Exhibit A, your Municipal Study Committee was appointed and organized. The President appointed the fol lowing members from the Senate: Senator Charlie Brown, 34th District, Senator Hugh McWhorter, 43rd District. The Speaker appointed the following members from the House: Representative Hines L. Brantley, Candler County, Represent ative Mac Pickard, Muscogee County; Representative Fred Walker, Lowndes County, Representative Mac Pickard was elected Chairman, and Representative Fred Walker was elected Secretary at the organizational meeting held on October 26, 1962.
Scope of Committee Activities
Under Resolution No. 265, the Municipal Study Committee was given a very broad area of investigation into the field of municipal government. At the or ganizational meeting the committee was extended an invitation by Mr. Elmer George, Executive Director of the Georgia Municipal Association, to meet with the Board of Directors of that Association in order to get an insight into some of the collective problems and programs of municipalities. The Committee met with the Municipal Association Board of Directors on November 14, 1962, and after hearing a discussion of the more extreme problems facing municipalities as expressed by this group which represents a majority of the municipalities of the State, the Committee concluded that a public hearing was indicated in order that they might have the benefit of the testimony of all interested parties.
It was obvious from the testimony presented at the public hearing and from the comments of the Municipal Association Board of Directors that time would require the Committee to confine its investigation and recommendations to the more critical areas of need in municipal government. Therefore, the Committee's attention was directed to the following specific questions which were considered to be the most urgent:
(1) The sharing of State-collected taxes with municipalities;
(2) The adjustment of municipal boundaries;
(3) The original incorporation of municipalities; and
'(4) The relationship of municipalities to certain State agencies.
FINDINGS
General
From the investigations of the Committee and from testimony received from persons in all levels of municipal government, several very general observations could be made. First, for the first time in the history of our State the 1960 census revealed that a majority (54.1%) of the citizens of our State now live inside the boundaries of the incorporated municipalities, and, in addition, a great per centage of the remaining population is located in densely populated areas adjacent
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or contiguous to municipalities and are depending upon, or at least utilizing, the services and facilities of such municipalities. These facts justify a general find ing that more detailed attention must be given to municipal problems by the General Assembly in order that the needs of a majority of our citizens can be adequately met in an economical and efficient manner at the local level. It is also concluded that if the tax dollar is to be applied most productively, the shift in population and the consequent shifting of responsibility for governmental services to the municipal governments of cur State must be considered in the allocation of tax sources and State-collected tax funds. Further, it is obvious that many of the functions of the municipal government which in the past have been ac complished under authority of special legislation shotild be studied in the light of present conditions, and that legislation establishing general standards and principles applicable to all municipalities having similar situations and problems should be developed.
The following specific findings are made by the Committee regarding the problems considered in detail:
(1) Financial: The Committee finds that under the present tax sources to which municipalities are relegated that certain State-collected taxes should be rebated to municipalities to aid in meeting the demands of those citizens with in incorporated municipalities and those living adjacent thereto who utilize the municipal facilities. More particularly, municipalities should continue to receive grants for traffic control and street work in accordance with the Act of 1962 providing therefor. Though the Committee feels that the amount of one million dollars ($1,000,000) made available for this purpose in 1962 does not provide adequate assistance in this area, no specific recommendations for a greater amount will be made as it is felt that this can better be determined by the respective committees on appropriations.
(2) Municipal Boundary Adjustment: The Committee finds that general legislation establishing legislative standards and additional procedures for an nexing adjacent areas to municipalities under certain conditions is urgently needed. At the present time, annexation is accomplished by special act of the Gen eral Assembly, without any guidelines or standards by which to measure any specific proposal, either from the standpoint of what is in the best interest of the municipality or what is in the best interest of the people in the unin corporated area, or from the standpoint of what is in the best interest of the State as a whole in the administration of local governmental services. The result is that annexation of territory to municipalities has been strictly a political question with the local legislative delegation usually caught between two factions. Under the present system, planning for the expansion of local governmental services to municipal growth areas is, in most cases, impossible and costly com peting services result in many cases. On the other hand, in some cases it is possible for municipalities to annex territory which is not urban in character, and without guaranteeing basic municipal services to the citizens in the annexed area. Presently, the only general law applicable to municipal boundary adjust ment is one enacted in 1962 authorizing annexation of territory upon the written application of all of the property owners in the affected area. The Committee finds that the lack of any general standard or procedure for the adjustment of municipal boundaries is contrary to the best interest of the State as a whole in promoting the orderly growth and progress of the State in a time of transi tion of a majority of cur population from rural to urban. Legislation in this regard should be designed to provide for the orderly expansion of municipal boundaries to include adjacent areas which ure urban in character and which
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are economically, geographically and socially a part of the municipality, but only with adequate guarantees that municipal services will be furnished to the new area in the same manner as they are being furnished in the rest of the municipality, and with adequate provision for judicial review to protect the rights of affected citizens. Such legislation should be cumulative and should not affect the present methods of annexing territory by special act or upon the application of all property owners affected.
(3) Original Municipal Incorporation: Presently original municipal char ters are granted by the General Assembly by special act without any guiding standards or requirements as to population or character of the areas to be incorporated. Consequently, there are dozens of inactive municipalities who still have charters, many municipalities who arc directly adjacent to one another, and municipalities whose boundaries include more agricultural or vacant land than developed land. This situation makes it extremely difficult to enact general legislation application to all municipalities or to adequately define municipal functions and responsibilities. Georgia is one of a very few States which does not have at least some minimum required standards for original incorporation, and the Committee finds that at least such minimum standards as would insure that basic municipal government and services are in fact required or needed, is urgent if all municipalities are to be granted the authority and freedom of action to adequately accomplish the basic municipal functions for our State.
(4) The Relationship of Municipalities to Certain State Agencies: The Committee feels that the relationship of municipalities to other governmental units and agencies of the State should be continuously studied. One specific finding of the Committee is that the Highway Board should be allowed to ne gotiate contracts directly with municipalities who are equipped to perform high way work within their limits. Such authority would be permissive only, with discretion remaining in the Highway Board as is now the case in contracts negotiated with county governments.
RECOMMENDATIONS
The Committee recommends:
(1) That additional financial aid to municipalities from State-collected taxes for traffic control and street work be given serious consideration by the respective appropriation committees of the House and Senate.
(2) That municipal boundary adjustment Bills, substantially as proposed in Exhibits "B" and "C", establishing standards and procedures for adjusting municipal boundaries be enacted at the 1963 Session of the General Assembly.
(3) That a Bill, substantially as proposed by Exhibit "D", requiring minimum standards for original incorporations of municipalities be enacted at the 1963 Session of the General Assembly.
(4) That Code 95-1630 be amended to authorize the Highway Board to negotiate contracts directly with incorporated municipalities.
(5) That the joint Municipal Study Committee be continued to further
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study the problems of municipalities and to report further to the General As sembly at the 1963 Session.
Respectfully submitted, MUNICIPAL STUDY COMMITTEE Mac Pickard, Chairman Fred Walker, Secretary Hines L. Brantley Charlie Brown Hugh McWhorter
COMMITTEE REPORT ON NATURAL AREAS (SR161)
BACKGROUND
In March 1961, Honorable Dan Hart, Chairman of the Senate Committee on Agriculture and Natural Resources received a letter written by Dr. Charles H. Wharton, Professor of Biology at Georgia State College and Georgia Rep resentative of the Nature Conservancy. Dr. Wharton had recently met with a select group of scientists, educators and youth directors, and the letter to Senator Hart was the outcome of their discussions.
The letter expressed deep concern about what is happening to that which remains of Georgia's great natural heritage. Specifically it asked help to find a means "to list, select, acquire, preserve and manage areas in the state deemed of outstanding aesthetic, topographical, geological or biological value; or im portant for education in the school systems of the state; or necessary for scien tific research; or for the preservation of rare or valuable plant and animal species, and to foster and aid in the preservation of natural conditions elsewhere than in natural areas so established."
Chairman Hart showed the letter to a member of the committee, Senator Zell Miller, and Senator Miller voluntarily agreed to meet with Dr. Wharton to discuss what could be done. On several occasions during the summer and fall of 1961 Senator Miller, unofficially and voluntarily, discussed this problem with Dr. Wharton and other interested educators by letter and in person.
During the session of 1962 Senator Miller, along with Senators Gaston V. Green, Oscar E. Raynor, and J. L. White introduced a Resolution creating an interim committee to make a thorough study of this problem and to formulate concrete recommendations to the 1963 General Assembly.
The committee met in June 1962 at the State Capitol and decided upon a course of action.
First, we decided that we should hear from those professionally qualified to identify the specific natural areas in Georgia of importance and that we should visit some of these areas.
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Secondly, we gathered together, read and studied relevant documents such as articles, books, periodicals and publications as background information to help us see the problems.
Third, we decided to visit the state of Wisconsin since it was the pioneer state in this field of legislation, and to send only one committee member to another state (Arizona) that was contemplating such legislation.
Finally, we have prepared this report for the Governor and the 1963-64 General Assembly.
WHAT THE COMMITTEE FOUND
We found, first of all, that we would have to define a natural area since practically every legislator and layman did not have the faintest idea about what we were talking when we mentioned what we were working on. With the help of some of the professionals we formulated the following definition: "A natural area is a tract of land in its natural state set aside and permanently protected or managed for the purpose of preservation of native plant or animal com munities or rare or valuable individual members of such communities."
We found, much to our disappointment, that there was very little interest in what the committee was attempting to do outside those professionally inter ested in the natural sciences. However, among this group we found tremendous interest.
We found, that educationally we must depend on protected natural areas for teaching Georgia youth in the principles of botany, geology, soil science, zoology, ecology, agriculture, forestry and conservation. The preservation of such un disturbed areas is an essential service to the secondary, college, and post graduate students of the state. Natural areas with their natural assemblage of plants and animals are necessary for scientific research conducted by individuals or units of the University system, private colleges of Georgia, State and Federal health services, State and Federal Agriculture, forestry and soil services, and the fish and wildlife services as well as independent researchers.
We found that the present public parks and forests are not only inadequate for the vast influx of people that is contemplated within twenty-five years, but offer through "developed" recreation an entirely different sort of experience than is assured by wilderness. Present parks and forests often exclude rare landscapes, unusual rock outcrops, biological study areas, unique flora and fauna of retricted range, or certain spots of unsurpassed beauty deserving perpetual preservation.
We found that the continuing growth of the population of Georgia will compel people in increasing numbers to turn from the congestion of cities and towns for brief refreshment and that medical authorities recognize that recreation with its accompanying mental physical relaxation is absolutely essential to main tain a healthy, productive population. Natural areas are the antithesis of an artificial, mechanized life and as such afford maximum contrast value; they are an indispensable adjunct to any program of physical fitness.
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We found that because of the location of Georgia's mountains; its wealth of biogeographic diversity; its location astride the route to the wintering grounds of Florida, and the rapid growth of metropolitan Atlanta, pressure on Georgia's resources is and will be unusually severe. Recreation pressure will be especially intense since Georgia possesses the mountain chain nearest the Gulf and South Atlantic coasts.
We found that neither private enterprise nor the private landowner can be expected to provide and maintain properly those wilderness areas which are required by these fundamental needs for natural outdoors space. Hence, to pro vide and maintain such areas is a primary responsibility of Government.
We found that several other states already have such natural area preserve systems. Wisconsin is the outstanding example. In 1951 a Wisconsin Board for Scientific Areas was established by the legislature. Through its efforts 34 tracts in Wisconsin have been designated Scientific areas. Michigan has a natural areas program which operates through cooperative efforts of the state agencies and the Michigan Natural Areas Council. This effort has been underway since 1951. Virginia officially established a Natural Areas System in 1960. Several other states have recently enacted or are considering legislation in this field.
We found that a national program for the preservation of natural areas is being carried on by the Nature Conservancy, a voluntary organization supported by contributions. It has acquired and set aside 35 areas in 14 states and aided in many additional projects. Much has been and will be accomplished by this organization but it lacks the official status to lead a comprehensive state program of designating and protecting natural areas. It might be noted that similar pro grams have been undertaken in other countries. The British Nature Conserv ancy, for instance, was established in 1949 and has since developed a system of nature preserves in England and Scotland.
We found that Georgia is blessed with an outstanding variety of habitats and environments, each different from the other, but that Georgia is in the eleventh hour in her efforts to conserve bits and pieces of natural Georgia.
We found that there would be no financial assistance available from the state for such a program. However, the Wisconsin System, which is recognized as the best in the country, operates without appropriations!
We found that there are already several natural areas set up in Georgia. Due to the work of public spirited citizens and a cooperative Forest Service, these spots of beauty have been saved. A typical one is a 1240 acre tract in Union County carved from one of the last, small watersheds of near-virgin timber in our (Blue Ridge Mountains. Since it is within the confines of the Chattahoochee National Forest it was officially designated by the Regional Director of the United States Forest Service as the Cooper Creek Scenic Area.
Along Cooper Creek and extending a short distance up its tributaries are stands of hemlock and white pine, many from three to four feet in diameter. Professor Robert Platt, a noted plant ecologist of Emory University, states that this area represents "the southern most virgin stand of hemlock and white pine of adequate proportions in this part of the mountains and is therefore of special academic interest because of being at its southern geographical limits." The others include Sosebee Cove, High Shoals, Coleman River and Keown Falls.
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We found, after an investigation suggested by Dr. Wharton, that there are many instances of not-well-thought approaches to the "development" of Georgia's precious scenery. Huge, unnecessarily deep cuts meet the eye in many places where the object of the road is supposed to be for scenery. The Soapstone Creek Road in Towns County towards Bald Mountain is a shocking ex ample of utter disregard for a beautiful drive. Trees, streams and picnic areas are devastated. Other such examples include the Germany and Seed Lake Roads in Rabun County. These show little regard for minimizing cuts and fills. The road up either side of Amicalola Falls could also have been more thoughtfully constructed. This is what Dr. Wharton and his group had in mind when they suggested that the Board should have the responsibility "to foster and aid in the preservation of natural conditions elsewhere than in natural areas so es tablished."
WHAT THE COMMITTEE RECOMMENDS
The committee recommends the creation of a State Board of Natural Areas which would be responsible for setting up a state-wide system of natural areas necessary for scientific research, the teaching of conservation, and for the preservation of rare or valuable plant and animal species for future genera tions.
The State Board should have members representing the Game and Fish Commission, the Forestry Commission, the Department of State Parks, the Geor gia State Museum, the University of Georgia, the other state colleges, and the private colleges of the state.
The Board would function as an advisory body, with no land procurement or management authority of its own. It would maintain a list of existing natural areas, keep a file of areas in need of protection, prepare management recom mendations for existing areas, and offer such aid and counsel as possible to other organizations interested in the preservation of worthy areas.
In the formulation of policies whereby the above aims may be achieved, it is necessary to define accurately the scope of a natural area. All persons to whom the committee talked agreed that the area is "wild" land as opposed to agricul tural or urban land actively modified or utilized by man, but the agreement extended no further.
The definition, which we recommend and which could be changed at the discretion of the Board is: "A natural area is a tract of land in its natural state, set aside and permanently protected or managed for the purpose of preservation of native plant and animal communities or of rare or valuable individual mem bers of such communities."
In the above definition "natural state" is taken to mean a condition similar to that prevailing on the area before the coming of the white man, and is es sentially the opposite of "artificial." "Managed" is taken to mean the employ ment of such practices as burning or other control measures which will maintain the area in its natural state. "Communities" are taken to be the complete com pliment of plants, animals, soils, waters and underlying geological features which exist together in organized systems in nature.
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The natural areas are to be used by scientists as outdoor laboratories in furthering our understanding of the complexities of the natural biological com munity, and by educators as field demonstrations or reference areas for the training of future teachers, scientists and conservation administrators. In some cases the scientific areas are to be devoted solely to the preservation of rare species, for such use as future scientific needs may dictate. The areas frequently may be suitable for multiple use purposes, without endangering their scientific dedication. In some few instances, especially in areas devoted to preservation only, no other use may be compatible, and they must receive complete protection from all disturbance. The size of a scientific area may vary within wide limits. For some, one or two acres would be minimum, while forests should have a ten acre minimum with an equal acreage surrounding it for a buffer zone. There is no definite maximum size, although blocks larger than 600 acres appears un necessary.
The criteria for judging suitability of proposed areas is as follows (a) Is it of suitable size (b) Is its permanence assured (c) Will it be adequately supervised (d) Does it duplicate other areas (e) Who will use the area ie. Is there any evidence that it will be used at all, or is it near to a college or research center (f) Is it a truly representative natural community (g) Is is accessible.
It is difficult to determine in advance the best operating procedure for a new organization. The following outline offers methods of approach which may be used in fulfilling the legal duties of the Board, but it is to be expected that these will be changed or greatly modified in the light of actual experience.
One of the main functions of the Board is the preparation of a list of the scientific areas currently available for research and teaching. Such a list should appear biennially. The list should include a variety of information about each scientific area, including its exact location, size, means of access, brief statement of nature of community, communities or species which are its main feature, ownership, and list of available maps, published reports and other pertinent information. To facilitate the preparation and regular revision of such a list, there should be maintained in the office of the Secretary of the Board a com plete file on each scientific area in the system. This file would contain all of the above information in full detail, plus actual copies of maps, research reports, correspondence and other papers pertaining to the area. An annual report of all activities on each area should be submitted to the Board on January 1 by the executive agency in charge.
The initial lists can probably be published by existing journals. When the size of the list warrants it, a separate publication would be desirable. Copies of the current lists should be sent to such national, state or local agencies as are known to be interested in the program. In addition, copies should be sent to all institutions of higher learning in the State and such other agencies as are known to be conducting research of the type that would benefit from the areas.
A second major function of the Board deals with problems of acquisition or dedication of new areas not now recognized as scientific areas. These include a determination of the acceptance or rejection of areas to be recommended for dedication or purchase by appropriate agencies. All such problems will call for an investigation of the areas in question and will necessitate the gathering of
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information as to the current ownership, legal status of the land title, nature of the existing biological community, relation to existing areas with respect to duplication, potential users of thp area, possibility of continuation of current protective agent, possible chance of destruction in near future and similar data. Such information should be kept in a file similar to that for existing areas in the office of the Secretary of the Board. It may be gathered by the Board, by appropriate members thereof, or their designated agents. This information would be used as a basis for decisions as to whether or not a proposed area would be approved as part of the natural area system. Each approved area must meet certain standards of quality, permanency and supervision. It is suggested that areas must be permanently dedicated for scientific area purposes, and it should also be demonstrated that some qualified agency will assume responsibility for local supervision and management in accordance with such policies as may be formulated by the Board.
The third function of the Board has to do with the management of existing areas. Many types of biological community are transitory in nature and will disappear if given complete protection from all forms of natural disturbance. Many grassland areas, for example, will need to be mowed or burned occasionally to keep down the growth of trees, while certain forest types will need periodic fires to maintain them in suitable condition. Certain scientific areas will be devoted to the preservation of rare plant species and many of these will be un suitable for the preservation of animal communities. They, therefore, may be used for hunting and fishing with no detriment to their main function. Other types of multiple use are also possible. It is the duty of the Board to prepare specific recommendations as to the development, utilization and maintenance of each scientific area in the system. Here, again, a file should be maintained in the office of the Secretary of the Board.
Allied to the matter of management are the questions of who may use the scientific areas and for what purposes. Research of a type that would be de structive of the area must be prohibited. Conflicts between various investigators must be kept at a minimum if maximum benefits are to be obtained. The simplest way of achieving full utilization with least friction is a system whereby each investigator informs the Board of the nature of his proposed study, the exact area upon which it is to be conducted, and the type of permanent markings he intends to use. This is most important in the case of those who desire to leave permanently staked study plots for future work. The Board can inform the applicant in case of any conflict with prior work, or, if there is no conflict, give permission to proceed according to his outline. A copy of published research papers or other forms of research report should be submitted to the Board upon completion of the study. The above recommendations can be enforced only upon state-owned land, but it is hoped that areas of other ownership may also con form.
With regard to administrative procedure, the Board will meet at the call of the Chairman, at least once a year, or more frequently if circumstances so dictate. Meetings may also be called at the request of any two members. Four members of the Board shall constitute a quorum. The Secretary of the Board will provide stenographic and clerical services as may be necessary to conduct the work of the Board. Sub-committees to prepare reports, secure publicity or to perform other necessary services may be appointed from time to time by the Chairman.
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The committee's final recommendation is to list a few examples of possible natural areas. ,We realize that the Board will be a group of experts in this field; however, in our studies and field trips this summer we have found the following to be of importance.
(a) At least one segment of a coastal plain island should be preserved in its natural state. These remnants of our former coastline cut off from the mainland by a rising sea level are of a geologic type found only on the coasts of Georgia and South Carolina. They bear characteristic dunes and dune vegetation and often magnificent stands of pine and live oak climax forest. Cumberland Island is the finest representative with miles of virgin beach. It has been proposed as a National Seashore Park. Talks with the Carnegie heirs who own the island were still in progress at last inquiry. A National Seashore Park would be a excellent means of effective preservation of a coastal island and every effort should be made to assist this effort of the National Government.
(b) We also need to preserve a section of a coastal plain river swamp with its bald cypress, tupelo, and many other characteristic plants. This would include the sand hills, wire grass, and gopher tortoise community adjacent to the river. A fine example of such an area is to be seen as you cross the Altamaha River between Jesup and Ludowici where the swamp is nearly five miles wide.
(c) An original example of coastal plain pine flatwoods may be difficult to find but this is also needed. John Whitney's Greenwood Plantation near Thomasville has almost 100 acres of old growth long leaf pine. There are also approx imately 2500 acres of old age (100 years) loblolly pine in the Thomasville area. The Tall Timbers Reserve, Inc. is presently being managed as a natural area, but its future, however, may be less certain. It would be the task of the Board to help these organizations achieve permanent protection.
(d) The characteristic mature ground covering of the upland Piedmont is the Piedmont Deciduous forest and there is no large example of this known in the state. Pernwood Forest on Clifton Road in Atlanta is a good, small example but this spot is rapidly yielding to encroachments.
(e) Another important area would be an example of the Piedmont Swamp Forest where you have sweet gums, water oaks, river birch, etc. The best example the committee knows is along Murder Creek in the Oconee National Forest. Many private individuals have urged the Forest Service to establish a scenic area in this region similar to the Cooper's Creek Area in Union County. However, more and more of this splendid river bottom is being let for logging.
(f) Lastly, an example of a granite shield outcrop by all means should be preserved. The most outstanding example in Georgia is Mt. Arabia (Bradley Mountain) south of Lithonia. Dr. Robert Platt of Emory University can best attest to its usefulness to scientists and students. It is characterized by round granite domes, weathered by exfoliation.
(g) A large artesian well should be preserved in some section. It is wise to consider in this regard the plight of Florida where not one large spring exists in its natural form: all have been developed and modified.
WHAT THE BILL WOULD ACCOMPLISH
The passage of this legislation, creating a State Board for the Preservation of Natural Areas, would provide a means of preserving for future generations
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examples of the natural Georgia landscape. Some of these natural areas would be tracts within existing parks, forest preserves, and other public lands; others would be required for the specific purpose of setting them aside as natural areas.
Every area of natural land that can be set aside gives tomorrow's genera tions a living museum as a link to America's past. The more our civilization crowds forward, the fewer natural areas there will be and the more precious they will become.
It is a part of our way of life to turn to peace and beauty of nature for inspiration. Also natural lands furnish the only true background against which to measure the changes civilization has wrought in our environment. As living remnants of an earlier day, they provide unsurpassed educational opportunities for broadening the outlook of children of the future.
They are living storehouses of scientific treasure of inestimable value for basic scientific research in many fields and they are reservoirs of living things that may in the future yield raw materials for medicine and industry.
They will be the last sanctuaries for many plants and animals facing extinction.
*******
In January of 1960, The Readers Digest published an article entitled "Save a Soot of Beauty for America." It was written by William Hard and it pointed out that Natural America is fast going. In one terse paragraph, the author suis.med up the sincere feeling of the committee:
"Our population is doubling every 50 years. Each year we have to have more residential space, more industrial space, more connecting highways. I think we must draw this conclusion: now is the time to set aside the largest possible number of areas truly fitted to be called wildernesses. They will constitute but a tiny percentage of the total area of the country; let us save them now from future invasion."
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OP THE HOUSE OF REPRESENTATIVES AND ALL MEMBERS OF THE GEORGIA GENERAL ASSEMBLY.
REPORT OF THE COMMITTEE CREATED TO STUDY OIL, MINERAL AND GAS LEASES AND OTHER INSTRUMENTS
(HR 682 --1962 Session)
THE COMMITTEE
Honorable John Lee Phillips Representative, Walton County Chairman
Honorable George W. Potts Representative, Coweta County
Honorable J. Robert Smith Representative, Brantley County Secretary
Honorable J. O. Brackin Representative, Seminole County
Honorable Louis T. Raulerson Representative, Echols County
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TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OP REPRESENTATIVES AND ALL MEMBERS OF THE GEORGIA GENERAL ASSEMBLY.
REPORT OF THE COMMITTEE CREATED TO STUDY OIL, MINERAL AND GAS LEASES AND OTHER INSTRUMENTS
(HR 682 -- 1962 Session)
The House Committee created to study oil, mineral and gas leases and other instruments was created by HR 682 adopted at the 1962 Session of the General Assembly of Georgia. The Committee was created for the purpose of making a study of the problems caused by oil, mineral and gas leases, mineral deeds and other instruments. The Committee was further charged with the duty of attempting to ascertain a solution to the problems created by the filing and recording of such instruments in the records of the Clerks of the several superior courts of this State. Pursuant to the terms of HR 682 as herein set forth, the Speaker of the House of Representatives appointed as members of said Committee the following:
Honorable John Lee Phillips Representative, Walton County Honorable George W. Potts Representative, Coweta County Honorable J. 0. Brackin Representative, Seminole County Honorable Louis T. Raulerson Representative, Echols County Honorable J. Robert Smith Representative, Brantley County
Honorable John Lee Phillips was designated as Chairman of said Committee by the Speaker and Honorable J. Robert Smith was elected Secretary by the members of the Committee.
The Committee met on several occasions for the purpose of carrying out the duties authorized by the Resolution herein described. Because of the interest shown and the relation of the subject matter of the Resolution herein stated, the Committee broadened its study to include the payment of a bonus now autho rized by Article VII, Section I, Paragraph II of the Constitution of the State of Georgia and the Act approved March 25, 1958 (Ga. Laws 1958, p. 265), as amended, implementing said Constitutinoal provision, for putting down and bringing in the first commercial oil well, the division of said bonus and the definition of a commercial oil well.
During the course of its study the Committee heard from Dr. A. S. Furcron of the Department of Mines, Mining and Geology of the State of Georgia. The information received from Dr. Furcron was very helpful to the Committee and provided the Committee with valuable information concerning the many mineral resources that are found in Georgia. The Committee hereby expresses its ap preciation for the assistance rendered by Dr. Furcron and the Department of Mines, Mining and Geology.
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The Committee heard from other sources relative to the mineral assets of the State and made various other studies relating to the duties of the Committee.
After serious consideration and much deliberation it is the opinion of the Committee that the 1963 General Assembly should consider a Constitutional Amendment and laws which would effectuate the following recommendations:
1. That Article VII, Section I, Paragraph II of the Constitution relating to the authorization for payment of $250,000.00 to the first person, firm or corporation or combination thereof which puts down or brings in the first oil well in this State and the Act approved March 25, 1958 (Ga. Laws 1958, p. 265), implementing said Constitutional provision be amended so as to provide that the words "commercial oil well" will be defined as a well that would produce at least ten barrels of oil per day. The determination as to whether said well was producing such amount would be vested in the Director of the State Department of Mines, Mining and Geology as is now provided by law. The Committee found that a well producing 100 barrels per day as is now provided by law is a rarity and it would be unlikely that such a well would be put down or brought in that would meet this requirement.
2. That the Constitutional provision and the portion of the Act approved March 25, 1958 (Ga. Laws 1958, p. 265), providing for the distribution of the reward as provided in said Constitutional provision be amended so as to pro vide that said reward shall be distributed as follows:
(a) $50,000.00 to the mineral and/or property owner or owners, where the well is drilled, to be divided, where there are multiple owners of the minerals, among them in the proportion of their respective interests therein; provided, however, that the owner or owners of mineral interest which does not include oil shall not share in said payment. (b) $200,000.00 to the company or indi vidual, or combination of persons, firms and corporations, who drills or causes to be drilled the said oil well, being those persons, firms or corporations who own the working interest in the well as "working interest" is known and de fined in the oil industry.
3. That a law be enacted requiring that oil, mineral and gas leases and deeds be recorded at least every ten years to be binding on third parties. The Committee during the course of its study found that there are many oil, mineral and gas leases and deeds recorded in the records of the clerks of the superior courts in many of the counties in this State. As a general rule the leases run for a long period of time, usually for ten years or more. Many of the leases expire by virtue of the terms of said lease and other leases expire by virtue of the fact that the leasee fails to comply with the annual consideration or other stipulations or conditions in the leases. The Committee further found that most of the mineral deeds that are recorded grant a perpetual title to the mineral rights of the land described in said deeds and that the grantee named in said deeds in many instances have disappeared, died or otherwise abandoned the rights stated in said deed. It was further found by the Committee that these deeds create a perpetual cloud on the title of the real estate described in said deed and that there is no law in Georgia which would adequately provide a remedy to remove said cloud on the title of the real estate except as provided in the Land Registration Act. The proceedings as set forth in the Land Reg istration Act are expensive and time consuming and in many instances the expenses and time involved would exceed the value of the land.
4. It is the opinion of the Committee that a mineral deed vest a valuable
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interest in the land to the grantee named in such deed and the grantee named in the mineral deed would he liable for taxes to the extent of the value of the mineral rights in said property. It is the further recommendation of the Com mittee that the various tax assessors, tax receivers and tax commissioners in the State of Georgia study this matter and assess taxes against the holders of such mineral deeds as provided in the following Code provision:
"Code Section 92-104. Interest in or claim to land less than fee.--All persons owning any mineral or timber interests, or any other interest in or claim to land less than the fee shall return the same for taxation and pay taxes on the same as on other property; and any person failing to comply with the requirements of this section shall be proceeded against as a de faulting taxpayer."
This would provide for the levy and sale of the interest held by the grantee of the mineral deed who failed to pay the taxes assessed and would also reduce the tax of the owner of the remaining title of said land or real estate.
The Committee expresses its sincere appreciation and thanks for the valu able aid and assistance rendered by the staff of the Office of Legislative Counsel.
THE COMMITTEE
Honorable John Lee Phillips Representative, Walton County Chairman
Honorable J. Robert Smith Representative, Brantley County Secretary
Honorable George W. Potts Representative, Coweta County
Honorable J. 0. Brackin Representative, Seminole County
Honorable Louis T. Raulerson Representative, Echols County
REPORT OF JOINT SENATE-HOUSE COMMITTEE OF THE GEORGIA GENERAL ASSEMBLY TO REVISE AND CODIFY LAWS RELATING TO PUBLIC HEALTH UNDER THE FORMAT GEORGIA PUBLIC HEALTH
CODE AND PATIENT COST OF CARE DECEMBER, 1962
December 20, 1962
TO: THE HONORABLE GARLAND T. BYRD LIEUTENANT GOVERNOR AND PRESIDENT OF THE STATE SENATE THE HONORABLE GEORGE L. SMITH II SPEAKER OF THE HOUSE OF REPRESENTATIVES MEMBERS OF THE SENATE OF THE STATE OF GEORGIA MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA
Pursuant to the provisions of Senate Resolution Number 150 approved March 6, 1962 (Ga. Laws 1962, p. 587), and pursuant to the powers and authority vested
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in the Lieuteant Governor in his capacity as the President of the Senate, a ten (10) member joint committee was created and appointed consisting of five (5) members from the Senate appointed by the President and five (5) members from the House of Representatives appointed by the Speaker. The Committee was organized and created for the purpose of studying Senate Bill Number 204 providing for a new Public Health Code which was introduced at the 1962 Ses sion of the General Assembly. The bill was so voluminous that it was decided that additional study of said bill should be made, that any attempt to have said bill enacted by the General Assembly should be held in abeyance, and said bill should be re-introduced at the 1963 Session of the General Assembly of Georgia.
The Committee herewith submits its combined committee report and rec ommendations relative to the study of Senate Bill Number 204 known as the proposed Georgia Public Health Code and Patient Cost of Care Bill. The Com mittee report and the recommendations therein contain are made by the said Joint Committee under the leadership of Honorable James W. Keyton, its duly appointed Chairman and Honorable William B. Greene, its duly appointed Sec retary.
THE COMMITTEE:
Members appointed by the President of the Senate:
Dr. C. L. Ayers Senator, 31st District
Honorable Floyd Harrington Senator, 20th District
Honorable Samuel U. Braly Senator, 38th District
Honorable Dan J. DeLoach Senator, 6th District
Dr. J. Roland Clanton Senator, 7th District
Members appointed by the Speaker of the House of Representatives:
Honorable James W. Keyton Representative, Thomas County
Honorable Edward E. McGarity Representative, Henry County
Honorable J. Lucius Black Representative, Webster County
Honorable William B. Greene Representative, Bartow County
Honorable J. Grover Simmons Representative, Banks County
Senate Resolution No. 150 (Act No. 277)
A RESOLUTION
Creating a Committee to study the Health Code; and for other purposes. WHEREAS, Senate Bill 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
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2229
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 AS SEMBLY OP 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, electing a Chairman, a Secretary, and such other officers as deemed desirable. The Committee shall adopt its own procedures for its operation. 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 10 days each 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.
Approved by the Governor, March 6, 1962.
Your Committee met pursuant to authority and direction of Senate Res olution No. 150 enacted at the 1962 Session of the General Assembly, approved by the Governor March 6, 1962, (see 1962 Ga. Laws, p. 587), in the office of Honorable Geo. L. Smith, II. Speaker of the House of Representatives, on July 17th, at 10:00 O'clock A.M., for the purpose of conducting a study of Senate Bill Number 204.
The Committee was organized and Hon. James W. Keyton was elected Chairman and Hon. William B. Greene was elected Secretary.
At the organizational meeting, it was decided by the Committee that the best procedure would be to work in conjunction with the Department of Public Health of the State of Georgia, the Office of Legislative Counsel, and afford each one of the many groups within the State of Georgia, concerned with the various parts of the proposed Georgia Public Health Code, an opportunity to meet with the Study Committee and make known whatever recommendations or objections that they might have to either the proposed recodification of the Public Health Laws or the proposed Patient Cost of Care Bill.
Accordingly, an invitation was extended to all those persons the Committee felt would be directly or indirectly affected by this proposed bill. The number of invitations extended was only limited by this thought. Those attending or represented by Liaison Personnel from the organizations represented were:
Dr. W. Edgar Coleman, President Georgia Dental Association 633 Candler Building Atlanta, Georgia
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Thomas W. Goodwin, M.D., President Medical Association of Georgia Medical Arts Building Augusta, Georgia
Mr. Oscar H. Hilliard, Chairman Hospital Advisory Council on Construction,
Licensure and Indigent Care Port Oglethorpe, Georgia
Mr. B. F. Merritt, Jr., Chairman Georgia Water Quality Council P. 0. Box 288 Macon, Georgia
Mr. John Slagle, President Association of County Commissioners of Georgia Calhoun, Georgia
Mr. Roswell Hair, President Georgia Municipal Association Mayor Buena Vista, Georgia
Mr. Owen B. Hardy, President Georgia Hospital Association Phoebe Putney Memorial Hospital Albany, Georgia
Mr. R. D. Dismukes, President Georgia Association of Hospital Governing Boards 13th Street Columbus, Georgia
Mr. DeJongh Franklin, President Georgia Association for Mental Health Grant Building Atlanta, Georgia
Mr. G. H. Smith, President Georgia Textile Manufacturers Association, Inc. Lindale, Georgia
David M. Wolfe, M.D., President Georgia Association of Local Public Health Physicians Dougherty County Health Department Albany, Georgia
Mrs. Nadine Bender, President Georgia Association of Nursing Homes and
Homes for the Aged 3888 La Vista Road Tucker, Georgia
The attendance at the scheduled public hearings from each of the organi zations affected was good and much valuable information was gained by the Committee in conjunction with representatives from the Department of Public Health and the various attorneys representing organizations, together with the
INTERIM COMMITTEE REPORTS
2231
legal help assigned the Committee through the Office of Legislative Counsel. This Committee received outstanding cooperation and assistance from all of those called upon and was benefited by many voluntary officers of assistance, especially from the Legislative Committee of the Georgia Bar Association. Special appreciation is hereby expressed to all.
On the basis of the foregoing, Senate Bill No. 204 was thoroughly studied and the following chapters of the Georgia Code therein contained have been substantially re-written or re-drafted to meet all objections heretofore raised thereto; namely:
88-103. Board of Health; how constituted. 88-107. The Department; its duties, functions, and powers. 88-109. The Department; rules and regulations. 88-110. Department as agency of State. 88-112. Staff; how appointed. 88-114. Institutional powers and duties of the department. 88-116. Venue of actions. 88-202. County boards; how constituted, terms of members. 88-203. County Board of Health; their functions. 88-204. County Board of Health; their powers. 88-206. Board members; per diem. 88-211. Appointments of director and staff. 88-212. Director; his duties. 88-214. Expenses of County Board of Health; taxes to meet. 88-215. Health districts. 88-218. Municipalities; contributing to local Board of Health. 88-301. Violation of regulation declaring misdemeanor. 88-302. Injunction. 88-303. Subpeonas and other compulsory process. 88-304. Hearings. 88-305. Appeals. 88-306. Certified copies as evidence. 88-307. Promulgation of rules and regulations. 88-308. Rules of practice and procedure. 88-405. Hospitalization upon Court order; judicial procedure, review. 88-506. Hospitalization upon Court order; judicial procedure. 88-508. Transportation; temporary detention. 88-520. Expenses of hearings; how paid. 88-602. Establishment and operation of facilities for treatment over the State
of Georgia. 88-702. Misdemeanors upon hospital grounds. Ch. 88-8. Mattress sanitation. 88-1301. Power to conduct research and studies. 88-1307. Occupational health. Ch. 88-16. Control of rabies. 88-1815(d). Death registration. 88-1903. Creation of hospital authorities. 88-1920. Pension system for employees. 88-2607 (c). Judicial procedure for order to care of department. 88-2608. Expenses of proceeding; how paid. 49-601. For whom guardians may be appointed. 49-604. Procedure for appointment of a guardian as relates to mentally in
competent. 49-610. Examining committee in certain counties where no physician and no
attorney in the county.
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A bill to provide for the payment of cost of care, as originally introduced at the 1961 Session of General Assembly of Georgia, (House Bill No. 287) and "carried over" to the 1962 Session of the General Assembly, has been completely re-written in all particulars in co-operation with the Medical Association of Georgia, the Department of Public Health, the Office of Legislative Counsel, and others interested therein, so that an entirely new bill to provide for the pay ment of cost of care will supplant the one originally introduced.
Over a period of years, the changes in the laws pertaining to the operations of the Department of Public Health and the affiliated institutions of the State of Georgia have resulted in a mass accumulation of statutory laws whereby certain statutes conflict with others, to the extent that there is an overlapping of funcions of the various departments and a number of the statutory laws presently constituting the Georgia Code are now obsolete. It has been one of the purposes of this committee to exclude the present obsolete statutory require ments, thereby substantially reducing the multitude of presently existing laws, recodifying those remaining and reducing them into one Public Health Code of Georgia which we believe to be flexible and workable and one which is capable of being enforced thereby affording equal protection of the citizens of our State and the various departments who will be better informed of their legal admini strative powers and duties. Had the reconciliation of the public health laws not been undertaken by this committee, then the passage of future acts and amend ments thereto would have resulted in a hodgepodge chaotic condition of the law relative to our public health and would have resulted in the same being unwork able to the extent that utter chaos would have resulted in the administration and protection of the relative rights of the State and its citizenry in relation to public health.
The growth in recent years as the State has taken over and begun more public health proposals, resulting in various State-wide programs in conjunc tion with the Federal Government and its grants and aids thereto has made it mandatory that a recodification of the public health laws subject to existing constitutional provisions be made at this time. The presently existing gaps or lags of services in relation to public health and overlappings of effort in the various departments concerned therewith would be more standarized and uni form in their application thereby promoting a lack of coordination between the various State departments and the various agencies now existing throughout the State which are charged with the responsibility of public health.
The importance of public health and the statutory laws pertaining thereto, affecting all of the people of Georgia, and the orderly administration of the public health laws necessitate the adoption of a model "Georgia Public Health Code" and "Patient Cost of Care Bill" relating to the patients hospitalized in the various institutions of this State.
Of course, it would be impossible to try to set forth in this report all of the changes proposed by the committee in its recodification of the public health laws of Georgia and the changes made to Senate Bill No. 204, as previously introduced. Since intelligent planning can only be made in the face of known facts and trends, your committee, in meeting with the aforesaid organizations, has completed its proposed draft of a new Georgia Public Health Code and Patient Cost of Care Bill. We feel they meet with the approval of the Department of Public Health in coordination and cooperation with the various groups interested therein, so that upon termination of the work of the Joint Committee on November
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2233
26th, 1962, there existed no known objections or obstacles voiced from any phase of our society which would prevent the introduction and passage of a new Georgia Public Health Code and Patient Cost of Care Bill at the 1963 Session of our General Assembly.
Of necessity, the proposed bill itself is massive in proportions and will number approximately 183 pages; however, this could not be avoided consider ing the task involved and its importance to the citizenry of Georgia should not be minimized and the committee recommends unto the General Assembly that an honest effort be made to adopt a Georgia Public Code and Patient Cost of Care Bill at the 1963 Session of the General Assembly consistent with the needs of our society.
This Committee is deeply indebted to Dr. John H. Venable, Director, De partment of Public Health of Georgia, and his staff; the Office of Legislative Counsel for their legal assistance; and to all the various groups who cooperated and participated in the public hearings in connection with the drafting of this proposed legislation for the assistance and for their untiring efforts in attempt ing to assist this Committee in drafting a proposed Georgia Public Health Code and Patient Cost of Care Bill. Were it not for their devotion and self-sacrifice, the task assigned to this Joint Committee would have been insurmountable.
The Joint Committee recommends to the General Assembly of Georgia that serious consideration be given to the passage of this much needed legislation at the 1963 Session of the General Assembly of Georgia.
THE COMMITTEE:
Members appointed by the President of the Senate:
Dr. C. L. Ayers Senator, 31st District
Honorable Floyd Harrington Senator, 20th District
Honorable Samuel U. Braly Senator, 38th District
Honorable Dan J. DeLoach Senator, 6th District
Dr. J. Roland Clanton Senator, 7th District
Members appointed by the Speaker of the House of Representatives:
Honorable James W. Keyton Representative, Thomas County
Honorable Edward E. McGarity Representative, Henry County
Honorable J. Lucius Black Representative, Webster County
Honorable William B. Greene Representative, Bartow County
Honorable J. Grover Simmons Representative, Banks County
REPORT OP THE SCHOOL BUS DRIVERS RETIREMENT STUDY COMMITTEE
(House Resolution No. 450)
INTRODUCTION The School Bus Drivers Retirement Study Committee was created by House
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Resolution No. 450 adopted at the 1962 Session of the General Assembly of Georgia. Under authority of that resolution and under the authority of House Resolution No. 692 the Speaker of the House of Representatives appointed as members of the Committee from the House, Representatives A. B. C. Dorminy, Jr., Ben Hill County; Hershel Farmer, Heard County; George P. Langford, Jr., Warren County; Hubert Wells, Oconee County and Joe Mack Wilson, Cobb County. The President of the Senate appointed Senators Spence M. Grayson of the 1st District and Otto Griner of the 45th District as members of the Com mittee from the Senate. At the organizational meeting Representative Wells was elected Chairman, Senator Griner, Vice-Chairman and Representative Lang ford, Secretary.
As stated in the resolution the Committee was appointed for the purpose 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 was also given the duty of investigating the cost involved and the feasibility of providing retire ment coverage for school bus drivers. The Committee has met for a period of 8 days and has studied the problem presented to it diligently. Honorable Joe DeFoor, Assistant Director, Division of Administration, State Board of Educa tion, appeared before the Committee and furnished valuable information rela tive to the number of drivers in the State, the number covered by Social Security and other related matters. Mr. DeFoor has primarily responsibility with regard to student transportation for the State Education Department. Honorable W. Frank DeLamar, Executive Secretary, Employees Retirement System of Georgia and Honorable G. E. Pittman, Executive Secretary, Teachers Retirement Sys tem of Georgia, appeared before the Committee and furnished much valuable in formation concerning the many problems connected with retirement systems.
Wilton Hill, Executive Secretary of the Georgia School Bus Drivers Asso ciation submitted request that a determination be made of the age bracket along with the approximate cost at various age levels so as to determine the feasibility of a Retirement Program.
FINDINGS AND RECOMMENDATIONS
The Committee has determined that all school bus drivers are not covered under the provisions of the Federal Social Security Program. The conclusion has been reached that this is by far the best program of a retirement nature which is available to the drivers. This is true because of the prevailing average low salary schedule for drivers which makes it difficult to establish a retirement system with sufficient attractive features to induce the drivers to join. This problem, however, does not exist in the Social Security Program and the Com mittee strongly urges that the counties which do not now provide Social Security coverage for school bus drivers take the necessary action to correct this situa tion. There is attached to this report information showing the counties which do not participate in the Social Security Program for their school bus drivers. The Committee found that there are 4,920 school bus drivers currently employed within the State. Of these 4,276 are covered under Social Security with contri butions totaling $200,117.20. 86.9% of all drivers are covered by Social Security at an average expenditure of $46.80 per driver.
The 4,920 drivers referred to above transport 454,000 children daily over
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2235
an average route of 47.6 miles round trip. 82.3% of all the school buses in operation in the State are owned by the counties. The remaining buses are either jointly owned by the counties and the drivers or are owned solely by the drivers and under contract to the counties. This, of course, is an additional problem which must be met and solved with relation to setting up a retirement system. There are other complicating factors which the Committee has found through its study. One is the high average age of the drivers. The best information available in dicates that the average age is between 40 and 50 years with 45 years of age being the reasonable assumption for the average figure. Another factor involved is the fast turnover of drivers. This can readily be seen by examining the fol lowing figures:
2,448 drivers with 5 years service
1,215 drivers with 10 years service
651 drivers with 15 years service
347 drivers with 20 years service
78 drivers with 30 years service
42 drivers with 35 years service
Converted to percentages only 7.05% of the drivers have served as long as 20 years and only 13.23% have served 10 years. The remaining drivers all have less than 5 years service. The Committee has been unable to determine the rate of turnover and the probable number of drivers who would remain employed long enough to qualify for retirement.
Preliminary examinations of certain retirement plans and proposals indi cate that it might be feasible for the State to inaugurate a plan which would provide for a substantial initial contribution in addition to an annual contri bution of $50 per driver matched by a $50 contribution from the State. This would produce a retirement schedule approximating the following:
Annual Contributions
$100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00
Years Contributed
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Annuity at Age 62
$ 3.51 4.29 5.09 5.93 6.79 7.68 8.60 9.56 10.55 11.57 12.63 13.73 14.87 16.04 17.26 18.52
Annuity at Age 65
$ 3.88 4.74 5.62 6.45 7.50 8.48 9.50 10.55 11.65 12.78 13.95 15.16 16.41 17.71 19.05 20.44
The above schedule is predicated on the assumption that all the funds re ceived will be invested in sound investments which would yield not less than
annually.
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Due to the age at which drivers are employed the Committee feels that in the event any retirement system is established for bus drivers participation by the drivers should be on a voluntary basis.
The Committee is not in a position to recommend that any retirement plan be adopted at the present time. It is felt that a complete actuarial survey should be made prior to the recommendation of any particular plan and that the feel ings and desires of the school bus drivers themselves should be ascertained before the formulation of any plans. For this purpose the Committee recom mends that a new Committee be created at the 1963 Session of the General Assembly and that such Committee complete the study begun by this Committee and make final recommendations as to whether or not a retirement plan for school bus drivers should be promulgated.
Respectfully submitted,
Hubert Wells, Chairman Representative, Oconee County
Otto Griner, Vice-Chairman Senator, 45th District
George P. Langford, Jr., Secretary Representative, Warren County
REPORT OF PENAL INSTITUTIONS SUBCOMMITTEE OF THE HOUSE STATE INSTITUTIONS AND PROPERTY COMMITTEE
TO: HONORABLE GEORGE T. SMITH, SPEAKER, AND MEMBERS OF THE HOUSE OF REPRESENTATIVES
The Penal Institutions Subcommittee of the State Institutions and Property Committee respectfully submits the following report:
The Committee made unannounced inspection visits to the Georgia State Prison at Reidsville, the Georgia Industrial Institute at Alto, the Rock Quarry Prison Branch at Buford, the Correctional Detention Branch at Rome, and sev eral of the county camps, interviewing prison officials, other supervisory person nel, and inmates.
The institutions visited were found to be effectively and humanely operated. All were found to be operating economically, and the Committee commends the Department of Corrections, the Director and his assistants, and the Wardens of the various institutions for the scope and efficiency of their operation with the limited amount of funds available.
Food, clothing, and housing were found to be adequate and sanitation stand ards acceptable. Morale of inmates was found to be high. Religious emphasis is evidenced by chapels or other facilities for religious worship at all prisons. All institutions have religious services every Sunday, and have chaplains who not only conduct these services but who are helpful in the counseling of prisoners.
At the Georgia Industrial Institute at Alto, the school plant and gymnasium
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2237
are nearing completion and the school program is already in operation, in tem porary quarters. Practically no publicity has been given the program, but the Committee feels this is one of the most progressive steps that has been made in the Prison System in many years, and is, in fact, one of the finest such pro grams in the country. The boys at Alto are now offered the opportunity to com plete their high school work and earn a bona fide diploma of accredited high school status.
At the Georgia State Prison at Reidsville, two new wings comprised of in dividual cell blocks have been completed, making maximum use of prison labor. These have not been occupied because of the difficulty of securing supervisory personnel at the prevailing inadequate rate of pay. Construction of a separate library facility at the State Prison has been started.
The Committee takes special note of the model farm activity at the State Prison in Tattnall County. This operation ranks with the best in the nation, and not only provides construction and healthful work for many of the inmates, but also produces an abundance of food which is used in the prison system.
In view of the recent publicity as to alleged "dope traffic" at Georgia State Prison, this Committee made a diligent investigation into the matter. It was determined that every precaution is being taken to prevent the introduction of narcotics into the prison and to prohibit their possession and use within the prison. Visitors are thoroughly searched and incoming packages carefully cen sored. Inmates are stripped and searched after visits and are stripped and searched every few days at unscheduled, irregular intervals. A coupon system for purchases is used whereby money is contraband and any money found is confiscated and placed in the general entertainment fund. Employed personnel are kept under close surveillance to prevent the introduction of contraband into the prison.
It is the opinion of the Committee that the charges as to "dope traffic" and "dope addicts" at Georgia State Prison are unfounded, and that evidence upon which said reports were based was unreliable. There have been instances of the introduction of small quantities of "pep pills" and other contraband medicine, but these do not accurately conform to the definition of "dope" and are not addicting.
A special session of the Tattnall County Grand Jury was called in November 1962, to investigate the "dope" problem and submitted its presentment, a copy of which is attached hereto and made a part hereof, marked Exhibit 1.
RECOMMENDATIONS
1. The Committee recommends the establishment of a General Comprehen sive Classification Center at which all prisoners, before assignment in the State Prison System, would undergo thorough medical and psychiatric examination, as well as thorough analysis of their social, economic and cultural background, education, vocational training and experience, criminal tendencies, aptitude, etc. It is believed that this is a primary need of the Prison System and with the in stitution of such a classification program, a multitude of diverse problems can be almost automatically solved. It is recommended that such a classification
2238
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center be constructed near Augusta on land already owned by the State near Talmadge Memorial Hospital.
2. The Committee recommends the activation of the Industrial Program for State Prisoners. This program has already been authorized, but funds have not yet been provided.
3. The Committee concurs in Governor Sanders' statement that a high standard in qualifications should be instituted for custodial officers in the prison system and that a program of inservice training be instituted so as to provide greater efficiency and a uniform treatment of prisoners throughout the State. In order to implement these suggestions, the Committee recommends that funds be made available at the earliest possible date.
4. The Committee recommends that further efforts be made to relieve the State Prison System of the burden of handling misdemeanor prisoners. The load of misdemeanants causes extreme overcrowding in most of the State prisons and greatly hampers any effort at an effective program of rehabilitation.
5. The Committee recommends that efforts be continued to bring the pay scale and work hours for prison guards more nearly into line with that of other
state employees; and that funds be made available as soon as possible toward that end.
February, 1963
Respectfully submitted, Morgan of Gwinnett, Chairman
Kirkland of Tattnall, Secretary
GRAND JURY PRESENTMENTS TATTNALL SUPERIOR COURT
October Adjourned Special Session
Exhibit 1
GEORGIA, TATTNALL COUNTY.
We, the Grand Jury, selected, chosen and sworn for the October Adjourned Special Session held on November 19, 1962, begged leave to submit the following presentments and recommendations:
In pursuance of the able and outstanding charge given to us by the Honor able Henry H. Durrence, Judge of Tattnall Superior Court, we have made an exhaustive and thorough investigation of the alleged charge of the dope black market at the Georgia State Prison of Tattnall County, and after this investiga tion, we find that there are wholly inadequate and insufficient evidence or in formation to justify the said charges, there being no legal or justifiable founda tions therefor.
We welcome any direct and satisfactory evidence and information that would warrant or justify any further investigation by this or any other Grand Jury
of this County.
From the outstanding and unsurpassed record of service and achievement
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2239
in the management and operation of the Georgia State Prison at Reidsville, Georgia, we wish to commend and congratulate the prison officials, including the State Board of Corrections, the Honorable R. P. Balkcom, Jr., Warden, Lament Smith, Assistant Warden, and the entire staff and personnel thereof for all of the splendid and efficient manner in which they have operated and carried on the affairs of this great institution.
We recommend further that a copy of these presentments be published in The Tattnall Journal and The Glennville Sentinel and the necessary fees paid therefor; and that a copy be sent to the State Board of Corrections and to the Honorable R. P. Balkcom, Jr., and that the charge be published in its entirety. We commend our Solicitor General for his able and wonderful service in pre senting the matters to this body.
Respectfully submitted, this November 19, 1962.
/S/ Ralph Huckabee Foreman
/S/ Wiley Sikes Clerk Tattnall County, Georgia
The above presentments being presented and read in the Open Court, it is ordered that they be spread upon the minutes of this Court and published as recommended.
In Open Court, this November 19, 1962.
/S/ Henry H. Durrence Judge, Tattnall Superior Court A. J. C. of Georgia
CERTIFICATE :
GEORGIA, TATTNALL COUNTY:
I, June W. Pearson, Deputy Clerk, Superior Court, Tattnall County, Georgia, do hereby certify that the above and foregoing typewritten matter is a true and correct copy as the same appears of record in this office in Superior Court Minute Book No. P, at pages 300 and 301.
This 3rd. January, 1963.
/S/ June W. Pearson Deputy Clerk, Superior Court, Tattnall County, Georgia
2240
JOURNAL OP THE HOUSE,
REPORT OF 1962 TAX EQUALIZATION COMMITTEE CREATED BY THE HOUSE OF REPRESENTATIVES, GENERAL ASSEMBLY,
STATE OF GEORGIA
This Committee was created pursuant to House Resolution 570 of the 1962 Session of the Georgia General Assembly. Speaker of the House George L. Smith appointed representatives Maddox J. Hale, Dade County, William B. Steis, Harris County, and Arthur K. Bolton, Spalding County, to serve on the Committee. At its organizational meeting Arthur K. Bolton was elected Chair man, Maddox J. Hale was elected Vice-Chairman, and William B. Steis was elected Secretary.
During the summer and fall of 1962, this Committee met with the Georgia Municipal Association, Association of County Commissioners of Georgia, and Georgia Tax Assessors Association, in addition to working with Mr. C. G. Campbell and other members of the Ad Valorem Tax Unit of The Department of Revenue. This Committee was primarily concerned with seeing that the tax equalization program was expanded throughout the State and that any needed legislation be prepared and submitted to the 1963 Session of the Georgia Gen eral Assembly.
This Committee is most pleased to note that, at the present time, largely through the tact and skillful direction of Mr. C. G. Campbell, and by virtue of the funds made available during the administration of Governor S. Ernest Vandiver, the tax equalization program in Georgia has developed beyond our fondest hopes during the past two years. We also feel that without the intense effort devoted to this project by Mr. Hill R. Healan, Executive Director of the Asso ciation of County Commissioners, and the Board of Directors of the Association of County Commissioners of Georgia, this program would not have reached its present success. It is pleasing for us to report that, as of the date of this report, 27 counties have undertaken a tax equalization program. These counties are: Baker, Barrow, Butts, Carroll, Chattooga, Chatham, Clayton, Crawford, Dade, Early, Elbert, Floyd, Franklin, Glynn, Lamar, Liberty, Macon, Marion, Murray, Paulding, Polk, Pulaski, Turner, Upson, Walker and Whitfield.
The above 27 counties have received from Governor Vandiver's administra tion the total sum of $1,718,380 to assist them in their undertaking.
This committee is also gratified that the people of Georgia saw fit to ratify a constitutional amendment at the 1962 general election which will permit counties to borrow money from private sources for the purpose of tax equaliza tion, as we feel that this will greatly expedite this program.
As in past years, this Committee received detailed and voluminous reports on the fact that many motor vehicle owners are escaping the payment of ad valorem property taxes, and, under present laws, local officials are virtually powerless to stop this loss of revenue. This Committee considered many methods of attempting to stop this loss of revenue, both administratively and statutorily. During the fall of 1962, at the suggestion of Mr. C. G. Campbell, we secured the services of Mr. Douglas Kerr, attorney at law, to assist the Committee in hold ing hearings with Mr. Campbell and to draft curative legislation. Mr. Campbell held numerous hearings with various county officials around the State. Part of
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2241
these recommendations hereinafter made are based on his findings and as a re sult of their investigation.
This Committee also counseled with Governor-elect Carl E. Sanders and is delighted to report that he is enthusiastically behind the tax equalization pro gram and has promised as part of his administration's legislative program, to assist in the passage and implementation of the recommendations hereinafter made. Based on our investigation and study and pursuant to the recommenda tions of the various groups with which we consulted, this Committee makes the following recommendations to the 1963 Session of the Georgia General Assembly:
(1.) We recommend that sufficient funds be included in the 1963 General Appropriation Act to continue tax equalization programs within the counties of this State. Because of recommendations hereinafter made, this Committee recommends that a sum of not less than $100,000.00 is re quired for the next fiscal year to insure the continuation of these programs.
(2.) We recommend that legislation be enacted by the General As sembly, and this Committee has prepared for introduction, legislation which will provide that the State may grant to any county borrowing money under the recently ratified constitutional amendment a sum equal to the amount of the interest which it would have to pay during any calendar year for a loan thus obtained. We feel that in this manner the program can be greatly expanded without the necessity of a large capital outlay by the State.
(3.) This Committee recommends that the 1963 Session of the Georgia General Assembly enact a constitutional amendment which will permit the levying and collection of ad valorem property taxes on any motor vehicle in this State at the time the tag is purchased. This Committee directs at tention to the fact that many our sister states follow this process. This Com mittee feels that this legislation is the only way to finally and completely close the gap on the loss of revenue from the various counties and munici palities of this State. Based on a conservative estimate, the lost revenue amounts to at least $5,000,000.00 a year. This Committee considered at great length the possibility of introducing intermediate, remedial, statutory legis lation to close this gap during the 1964-65 calendar years. However, after considered deliberations on the subject, this Committee concludes that any feasible method employed would be so impractical and cumbersome as to preclude the effective administration thereof.
We would like to take this opportunity to personally thank the members of the State Revenue Department and those members of the various State or ganizations -"hich have assisted us in our work. In view of the fact that it is apparent that rax equalization throughout the State will be a continuing process and, at least during the next few years, will undoubtedly require additional leg islation as the program progresses, we recommend that a committee on tax equalization be created at the 1963 Session of the General Assembly to inquire into this field and report its findings and recommendations based thereon to the 1964 Session of the General Assembly.
Respectfully submitted,
/S/ Arthur K. Bolton Chairman
/S/ Maddox J. Hale Vice-Chairman
/S/ William B. Steis Secretary
2242
JOURNAL OF THE HOUSE,
REPORT OF HOUSE COMMITTEE CREATED BY H. R. NUMBER 735 TO STUDY THE PROBLEMS RELATING TO TEACHERS RETIREMENT PAY
Pursuant to House Resolution Number 735 of the 1962 Session of the Gen eral Assembly, Representatives W. G. Todd of Glascock County, Joe T. Clark of Catoosa County and W. D. Knight of Berrien County were appointed to investi gate the present teachers retirement system of Georgia.
Representative W. G. Todd of Glascock County was appointed Chairman of the Committee by the Speaker of the House, and at the organizational meeting Representative W. D. Knight of Berrien County was elected Secretary.
Upon its organization the Committee immediately started its investigation and study of the present Teachers Retirement System of the State. The Com mittee met at various times and heard testimony from several persons connected with the Retirement System. The following persons appeared before the Commit tee: Honorable W. T. Harrison, President of the Georgia Retired Teachers As sociation; Honorable Frank Hughes, Executive Secretary of the Georgia Edu cation Association; Honorable G. E. Pittman, Executive Secretary of the Teach ers' Retirement System of Georgia; Honorable Wesley H. Rucker, Deputy Executive Secretary of the Teachers' Retirement System of Georgia; Honorable Mac Barber, Representative from Jackson County and author of the resolution creating the Committee; and Honorable W. H. Outlaw, County School Superin tendent of Berrien County, Georgia.
The Committee wishes to express its appreciation to the above gentlemen for appearing, testifying, and giving the Committee the benefit of their knowl edge of the Teachers' Retirement System of Georgia. The Committee wishes to express special appreciation to Mr. Pittman and his staff for their cooperation and aid in gathering data for the Committee's use.
The Committee found that at the present time the floor for computing Teachers' retirement is $3.00, and that a great majority of those teaches who retired before July 1, 1961 are receiving very small retirement checks. At the present time there are 1085 retired teachers in this State who receive less than $100 per month as retirement.
The present average monthly benefit received by all retirants is $100.30, however, the present average monthly benefit of the 1085 teachers who retired before July 1961 is $70.40.
These old teachers drawing less than $100.00 per month retirement are the teachers who have contributed greatly to our present educational system. They were present when the state pay to teachers was low, when the physical facilities of the school were poor; and they are the ones who have been largely ignored as the state raises the pay level of the teaching profession.
The Committee feels that adequate retirement pay should go to these teachers as a debt that society owes them and not just as chairty. This group will de crease as each year passes and very soon none will exist. It is with this in mind that the Committee feels that their retirement pay should be raised to a decent level and allow them to live out their remaining years in dignity.
INTERIM COMMITTEE REPORTS
2243
During the 1962 session of the Legislature House Bill 1115 was passed which would provide a minimum of $6.00 per year floor for computing the retirement pay. Although this bill has been passed no funds have been made available to implement it.
Based upon its investigation, the Committee feels that a raise in the mini mum floor is justified to help the retired teachers of this State; and, further feels that at the present time a $1.00 increase can be financed. It is the Com mittee's opinion that the figure of $642,565.44 is ample to provide this $1.00 and in all probability will result in a surplus.
The Committee found that the overall Teachers' Retirement program is sound from an actuary standpoint.
Attached to this Committee Report and marked "Exhibit A" is a recapitula tion of retired teachers receiving less than $100 per month in benefits; and "Exhibit B" showing the amount of money required to raise the minimum floor to $4.00.
Recommendations:
1. The Committee recommends that the Appropriations Committee in clude the sum of at least $642,565.44 in the 1963-1965 budget to raise the minimum floor to $4.00 immediately.
2. The Committee further recommends that the Appropriations Com mittee consider the possibility of financing H. B. 1115 which has already been enacted into law and that the funds necessary to finance the same be included in the Budget for 1965-1967.
Respectfully submitted,
W. G. Todd, Chairman W. D. Knight, Secretary Joe T. Clark
2244
JOURNAL OF THE HOUSE,
"Exhibit A" RECAPITULATION RETIRED MEMBERS RECEIVING LESS THAN $100.00
YEARS SERVICE
NUMBER
OPTION 1
OPTION 2
OPTION 3
Under 10
94
12
4
10
19
3
3
11
21
3
1
12
20
4
1
2
13
29
7
3
14
23
5
2
1
15
42
5
2
2
16
38
5
1
17
34
2
18
37
4
3
1
19
30
5
20
61
4
3
3
21
40
4
2
2
22
63
7
1
2
23
41
7
2
24
49
6
1
2
25
71
15
8
4
26
50
7
1
5
27
53
9
3
1
28
47
10
1
29
55
8
2
2
30
50
6
2
3
31
46
8
3
3
32
22
5
2
33
24
3
3
34
4
2
2
35
3
1
2
36
3
2
1
37
None
38
None
39
2
2
40 and over
14
2
8
4
TOTALS
1085
156
64
47
INTERIM COMMITTEE REPORTS
2245
"Exhibit B"
RETIREMENT PAYROLL STATISTICS (Relating to Possible Floors)
$4.00 Floor
1. Net Cost Increase Monthly __.,.._.____.-..__._._.,,_...__.__,,--.-..$ 53,547.12
2. Net Cost Increase Annually __________.-____,,_-..__--________,,_._...._.-.__^$642,565.44
3. Total Number on Payroll (Thru R-4278) (6-30-61) _.____ -... 2611*
4. Total Number in Catetgory "6". (Beneficiary Payments Due to Death of Member) (Not Eligible for Increased Benefits Under 1115) _______,,_______,,____,,__________________. -308
5. Net Number of Retired Members Participating 6-30-61 _____,,--- 2303
6. Total Number of Retired Members Benefiting (Benefits Above Floor) .__......_,,.._....-..-......____.__._.__._____,,______________.....__ -351
7. Net Number of Retired Members Benefitting
_--_____,,_---- 1952
8. Average Monthly Increase Per Benefitting Member __,,_____________.--.$ 27.43
9. Average Annual Increase Per Benefitting Member .._.___..........,,.____.$ 329.18
REPORT OF THE SUBCOMMITTEE ON TEMPERANCE
The Subcommittee on Temperance, composed of Senator Robert McKenzie, chairman, Senator Gaston V. Green and Senator J. L. White, pursuant to SR 189, visited the Alabama Alcoholic Beverage Control Department in Montgomery, Alabama. The purpose of this trip was to investigate the Alcoholic Beverage Control Law and the application of such law in the State of Alabama.
Mr. Edward Azar, Administrator of the ABC, was most cooperative and very generous with his time in furnishing the Committee the desierd informa tion. We were apprised of the experience that Mr. Azar has in this field.
Mr. Azar pointed out that besides the profit angle involved in the ABC operations, there is a more urgent reason for having state stores, that reason being the control and strict policing of the sale of alcholic beverages and all phases of this subject. He further pointed out that arrests in wet areas are a great deal less numerous than in dry areas. He went on to explain that the State of Alabama has a local option system, whereby the citizens of each in dividual county determine by local referendum whether or not the ABC stores operate in their respective counties. A referendum is called by petition of at least 25 percent of the number of people voting in the most previous general election. He pointed out that a referendum can be held in each 2 year period.
All profits from the sale of alcoholic beverages in Alabama are earmarked by the legislature for the various state agencies and departments rather than placing the money in a general fund.
All of the ABC products are purchased directly from the distillers. This system effects a reduction of price due to the fact that there is no middleman
2246
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profit. Each distiller has an agent in the state for the purpose of receiving a com mission for the sale of his company's product. However, Governor-Elect George Wallace has promised to do away with this system in order to save the State vast amounts of money spent on commissions.
The following advantages were noted under the Alabama ABC system:
1. The State can receive a much greater amount of revenue under this system.
2. The prices of all alcoholic beverages are regulated by the State.
3. Closer and more rigid supervision can be maintained, thus eliminating much of the police problem involved in alcoholic beverages.
4. Fewer people are involved in the sale of alcoholic beverages, thus also reducing the police problem.
5. The state stores have regular hours and earlier hours of closing, thus also aiding the enforcement of the law.
After this visit with Mr. Azar and the Alcoholic Beverage Control Depart ment, this Committee feels that the system in the State of Alabama is a very good one and the Committee points these facts out for the consideration of the 1963 General Assembly.
Submitted by:
Senator Robert McKenzie, Chairman, 12th District
Senator J. L. White, Secretary, 39th District
Senator Gaston V. Green, 44th District
REPORT OF THE INTERIM COMMITTEE ON TEMPERANCE
The following two Subcommittee reports are herewith incorporated into this final report of the Senate Interim Committee on Temperance:
REPORT OF THE SUBCOMMITTEE ON TEMPERANCE
The Subcommittee, composed of Senator Robert McKenzie, Senator G. V. Green and Senator J. L. White, left Atlanta on July 19, 1962, for the purpose of studying the laws and administration of alcoholic beverage laws in accordance with Senate Resolution Number 189 in Louisiana, Nevada and California.
In New Orleans, Louisiana, the Committee had an audience with Commis sioner Giarrusso Head of the New Orleans Police Department and Captain Dutha Chief of the Alcoholic Division of the New Orleans Police Department. Commissioner Giarrusso Stressed to the Committee the importance of liberality in handling public drunkenness cases. The Commissioner's opinion was that the liberal attitude helps to curb chronic alcoholism rather than foster it. He also
INTERIM COMMITTEE REPORTS
2247
stated that drunks are held only for six (6) hours, thus aiding the economic as pect of the city penal system.
In regard to mixed drinks, the Commissioner stated that there is less tend ency toward heavy quantity drinking where the opportunity for acquiring mixed drinks is afforded. He further stated that as a practical matter a man who can acquire mixed drinks is less likely to be a heavy quantity drinker and is more likely to take only one or two drinks then retire to his home; while on the other hand bottle drinkers have a tendency to finish the bottle.
Captain Dutha suggested very strongly that in the event mixed drinks are legalized in our State that all personnel working in connection with drinking establishments be fingerprinted, photographed, and that police record checks be run on such persons. This procedure is particularly helpful in keeping per sons with criminal records from working in such establishments and this pro cedure aids in the apprehension of violators.
The next stop was in Clarke County, Nevada, where the Committee visited the Sheriff's Department. Under-Sheriff Bunker also stressed that the photograph ing and fingerprinting of personnel is very effective in keeping out the unde sirable element which tends to congregate in Las Vegas due to the gambling there.
Public drunkenness cases are handled much the same in Clarke County, Nevada, as they are in New Orleans, Louisiana.
Permits for the purpose of operating alcoholic sales establishments are is sued to resident first offenders after they have proven over a five year period that they are worthy of a second chance. This does not apply to out-of-state of fenders since no effort is made to rehabilitate undesirables from other states.
In Los Angeles, California, our Committee had the full cooperation of the Los Angeles County Sheriff's Department. The main interest of the Committee in Los Angeles County was to visit and investigate their model alcoholic farm. The Committee visited the farm itself. The farm is designed primarily as a re habilitation center. It is particularly helpful in keeping undesirable characters out of places like skid row. Both men and women are sent to the farm. After the third arrest for drunkenness they are sent to the farm, however, habitual drunk ards can be sent at any time in the discretion of the judiciary. Their release is obtained when the farm hospital thinks they have been rehabilitated.
This farm is the most up-to-date of its kind in the United States. Hospital and psychiatric care is the first step for persons sent to the farm. They have one of the most modern hospitals of its kind in the United States with complete doctor facilities, psychiatrists and registered nurses in attendance. After they go through the drying out period, they are assigned to barracks and each in mate is assigned to a certain job which he is most qualified and suited for. Some of these jobs include truck farming, toy making, cooking, office work, shoe re pair, etc.
Before release from the farm the inmates who are capable of being re habilitated, and who have progressed toward rehabilitation are placed in suit able jobs in the outside world. In this particular phase, Alcoholics Anonymous
2248
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is very cooperative in working with the released inmates and helping to restore them as normal useful citizens. Three out of five of these people are brought back to normal life. Prom a financial standpoint this operation is completely self-sustaining. About two million dollars is needed to set it up on state-owned land.
The following report from Mr. Charles B. Methvin, director of the Alco holic Rehabilitation Service of the Georgia State Health Department, is quoted:
"Alcoholism today is considered to be our 4th major public health problem. It is conservatively estimated that there are 75,000 alcoholics in the State of Georgia, and even more significant is the fact that each alcoholic will directly affect the lives and welfare of 5 other persons; mainly, members of their family. Indirectly, each alcoholic will have influence on 10 other persons in the com munity such as welfare agencies, public health departments, creditors, law en forcement, etc.
Unfortunately, due to limited funds, the State has only two facilities offer ing help to the alcoholic--the Georgian Clinic in Atlanta and the Chatham Clinic in Savannah. We desperately need to expand our program in order to offer help to more alcoholics and their families throughout the State. Of the 75,000 alcoholics in Georgia, less than 5,000 are actually receiving any form of help from the facilities of this Service, Alcoholics Anonymous, private hospitals, the Salvation Army, etc.
One of the greatest barriers in solving the problem of alcoholism is lack of public acceptance and understanding. There is great need for more education and information, research, training of professional personnel, and additional treatment facilities. At this point, I might mention the present State appropria tion to deal with this problem is $312,000. The income to the State from the sale of alcoholic beverages is $23,500,000 annually. A program to adequately serve the entire State, involving all of the above mentioned needs, would require a fin ancial investment of approximately $1,250,000 annually--only a fraction of the income received by the State from the sale of alcoholic beverages.
While rehabilitation requires financial investment, it does not actually cost the State money--rehabilitation saves money. As an example, a few years ago we conducted a survey to determine how many of our former patients, 6 months after treatment, were employed and able to assume financial responsibility for themselves and their family without welfare assistance. Going on the assump tion that those former patients, known to be employed, earned a maximum in come of $200 per month, it was established that patients rehabilitated, by this Service alone, accounted for an annual taxable income of over $9,000,000 which, without the benefit of services offered by this program, would have been lost. Incidentally, approximately 60 percent of our patients received some type of welfare assistance prior to their treatment. Of course, the most important as pect of rehabilitation is humanitarian, but certainly there is also a dollar factor involved.
The quality of our program in Georgia has gained international reputation, and we can be proud of what is being accomplished with so little, but as pre viously stated, there is great need for expansion in order to meet the growing demands for service."
INTERIM COMMITTEE REPORTS
2249
In view of the above report from Mr. Methvin and the other findings of this Committee, we recommend the following:
1. That an Alcoholic Rehabilitation center be set up in Georgia along the lines of the one the Committee visited in California. This system is the most economical means of handling the Alcoholic problem and for this reason it is most strongly urged by the Committee. The state now owns a sufficient amount of suitable idle land for this institution such as Milledgeville, Reidsville, and other locations around the State.
2. This Committee further recommends that this operation be set up under the State Health Department.
3. Realizing that the advertising of any product creates a demand and a desire for such product, this Committee recommends that the 1963-1964 General Assembly adopt sufficient legislature whereby making it unlawful to advertise Alcoholic Beverages in any advertising media originating in the State of Georgia.
The Committee feels that the adoption of the within stated recommendations will greatly curb Alcoholism in this State.
Respectfully submitted by:
Robert McKenzie, Chairman Senator, 12th District
J. L. White, Vice-Chairman Senator, 39th District
Erwin Owens, Secretary Senator, 32nd District
Dr. C. L. Ayers Senator, 31st District
Gaston V. Green Senator, 44th District
Eugene Kelly Senator, 35th District
W. Tom Veazey Senator, 19th District
SENATE WATER POLLUTION COMMITTEE
January 7, 1963
The Senate Water Pollution Committee was created by Senate Resolution 151 to study the degree of pollution in Georgia, factors contributing to said pol lution, and to review the actions taken by agencies of State government in pol lution control. In the course of committee meetings and field reviews, a total of 25 man days were spent in active Committee participation. Committee mem bers are as follows:
Senator Dan F. Hart of the 53rd District, Chairman Senator Zell Miller of the 40th District Senator 0. E. Raynor of the 4th District
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Water Pollution, particularly in the areas of municipalities and certain in dustries continues to be a threat to the economy and continued advancement of the State of Georgia. Industrial advancement will be restricted unless pollution of the streams and natural water supply in certain areas of the State is dimin ished.
The Committee was particularly concerned with pollution of the coastal area in the sounds and estuaries. The commercial interests in this area, especi ally the oyster industry, have been severely handicapped by increased pollution and the condemnation of areas for the sale of oysters on the Georgia Coast. A comparison of the total catch of oysters with our neighboring state of South Carolina shows the harvest of oysters to be ten times greater, and dollar value of the oyster industry to be over twenty times greater in this state than in Georgia. Much of this loss in revenue can be directly attributed to condemna tion of oyster beds as a direct result of pollution from tidal streams.
In review of specific action taken by agencies of State government con cerned with enforcement of Water Quality Laws, the Committee acknowledges and wishes to commend the recent actions by Dr. John Venable, Director of the State Health Department in his efforts directed toward pollution control in the State of Georgia. The Committee does feel in review of the pollution control actions, that additional strengthening legislation is necessary for satisfactory water pollution abatement.
The Committee would also like to particularly commend the long time ef forts and actions by Mr. Pulton Lovell, Director of the Georgia Game and Fish Commission, for his continued interest and special efforts in the field of water pollution control. We feel that much of the progress made in pollution control is a direct result of the action taken by Mr. Lovell and the Game and Pish Commission in the pollution field.
RECOMMENDATIONS
1. That the Senate Committee on Water Pollution be a continuing body with the purpose of continued review of water pollution problems in the State of Georgia, and to monitor the actions taken by agencies of State government in pollution control.
2. That additional legislation or strengthened legislation be passed by the General Assembly to expedite control of existing pollution, and to prevent future pollution of streams and lakes.
Respectfully submitted,
THE COMMITTEE:
/S/ Dan P. Hart, Chairman
/S/ Zell Miller
/S/ O. E. Raynor
INTERIM COMMITTEE REPORTS
2251
A REPORT TO THE GOVERNOR AND TO THE 1963-64 GENERAL ASSEMBLY OF GEORGIA
PREPARED BY THE YOUTH STUDY COMMITTEE CREATED BY HOUSE RESOLUTION 544-1049, 1962 GEORGIA LAWS, PAGE 483
BACKGROUND
Serious consideration was given by members of the 1962 General Assembly to the establishment of a State Department of Youth. House Bill 728, introduced by Rep. Tom Parker of Ware County, and supported by many others, won unanimous Committee approval but was shelved when Governor Vandiver stated that funds were not available. Although favoring its passage, individuals in side and outside state government recommended that more study be given the proposed legislation.
A House Resolution creating a 12-member Youth Study Committee passed both houses unanimously. The resolution directed the panel to study problems of Georgia's youth and report its findings and recommendations to the Governor and General Assembly by January 14, 1963.
Both the Department of Youth Bill and the resolution creating this com mittee were the result of mounting opinion voiced by the Georgia Congress of Parents and Teachers, the Juvenile Court Judges, the Georgia Federation of Women's Clubs, the United Church Women of Georgia, and other leaders in welfare, education, and political circles that something be done to keep children out of our jails; that more support be given our training schools; that better diagnosis and treatment be applied to boys and girls in trouble; and that more thought be given to the prevention of juvenile offenses which are harmful and costly to the individual, the family and the community.
The Committee's task, although not an easy one, was clear. In six months it had the duty to hear from those qualified to speak; to see the institutions and programs now operated by the state; to consider what it had heard and seen; and to formulate recommendations for legislative action which, if carried out, could bring in a new and better era for the troubled children of Georgia.
WHAT THE COMMITTEE DID
The committee met and organized on May 30, 1962, at the State Capitol and decided upon a course of action.
First, we decided that we should hear from those now in public positions of responsibility and from professionally qualified private persons who would be competent to identify the problems of Georgia's youth and who could suggest to the committee what actions it should take and what recommendations might be appropriate to make to the General Assembly. This was done.
2252
JOURNAL OF THE HOUSE,
Second, we gathered together, read and studied relevant documents such as prior committee reports, articles, books, periodicals and publications from every source as background information to help us see the problems and the possible remedies.
Third, we visited every institution maintained by the state in which child ren under seventeen are held in custody.
Fourth, we decided, on recommendation of experts who appeared before us, that other statets should be visited to see institutions and programs which are getting better results in dealing with youth problems that we are obtaining here in Georgia. This was not done, due to the fact that the resolution creating the committee did not expressly authorize such travel. Committee members, on their own initiative however, through correspondence developed helpful information and material from other states.
After hearing rrom professionally qualified people and visiting our state institutions, we decided that for us to do an effective job we should obtain funds and professional help in developing a background study on which we could maEe a report that would be authoritative, informative and convincing.
Thanks to the cooperation of Governor S. Ernest Vandiver and Judge Alan Kemper, Director of the State Welfare Department, this was done.
Mr. Thomas M. (Jim) Parham, assistant professor with Emory Univer sity Department of Psychiatry and a social worker with lengthy experience in this field in Georgia, was employed. He conducted a study and prepared an excellent report. His service to the committee has been invaluable.
Finally, we have prepared this Report for the Governor and the 1963-64 General Assembly.
WHAT THE COMMITTEE FOUND
We learned that of Georgia's four million people, one million five hundred thousand are under seventeen (children under seventeen are defined as juveniles under the Georgia law).
Of this number perhaps ninety-five percent are doing well. Our committee takes pride in the health, vigor and intelligence of the vast majority of our youth.
It is the five percent, the approximately 75,000 boys and girls, who, for one reason or the other have serious problems and come to the attention of the courts and other state agencies, about which our committee is concerned.
We found that these seventy-five thousand are confronted with problems of maladjustment, neglect, and dependency which create distress for themselves, their families and their communities. We are convinced that with a better job by state and local government, many of these children can be salvaged and
INTERIM COMMITTEE REPORTS
2253
prevented from becoming future inmates of our prisons, patients in our mental hospitals, and chronic dependents on our welfare rolls.
We believe that this is a major problem and not a minor problem.
We are convinced that a better job can be done with the resources at hand, and it is apparent that more resources will be needed.
We are certain that there must be action now--not later.
We are sure that everything cannot be done that ought to be done in one legislative session, or in a year, or even in a four year administration. But we are sure that now is the time for action and important new beginnings.
Instead of finding fault with the inadequacies we have observed, we wish to praise those who, through the years, have carried on with such meager fi nancial resources and so little public interest or support.
Our committee believes that both financial resources and much greater public understanding and support are on the way.
SUMMARY OF FINDINGS
1. Georgia's number of "troubled children"--those with problems of de pendency, neglect, delinquency and other forms of maladjustment--is growing due to sheer increase in numbers and the shift of population to the cities. The "baby boom" of 1947 and 1948 means we will have 20,000 more sixteen year olds in 1964 than we have in 1962; 26% more young people will reach their teens in the sixties than the teenage group of the fifties. Most of these young people will grow up in the concentration and space limitations of our cities; as it is now, 50% of the state population under 17 live in sixteen urban areas.
2. County services for maladjusted children--caseworkers, child guidance clinics, foster homes, etc.--are inadequate in urban counties and negligible or completely non-existent in rural counties. The great majority of all such services are concentrated in sixteen urban counties. In each of 101 counties, less than 20 children were receiving child welfare services in September, 1962. Last year 54 counties spent nothing for boarding care. Many Georgia counties have multiple problems of declining populations, low median family incomes and a high per centage of non-white population.
3. Although state-maintained institutions for children and youth have steadily increased their capacities, all are still overcrowded. Waiting periods of two to six weeks are necessary for admission to the training schools. Gracewood has 1,000 on its waiting list. Each institution is handicapped by insufficient funds to employ qualified personnel and to improve rehabilitative programs.
4. As many as 5,000 Georgia children find their way into common jails each year because only six counties have special detention facilities.
5. Georgia has one of the highest "school drop out" rates in the United States. "Drop-outs" are seriously handicapped in the modern world. Many be come delinquent or develop other forms of personal inadequacy. A strengthened
2254
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visiting teacher service is our best means of stopping these children early and helping them before serious trouble develops.
6. There has been a conspicuous absence of communication and coopera tion among the principal agencies responsible for serving children at both the state and county level.
7. No specific state agency has assumed leadership in the field of de veloping children's services.
8. There has been no official citizen's group informed and prepared to interpret to the public the needs of our "troubled children".
9. There has been a persistent shortage of trained personnel, and efforts to develop educational programs have been meager in comparison to the need.
WHAT THE COMMITTEE RECOMMENDS
1. Creation of a State Department for Children and Youth to assure the consolidation and coordination of present State programs for dealing with the problems of dependent, neglected and delinquent children.
2. Creation of fifteen member administrative board to establish policy for this new agency and to provide leadership in developing preventive and treat ment resources for troubled children regardless of where they may live in the state.
3. A provision for having the heads of the Departments of Health, Educa tion, Welfare, Labor, Corrections and Agriculture as ex-officio members of the Board of the Department of Youth and Children to seek the most effective pos sible coordination of state resources for children.
4. Selection by the Board of this Department of a Director qualified by both training and experience.
5. Development of a state program to assist local communities in the de velopment of preventive programs.
6. Development of a plan to expand local services within four years so that every child in Georgia will have access to qualified help if he should need it.
7. Formulation of a plan to develop regional detention and diagnostic centers to eliminate for all time the disgrace of lodging impressionable young children in our local jails, some of which are unfit for human habitation.
8. A provision for commitment of delinquents to the Department for Children and Youth rather than to a specific institution and a plan to diver sify treatment programs in training schools, improve the quality of staff, and provide a classification system of youngsters according to individual needs.
9. Expansion of educational and scholarship programs for the training of personnel in all "helping professions" and the establishment of a School of Social Work within the State University System.
10. A biennial Governor's Conference on Children and Youth bringing to gether citizens from every county in Georgia to review progress, discuss prob lems, exchange ideas, and publicize the need for conserving our most valuable resource--our children.
INTERIM COMMITTEE REPORTS
2255
REASONS FOR CREATING A NEW STATE DEPARTMENT FOR CHILDREN AND YOUTH
1. The need for consolidation and coordination of present state resources for helping dependent, neglected, and delinquent children.
2. The need to assign responsibility for leadership in this field to a specific state agency.
3. The need for a permanent citizens group to "speak out for children."
4. The desirability of a broadly conceived plan to develop preventive and treatment services for all dependent, neglected and delinquent children.
5. The desirability of a separate department to provide a "new look" and greater emphasis on children's services.
6. The need for the Board and the Director to have direct access to the Governor and the legislature to seek funds for the development of needed services.
7. The desirability of making this department the officially designated agency to receive federal child welfare funds and thereby benefit from present programs for scholarships, research, training and personnel subsidies.
THE ORGANIZATIONAL STRUCTURE OF THE NEW DEPARTMENT STATE DEPARTMENT FOR CHILDREN AND YOUTH ADMINISTRATIVE BOARD
(15 APPOINTED BY GOVERNOR)
DIRECTOR
LOCAL SERVICES COURT SERVICES: CHILD WELFARE:
Probation Foster Care Detention
Protective Services
Adoptions Unwed Parents Boarding Care After Care
ADM. DIVISION INSTITUTIONS
COMMUNIY SERV. REG. DETENTION
Business Management
Staff Recruitment Research Consultation Staff Training Licensing Legislative
Advisor
Training Schools Classified Camps Group Homes Homes for Neglect
ed and Dependent Children
Establishing this new department will involve removing the Child Welfare Section and the Training Schools from the Welfare Department at the state level. These two operations will be coordinated and strengthened by the appoint ment of a qualified Director and additional administrative personnel.
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JOURNAL OF THE HOUSE,
RESPONSIBILITIES OF THE STATE DEPARTMENT FOR CHILDREN AND YOUTH
1. Developing a plan that will get our children out of jails and keep them out.
2. Promoting the establishment of additional children's service at the local level toward the goal of covering all geographic regions of Georgia.
3. Improving the quality of training school programs with better diagnos tic and treatment resources.
4. Providing consultation and help to all local communities interested in developing preventive programs at the local level.
5. Promoting higher standards of performance in all local children's servives, including child welfare, juvenile courts, and private agencies.
6. Developing a program that will assure that all child caring institutions maintain standards of operation that protect the health and well-being of all children in their charge.
7. Cooperating with all other departments of state government in use and development of resources for children.
8. Supervising and setting standards for child welfare activities in local counties.
9. Administering subsides from child welfare funds.
WHAT THIS WILL COST
At present we are spending $1,700,000 in state funds to operate our train ing schools and another $300,000 to operate the Child Welfare Section of the Department of Welfare. In addition this Section administers about $700,000 federal child welfare funds--nearly 3 million dollars annually. It will take at least $150,000 to begin the work of this department.
It will be the duty of the Director and Board of the new department to pre pare future budget requests.
WHAT THIS WILL SAVE
Above all many of our children can be saved from situations which could lead them to the penitentiary. Our committee is convinced that aside from the human values at stake a better program for handling troubled children will be of great economic benefit to our state.
Every time we prevent a child from being sent to a training school we savs $2,500 per year. Every additional prison cell costs us $8,500. Every citizen who is self-sustaining saves us the cost of relief. Add to this the value of his pro duction and the taxes he pays, and it is obvious that rehabilitation is a good investment.
INTERIM COMMITTEE REPORTS
2257
WHY CREATE A SEPARATE DEPARTMENT?
The committee recognizes that there is room for division of opinion as to the necessity for creating a separate department.
The committee's position is that this is an important state problem. These children, if not helped, grow up to become
our school drop-outs and unemployables
our chronic dependents on relief rolls our felons who fill our prisons our alcoholics and misdemeanants who fill our jails and city stockades
our emotionally unstable who fill our mental hospitals our neglecting and inadequate parents of tomorrow who repeat the
cycle again.
These problems cost us millions of dollars each year, not to mention the waste of human potential.
Being a state problem of this magnitude, the committee feels that this service should not be
a minor task for some larger department burdened with many other responsibilities.
This problem should have the primary attention of a group devoted to bring ing it to public attention and securing as adequate a program as state resources make possible.
The committee feels that progress has been too slow in developing services for troubled children and that a new department will bring a new focus, fresh vitalization of leadership, and will inspire public support that will enable pro grams to develop at a much more rapid and effective pace.
CONCLUSION
The creation of a new Department for Children and Youth by the 1963 General Assembly can put Georgia on the road to a new era for her troubled children. Parents and children alike can have confidence that the best facilities and professional skills will be used to give good direction to boys and girls in trouble so that they can hope to become worthwhile, useful citizens.
Our committee is unanimous in its belief that many lives of our children and youth can become more meaningful because of the foresight of the Gover nor and this General Assembly.
Respectfully submitted,
James A. Mackay, Chairman Zell Miller, Secretary
2258
JOURNAL OF THE HOUSE,
MEMBERS OF THE COMMITTEE
Ex-Officio members:
Honorable Garland T. Byrd Lieutenant Governor State Capitol Atlanta 3, Georgia
Honorable Geo. L. Smith, II Speaker, House of Representatives State Capitol Atlanta, Georgia
Governor's appointees:
Honorable Thomas A. Parker Judge, Juvenile Court Ware County Waycross, Georgia
Honorable Bert Struby General Manager Macon Telegraph Macon, Georgia
Honorable Hudson Malone Judge, Juvenile Court Dougherty County Albany, Georgia
Mrs. Thomas A. Samons Route 2, Box 13A Swainsboro, Georgia
Mrs. Louise Cabaniss Maxeys, Georgia
Lieutenant Governor's appointees:
Honorable Zell Miller Senator, 40th District Young Harris, Georgia
Honorable Wm. Malcolm Towson Senator, 16th District Dublin, Georgia
Speaker's appointees:
Honorable James A. Mackay Representative, DeKalb County Decatur Federal Building Decatur, Georgia
Honorable Chappelle Matthews Representative, Clarke County Athens, Georgia
Honorable Thomas I. Sangster Representative, Dooly County Vienna, Georgia
Persons Appearing Before the Committee: Miss Katherine Boling, Executive Sec., Child Service Association, Inc. Mrs. W. H. Allday, Rep. of Georgia Congress of Parents and Teachers Dr. Morris W. H. Collins, Inst. Law and Gov't., University of Georgia Mr Edward Driscoll, Exec. See., Georgia Council of Churches Honorable Jack Forrester, Dir., State Dept. of Corrections Honorable Sam Harbin, Judge, Juvenile Court, Hall County Mr. J. B. Hatchett, Assoc. Dir., State Dept. of Corrections Dr. Bernard Holland, Chairman, Dept. of Psychiatry, Emory University Mr. William Ireland, Director, Georgia Training Schools
INTERIM COMMITTEE REPORTS
2259
Dr. James Johnson, Assoc. Prof, of Psychiatry, Emory Univ. Medical School Honorable Edwin S. Kemp, Judge, Juvenile Court, Clayton County Honorable Alan Kemper, Dir., State Dept. of Public Welfare Mr. William H. Riser, Jr., Chairman, Committee on Youth, Georgia Chapter
American Academy of Pediatrics
Dr. Irville H. MacKinnon, Dir., Milledgeville State Hospital
Mr. Walter Mathews, Supt., Georgia Industrial Institute
Mrs. Ben C. Milner, President, United Church Women of Georgia
Mrs. Sheffield Owen, Rep., Youth Committee, Ga. Fed. of Women's Clubs
Mr. Harold Parker, Dir. of Div. of Social Admin., State Welfare Dept.
Dr. Joseph H. Patterson, President, Georgia Pediatric Society
Mr. Louis Poetter, Dir., Court Services, Juv.-Domestic Rels. Ct., Savannah, Ga.
Dr. Claude Purcell, State Superintendent of Schools Dr. Norman Pursley, Dir., Gracewood Training School of Mentally Re tarded Mrs. Bertha Roberts, Chief, Child Welfare Div., State Dept. of Welfare Dr. Alien C. Smith, Asst. State Superintendent of Schools Miss Plorrie Still, Coordinator, Visiting Teacher Service Mr. Travis Stewart, Director, State Board of Probation Mrs. Henry Toombs, Chm., Youth Committee, Ga. Fed. of Women's Clubs Dr. John Venable, Director, State Dept. of Public Health Mr. Anton Vlcek, Exec. Dir., Beth.-Sav. Children's Center, Savannah, Ga. Honorable Stanford Willis, Judge, Juvenile Court, Muscogee County Honorable W. W. Woolfolk, Judge, Fulton County Juvenile Court
Institutions Visited: Georgia Training School for Boys, Milledgeville, Georgia Georgia Training School for Negro Girls, Macon, Georgia Georgia Training School for White Girls, Atlanta, Georgia Georgia Training School for Negro Boys, Augusta, Georgia Milledgeville State Hospital, Milledgeville, Georgia Gracewood Training School for Mentally Retarded, Augusta, Georgia Georgia Industrial Institute, Alto, Georgia Fulton County Juvenile Court, Atlanta, Georgia
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1963
Extraordinary Session 1962
PART I--ALPHABETICAL TABULATION
(House and Senate Bills and Resolutions)
PART II--NUMERICAL TABULATION
(House Bills)
PART III--NUMERICAL TABULATION
(House Resolutions)
PART IV--NUMERICAL TABULATION
(Senate Bills in House)
PART V--NUMERICAL TABULATION
(Senate Resolutions in House)
PART VI--NUMERICAL TABULATION
(Bills and Resolutions--Extraordinary Session)
INDEX
2263
HOUSE JOURNAL Part I
ALPHABETICAL TABULATION
HOUSE AND SENATE BILLS AND RESOLUTIONS
A
ABANDONMENT
HB 310 HB 462
--Minors; penalty --___--_________ --.._._______...__________...._ 469, 515 --Provide for venue------------ ___----- --____..____.____..__ 821, 870
ACADEMIC JUNIOR COLLEGE PROGRAM HB 95 --Establish as part of public school system ------------_ 240, 276
ACTIONS HB 453
--Tort; settlement, release, etc.------ --------.._._.___._..__.__.786, 828
ADAMS, CLAUBUS E. HR 169-478 --Compensate -- ._----_.---- -._--------825, 873, 1242, 1399, 1898
ADAMS, RAY L. HR 91-181 --Compensate --_--____--_-------___ 368, 393
ADDRESSES HR 176
--Geer, Peter Zack, Lt. Governor--___.____._____....__.____.._____ ------139 --Jennings, John C.
House of Commons, British Parliament ------ ._----1252 --Joint Session--To hear address by Governor __________ 878, 1035 --Powers, James E.
Nat. Commander, American Legion _..------.-------- ___. 955 --Sanders, Carl E., Governor...------..______..._.___..___ 133, 145, 1036 --Sanders, Carl E., Governor.------__---------------------_---- 1966 --Smith, George L. II -____-_,,__--___-------- 85 --Smith, George T--------__------__,,----____________...______._..__._....__ 101
2264
INDEX
ADMINISTRATORS HB 66 --Estates; compensation for extraordinary services __. 196, 244
ADOPTION HB 251
HB 605 HB 492
--Consent of non-supporting father not required ...._----...._------_------__.__------ 418, 474, 634, 642
--Laws; instruments of a testamentary gift....-__._.__ -.1230, 1325 --Remove certain grounds
for annulment ....__.__.._,_. ..... 895, 950, 969, 1149, 1524, 1972
ADVERTISING
HB 507 HB 387 HB 164 SB 123 SB 33 SB 55 HB 460
--Alcoholic beverages; no newspaper publishing company shall be allowed to advertise.______._.--________ 946, 1024
--Optometry, Opticians; unlawful to advertise price, terms of payment, etc. ...._-__.----.....--..._ 624, 673, 841
--Outdoor signs; controls for erection and maintenance ...___........__. 351, 376
--Outdoor Signs _........_.__.... 1149, 1152, 1242, 1555, 1869, 1871 --Posters, banners, placards;
illegal to post on public roads ._._.___......_. 557, 561, 632, 1555 --Regulating; providing equitable remedy
for certain violations ..___.____..__ 1249, 1249, 1329, 1557, 1859 --Revocation of licenses if convicted of
fraudulent advertising .__.......___._.._.__..__....._._____. 821, 870, 904
AGENCIES-STATE SB 6 --Consolidation and merger.__.....___.277, 305, 356, 378, 406, 517
AGRICULTURE
SB 27
HR 261
HR 262 SB 82
SR 25
HR 180
HB 473 HR 63
--Agricultural limestone; regulate registration, labeling........ 558, 560, 631, 791, 939
--Agricultural-Engineering Bldg. Relative to University of Georgia--------------------.---.1815
--Agricultural Research Study Committee: create .----____ 1816 --Citrus fruits;
set standards--------.683, 686, 737, 791, 1215, 1436, 1559 --Commissioner and State Experiment Stations,
study adverse effects of MH-30 on Tobacco _______ 300, 357 --Cotton; memorializing President
to take certain steps __________._...______....____________......_______ 916, 1035 --Define certain terms ____________ ____..____. _._.______ 823, 872, 902, 1124 --Department of: request
Commissioner to conduct program on MH-30 _______315, 379
HB 406 HB 435 HB 365 HB 44 HB 510 HR 250 HR 142 HR 188
INDEX
2265
--Georgia Fertilizer Act of 1960; define "lot", plant nutrient deficiency ...... ......_. 668, 734
--Georgia Fertilizer Act of 1960; redefine "manufacturer" _._.__.____ 783, 826, 902, 1375, 1899
--Grain; moisture testing equipment, standards for weights and measures __....._____ 621, 670, 791, 925, 1183, 1898, 1935
--Livestock dealers; record names persons bringing on livestock .__._._______.._..._.... 185, 200, 310, 361, 464
--Livestock; weighing at auction immediately prior to sale ._.. ...__.,,.. ........ .. .. .. 946, 1025
--Poultry, Georgia growers of; commend ...... ...... .....-- . 1579
--Poultry Common Market; urge President to take certain measures _..___...,,.__.__. ._.._._... .. .... ....... 637
--Tobacco; oppose move to require tagging of certain tobacco .................. ...... ....... 970, 1150
AID TO DEPENDENT CHILDREN ACT
HB 326 SB 3 HB 323
--Define "Assistance" ...... ........ . 508, 545, 1028, 1208, 1830 --Redefine "Dependent Child"....................... 557, 559, 630, 875 --Relieve certain counties,
financial responsibility ........... 507, 545, 1028, 1202, 1830
AID TO THE BLIND ACT
HB 325 HB 323
--Define "Assistance" ... __.....__.... ... 507, 545, 1027, 1206, 1830
--Relieve certain counties, financial responsibility ........... 507, 545, 1028, 1202, 1830
AID TO DISABLED ACT
HB 324
--Medical care benefits; relieve certain counties
.... 507, 545, 1028, 1204, 1830
AIRPORTS ACT, UNIFORM SB 41 --Landing fees, prohibit charges
._ ... 740, 742, 790, 1246
ALAPAHA JUDICIAL CIRCUIT
HB 628
--Payment of expenses to Solicitor-General .._...._.__ ..... 1234, 1329, 1333, 1520, 2044
2266
INDEX
ALBANY, CITY OF
HB 620 HB 614 HB 616 HB 615 HB 617
HB 621 HB 619 HB 618
--Abolish Wards ____________ .._._........ 1233, 1328, 1455, 1482, 2044
--Albany High School Stadium Authority;
create .
____...._._____..___ 1232, 1327, 1455, 1480, 2043
--City of Albany and Dougherty County; merger of independent school systems ____..1232, 1327, 1455, 1480, 2043
--City of Albany and Dougherty County; jointly acquire
lands and buildings
_ 1232, 1327, 1455, 1480, 2043
--City of Albany and Dougherty County; appropriate money from general funds to Board of Education of Dougherty County...--.._..__1232, 1327, 1455, 1481, 2043
--Corporate limits ___._.____________ _____.___1233, 1328, 1455, 1482, 2044
--Official bonds of Marshal or Chief and other personnel . _--------.....1233, 1327, 1455, 1481, 2044
--Relating to property adjacent to fire zones .______..._______......___._____...__ 1233, 1327, 1455, 1481, 2043
ALBANY HIGH SCHOOL STADIUM AUTHORITY HB 614 --Create ..__.______..._........._------._..... 1232, 1327, 1455, 1480, 2043
ALCOHOLIC BEVERAGES
HB 670 HB 332 HB 567 HB 331 HB 70 HB 69 HB 507 HB 471 HB 400 HB 555
--Authorize municipalities to enact certain ordinances ..._----_.__---- .__.--._ __._.._,,_ 1446, 1550, 1555
--Malt beverages; determine whether or not shall be sold in a county.---..--.-.------------------509, 547, 551
--Limit to 1 quart to any one purchaser _____________ 1129, 1235
--Malt beverages; 864 fluid ounces prima facie evidence of possession ._--_._._,,......_--..._ 509, 546, 551, 1080
--Malt beverages; 864 fluid ounces evidence of possession. _
198, 245, 378, 518
--Malt beverages; determine which may be sold in county...._....,,..__.. 197, 245
--No newspaper publishing company shall be allowed to advertise ....... ..___,,_ ......._...____.._..__.....__ 946, 1024
--Provide for additional duties of Revenue Commissioner _._....___......._...._._...__....._. 823, 871, 905
--Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; repeal ........-- ...__....__._.._.._... 667, 733
--State Revenue Department; authorize special agents for enforcement of liquor laws .-..-- ._.----------..1022, 1141, 1148, 1287, 1706
ALIENS SB 137 SB 139 SB 138
INDEX
2267
--Guardians committing to Milledgeville State Hospital ...__.1335, 1342, 1453, 1557, 1944, 1952, 1964
--Milledgeville State Hospital to receive aliens committed by Ordinary--..--1336, 1342, 1454, 1557, 1959
--Psychiatric hospitals to receive 1336, 1342, 1454, 1557, 1957
ALLEN, WILLIAM, SR. HR 78-157 --Compensate __.._.......___..______.....____._...-_.._....--____....-.__..-. 348, 374
ALMA, CITY OF
HB 631
--Extend corporate limits ----------- ..... 1235, 1235, 1329, 1555, 1568, 2045
ALTAMAHA SOUND
HB 269
--Close for taking of crab and shrimp with a net other than a cast net .____.____.._........__..__.__ 422, 477, 831, 941, 1829
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
HR 99-230 --Allow Governors to succeed themselves ...___...............390, 875 HR 184-535 --Board of Commissioners of Roads and Revenues;
license fees ....__.......___..._..._.........__..__........ 1019, 1138, 1245 HR 161-438 --Burke County; provide for 7 members of
Board of Education ...._......____..__.. 783, 826, 874, 1066, 2054 HR 112-267 --Clayton County; creation of Civil
Service System ..------.---------- 422, 477, 550, 591, 912 HR 113-267 --Clayton County; empower governing authority to
enact ordinances __._..._._............__......_. 422, 477, 550, 594, 912 HR 111-267 --Clayton County; licensing and regulation of business
in unincorporated areas ....... .._.__.. 422, 477, 550, 588, 912 HR 118-295 --Cobb County; creation of Civil
Service System ...-- ----------.-467, 512, 550, 600, 913 HR 197-583 --Cobb County; authorize to assess and collect license
fees and taxes ............. ...._..__. .1132, 1148, 1238, 1484, 1544 HR 20-23 --Counties; merger and
consolidation ......__.......__... 163, 191, 191, 247, 279, 289, 464 HR 30-47 --Counties; merger, procedure .____...........__..._.___......_...... 186, 201 HR 163-445 --Dental students; authorize
scholarships ............ 785, 827, 1147, 1496, 1499, 1833, 1844 HR 154-427 --Estates; wife not responsible for
husband's debts __....__.___....._._........._.._._......__.......732, 789, 1029 SR 21 --Pulton County; construction of
streets and sidewalks ......................556, 560, 631, 954, 1059
2263
INDEX
SR 22 --Fulton County; recreational
programs
_.__... -_ 556, 560, 631, 954, 1062, 1457
HR 150-426 --General Assembly to take appropriate steps in cases
of emergency resulting from
enemy attack ........ 731, 788, 791, 1192, 2054
HR 117-292 --Governor may succeed himself but may not serve
more than 2 terms .__._.... 466, 512, 875
SR 86 --Governor and Lieutenant Governor;
succession of .........____________ __.___._....... 1708, 1722, 1825, 1827
HR 58-130 --Hart County Industrial Building Authority;
create .__-_.__-___....__.__. 303, 354, 398, 576, 912
HR 48-107 --Homestead exemption increase; amendment to the
Constitution ..........___._........_.._...__..__.. _______________ 271, 308
HR 101-230 --Homestead exemption; $4,000 exemption to persons
65 years of age or older _ .___.._ 390, 429
HR 115-272 --Jeff Davis County; capital improvements of
new industries ... _.. _________..__._....__. 423, 478, 550, 597, 912
HR 17-16 --Motor vehicles; tangible property for ad valorem tax purposes ... ____ ... 161, 189, 202, 284, 398
HR 146-408 --Oconee County; establish fire protection system ...__.___......____.....668, 735, 792, 1069, 2053
HR 59-137 --Office of Probate Judge; create _____________ 304, 355 HR 93-181 --Oil and mineral proceeds from State lands to
be appropriated for education ...__........--..._..,,_.. 368, 394 HR 40-77 --Pharmaceutical students; scholarships ______ 237,274 HR 119-295 --Prohibit Homestead Exemption from ad valorem
taxation for school purposes _______.___.___ __._.____.__ 467, 512 SR 4 --Provide number of members, Senate _____ 66, 67, 71, 71, 80 (Ex. Sess.) HR 42-107 --Rockmart Development Authority;
create ____.__..______.._..__.._...___..._..._ ....... 270, 308, 377, 572, 911 HR 135-346 --Savannah District Authority; create __...____.___._. 542, 628 HR 19-23 --State Highway Board, members qualifications,
tenure ........................................ 163, 190, 192, 215, 299, 433 SR 7 --State Senators; provide for
4 year terms .--------..... ..------..-- . --.. 278, 306, 356, 1032 HR 160-438 --Superior Courts establish fire protection districts 783, 826 HR 102-230 --Telfair County; officers ineligible to hold office
under certain conditions ........ _.... 390, 429, 480, 585, 912 HR 182-517 --Voters entitled to vote on issuance of bonds,
taxes on property.................---.._........_........._.. 948, 954, 1026 HR 58-157 --White County; election of members
of Board of Education ___________ 349, 375, 550, 581, 912
AMERICAN HISTORY MONTH
SB 121 SR 55
--Designate February _____ 1151, 1152, 1242, 1333, 1856, 1858 --Designate ___........._..__..........__.._._.... .._........_.........._......_..._. 793, 1166
INDEX
2269
AMERICAN LEGION HR 276 --Congratulations to.-----------------.._------._-...---- 2022, 2055
ANDREW FEMALE COLLEGE
HB 438 HB 57
--Change term of office of Trustees--783, 826, 873, 881, 1246 --Term of trustees--_.....--------------__-195, 243, 279, 279
ANNULMENT HB 492
--Adoption laws; remove certain grounds for annulment..... 895, 950, 969, 1149, 1524, 1972
APARTMENT OWNERSHIP ACT HB 312 --Create .--,..--. -- .-------------- 470, 515, 634, 652, 1458, 1472
APALACHICOLA RIVER SR 32 --Relative to development of.-----.-------------------- 380, 381
APPELLATE COURTS
SB 46
--Costs for transmitting transcript of record.----.----___-----.-------556, 561, 632, 676, 1220
APPLING COUNTY
HB 433 HB 434
--Board of Commissioners of Roads and Revenues, filling of vacancies.----.----------782, 825, 874, 881, 1458
--Board of Education, number of votes required for official action----_----783, 825, 874, 881, 1458, 1763
APPROPRIATIONS COMMITTEE
HR 70 HR 64
--Adjournment for Budget Study---------------- 321, 342, 380 --House; relative to.--------_--_----.----_------_..___----317
APPROPRIATIONS ACT, GENERAL
HR 263 HB 48
--Interim Committee.------------------------------.---- 1819 --General Appropriations Act;
provide for..------.187, 201, 737, 796, 817, 854, 858, 1558, 1586, 1709, 1765, 1810, 1834
2270
INDEX
ARCHITECTS SB 106 --Credit for military service---- _._,915, 949, 1027, 1243, 1800
AREA REDEVELOPMENT FINANCE ADMINISTRATOR HB 340 --Provide short title.......________.------------540, 627, 1028, 1412
ARMSTRONG JUNIOR COLLEGE
HB 245
--Mayor of City of Savannah shall be only ex-officio member of College Commission .__----.--.417, 473
ARNOLD, HONORABLE LUKE S. HR 73 --Sympathy for passing of----__------ __----_---------- 322, 379
ASSURANCE DEPARTMENT, STATE EMPLOYEES SB 84 --Create ... . 839, 868, 901, 1149, 1528, 1559, 1792, 2057
ATLANTA, CITY OP
HB 36 --Business license.------_.----------..184, 199, 311, 335, 344, 555 HB 356 --Change corporate limits ._.___.--------.543, 630, 791, 847, 1338 HB 624 --Civil Court, create office of
Judge Emeritus--__-.-..-----1234, 1328, 1455, 1482, 2044 HB 196 --Corporate limits, enlarge___________________ 371, 396, 677, 689, 906 HB 198 --Corporate limits, change.----.----..--_.371, 396, 677, 689, 906 HB 347 --Criminal Court; provide for Clerk... 542, 628, 953, 960, 1338 HB 34 --Employees' insurance..--------.----.--184, 199, 311, 335, 555 HB 137 --Enlarge corporate limits.--..----. .--.304, 355, 480, 485, 678 HB 32 --Fire Department; amend
pension system -------------_----183, 199, 312, 360, 833 SB 103 --Fulton County Civil Court ...--_...----......----...915, 949, 1027 HR 134-346 --Fulton County-City of Atlanta Study Commission;
extend time for making report..... 542, 628, 953, 960, 1335 SB 134 --Method of filling vacancies,
Board of Aldermen..----------------1336, 1341, 1453, 1490 HB 29 --Pensions for fire department....___ _____ 183, 198, 312, 359, 833 HB 30 --Pensions for police department..----183, 199, 312, 359, 833 HB 236 --Pensions to officers and employees,
refunds in case of death... ----. ----.391, 430, 677, 689, 907 HB 33 --Police Department; amend
pension system.------.--_...----..--.184, 199, 312, 360, 833 SR 123 --Police Department; commend..............----------__...... 2039, 2040 HB 28 --Refund of pension contributions _._.___183, 198, 312, 358, 833 HB 237 --Relating to annual reports---------392, 430, 677, 690, 907
INDEX
2271
HB 136 --Relating to pensions of Police Department ----------------.----304, 355, 677, 695, 906
HB 31 --Relating to Treasurer----....-- 183, 199, 312, 314, 359, 833 HB 25 --Sale of personal property...--.___------ 182, 198, 311, 334, 554 HB 27 --Sewers through public property..183, 198, 311, 335, 344, 554 HB 26 --Water mains in East Point .......183, 198, 311, 334, 344, 554 HR 32-68 --Western & Atlantic Railroad;
conveyance of State property------------------197, 244, 278
ATHENS, CITY OF
SB 16 HB 253
--Eligibility to vote for mayor and alderman.-------- .... --------._.... 557, 560, 631, 738, 745
--Quorum for transaction of business before City Council--.-----------.418, 474, 549, 565, 835
ATHENS OPEN HOUSE HR 23 --Expressing appreciation for----------------------.--.156, 235
ATLANTA JUDICIAL CIRCUIT
HB 268 HB 476
--Selection and removal of Chief Judge--------------------422, 477, 550, 567, 1829
--Solicitor-General to fix compensation of assistants----_------_-----.--824, 872, 953, 961, 1334
ATLANTA MINISTERIAL ASSOCIATION HR 245 --Thank for breakfast -------------------------------------_ 1575
ATTORNEYS (See Bar)
HB 330 HB 235 HB 386
--Bar examinations; Justices of Supreme Court to fix dates for holding--..509, 546, 873, 927, 1460
--Judges in Court of Record allow fees certain cases.------..------------------391, 430, 432, 609
--Practice of law; residence requirements of applicants -624, 672, 676, 773, 914, 1369
ATTORNEY GENERAL HB 311 --Shall appoint all assistant Attorneys General------..470, 515
AUCTION HB 510
--Livestock; weighing immediately prior to sale--...946, 1025
2272 AUDITORS
HB 557 HB 556
INDEX
--Fees shall be taxed by judge ....,,._...... 1023, 1142, 1146, 1540, 1899, 1929
--Fees shall be determined by trial judge making such referral 1022, 1141, 1146, 1538, 1972
AUDITOR, STATE
HB 638
--Time for furnishing copies of audit to members of the General Assembly........ 1321, 1334, 1450, 1643, 2052
AUGUSTA, CITY OF
HB 649 HB 585
--Board of Civil Service Commission for the City Council; create ....... 1323, 1451, 1555, 1570, 2046
--Establish Municipal Court ..... ........._......._.._. 1133, 1239, 1331, 1361, 1707, 1838
AUTHORITIES
HB 614 HB 558
HB 292 HB 551 SB 59 HB 608
HB 496 SB 126 HB 110 HB 72 HB 283 HB 281
HB 443
--Albany High School Stadium Authority, create ........._._....._. 1232, 1327, 1455, 1480, 2043
--Brunswick and Glynn County Development Authority; appointment and terms of members ._._._........ 1023, 1142, 1148, 1264, 1703
--Burke County Development Authority, create ._.__._....__..-.__......__.466, 511, 550, 570, 837
--Carrollton Payroll Development Authority, create .------ -- ._ 1022, 1141, 1148, 1263, 1703
--Cedartown Development Authority; create ._-............. 915, 949, 1027, 1148, 1266
--Clayton County Water Authority; change composition of membership _ 1231, 1326, 1455, 1479, 2042
--Cobb County-Marietta Water Authority ...__......_... - 896, 951 --Cobb County Marietta Water
Authority; create---..--- 1336, 1341, 1453, 1556, 1573 --Dublin-Laurens County Development
Authority, create _.--.----------.-- 271, 309, 677, 688, 906 --Fitzgerald and Ben Hill County
Development Authority, create .__._. 236, 272, 311, 337, 556 --Georgia State Highway Authority Act;
change membership ----_.........__...___._ 425, 479, 551, 660, 837 --Georgia State Highway Authority Act;
Director of State Highway Board shall not constitute membership--.------ 424, 479, 551, 656, 836 --Georgia Ports Authority; remove limitation on the issuance of bonds --------784, 827, 1334, 1670, 2051
INDEX
2273
HB 280 --Georgia Rural Roads Authority Act; change membership..--__----------.424, 479, 551, 654, 836
HB 679 --Greene County Development Authority, create __--------__----1447, 1551, 1696, 1716, 2048
HR 58-130 --Hart County Industrial Building Authority; create; amend ment to the Constitution.._--------.--303, 354, 398, 576, 912
HB 472 --Hospital Authorities Act; method of appointment of trustees.---------------.823, 872, 1146
HB 501 HB 24 SB 148 HB 90 HB 523 HB 610
--Hospital Authorities Law; contracts for maintenance and use of facilities...___..----------897, 952, 1029, 1299, 2051
--Industrial Development Authority; create in each county, city--.----163, 191, 739, 984, 1460
--Jekyll Island State Park Authority; assure income to be used in maintaining.-- ......... 1461, 1463, 1553, 1556, 1912
--Jesup-Wayne County Airport Authority, create .----------.._--.- 239, 275, 311, 340, 552
--Lake Lanier Islands Development Authority; change method of appointing members ------..----_--_..___ .1016, 1137, 1246
--Library Authority; create in each county and municipality----_--_--..-------1231, 1326
HB 552
--Mt. Zion, Turkey Creek and Flint Corner Development Authority; create.------__------_ 1022, 1141, 1148, 1263, 1703
HB 419
--Middle Georgia Coliseum Authority, create ...------,,--------730, 787, 875, 1301, 1706
HB 571
--Morgan County Development Authority, create ----___------.1129, 1236, 1331, 1359, 1704
SB 12
--North Georgia Mountains Authority; create ............ 300, 306, 357, 378, 437, 557, 640, 1710, 1919
HR 42-107 --Rockmart Development Authority; create; amendment to the Constitution ....... 270, 308, 377, 572, 911
HB 346 --Savannah District Authority Act of 1963, create __ 541, 628
HR 135-346 --Savannah District Authority; create; amendment to the Constitution ......_--.__...__..... __.._. 542, 628
HB 399
--Savannah District Authority; filling of vacancies due to expiration of terms ................--._. 667, 733
HB 172
--Screven County Industrial Development Authority, create --------------------366, 392, 480, 487, 680
HB 8
--State Office Building Authority; revenue bonds.---------------------- 159, 188, 191, 228, 431
HB 282
--State Toll Bridge Authority Act; change membership.----_.___..------_. 425, 479, 551, 658, 837
HB 366
--Tift County Development Authority; define powers and duties ------.__... 621, 670, 738, 747, 1339
2274 HB 598
INDEX
--Turner County Development Authority; further define and prescribe powers and duties------------...1135, 1241, 1331, 1363, 1706
AUSTELL, CITY OF HB 474 --Corporate limits------------------824, 872, 904, 919, 1341
AUTOMOBILES (See Motor Vehicles)
HB 173
--Regulate purchase of used motor vehicles and parts therefrom .____,,..._ 366, 392, 481, 529, 1034, 1045
AVERA, TOWN OF
HB 242
--Provide for mayor and councilmen in lieu of board of aldermen----------..----416, 473, 549, 563, 1337
B
BACON COUNTY
HB 243
--Provide for dividing into commission districts......__..._-. ....... 417, 473, 549, 563, 834
BAGBY, GEO. T.
Representative, Paulding County; Oath of office administered to______.._.... __...._.______------_.___----..7, 11
BAGGETT, REV. ROBERT
Newnan (Coweta County) Ga.; Prayer by--._..__------____--------------__.-__--_.,,.--__.....142, 155
BAILEY, J. T. HR 173-484 --Compensate ............_--_____._------866, 899, 1242, 1400, 1898
BAINBRIDGE, CITY OF
HB 234
--Employees retirement system, age limit------------------------_-391, 430, 481, 494, 682
INDEX
2275
BAKER COUNTY
HB 468 HB 467 HB 466
--Clarify compensation of tax collector and receiver---- 822, 871, 1029, 1058, 1707, 1840
--Compensation of Clerks of Superior Court and Ordinary--------822, 871, 1029, 1058, 1707, 1839
--Compensation of Sheriff----------------822, 871, 1029, 1058
BALDWIN COUNTY
SB 114
--Create Civil and Criminal Court ........1459, 1462, 1552, 1827, 1835, 1903, 1937, 1951
BANKS SB 68
SB 70
HB 398
HB 6 SB 71
HB 133 HB 43 HB 192
HB 193 HB 417
HB 191
HB 194
SB 69
---Capital stock of banks applying for charters, to be paid in ...................684, 685, 736, 1028, 1802
--Changing percentage that a bank may invest in property------ 684, 685, 736, 1151, 1330, 1806
--Define "City", "Town", and "Village"______--___-_._-____626, 674, 1628, 1505, 2050
--Disposition of property----------------------_----__159, 188
--Fee paid by applicants for charter----------684, 685, 736, 1028, 1808, 1823, 1994
--Limit of loans--------------------------_------_-304, 355
--Punishment for robbery of..--------_------.----..185, 200, 432 --Purchase of capital stock in bank
service corporations--------------------------370, 395, 675 --Relocation of main office.-......_------.370, 395, 675, 769, 1699
--Savings and Loan Associations; method for incorporation----------------_..._._...-730, 787
--Stock certificates; provide for methods of receipt-__--------------370, 395, 675, 767, 1699
--Stockholders vote authorizing change in location of office.----.......----------370, 396, 675, 775, 1699
--Superintendent of; office not open on Saturday------------------739, 742, 790, 1028, 1804
BANKS COUNTY
HB 174
--Superior Court; provide for terms ----.----366, 392, 831, 849, 1337, 1457, 1558, 1763
BANKS, E. W. HR 79-157 --Compensate ----_----------_____------------------348, 374
2276
INDEX
BAR (See Attorneys)
HB 330 HB 386 SB 62 HB 315
--Examinations; Justices of Supreme Court to fix dates for holding --.-------- 509, 546, 873, 927, 1460
--Practice of law; residence re quirements of applicants--.___624, 672, 676, 773, 914, 1369
--State Bar of Georgia; create --------------------682, 685, 736, 829, 831, 886, 971
--State Bar of Georgia; establish _____.----------.._ 470, 515
BARBER AND BEAUTICIAN EXAMINERS, STATE BOARD OP --Interim Committee Report -----.-----.--------------_. 2058
BARBERS (See Cosmetologists; Beauticians)
HB 104
HB 217 HB 226
--Exempt from certain regulations of
State Board of Examiners ______
269, 307, 397
--Relating to posting of signs at main entrance.----.--388, 427
--State Board of Barber and Beauticians
Examiners; abolish--....389, 428, 548, 617, 979, 1247, 1366
BARGERON, HONORABLE JOHN JONES HR 128 --Sympathy for passing of----_---_--____-.--_--_______ ,,______ 499
BARROW HIGH SCHOOL HR 254 --Commend student----------.--__--___,,------------_--------. 1583
BARTOW COUNTY
HB 81
HB 79
HB 80
HB 78 HB 82 HB 83
--Commissioner of Roads and Revenues, compensation of clerical help ______.. 238, 274, 311, 339, 553
--Compensation of Deputy Clerk of Superior Court----_--------------__.. 238, 274, 311, 338, 553
--Compensation of Ordinary's clerical help..--------------------.238, 274, 311, 338, 553
--Compensation of sheriff's deputies^ 237, 274, 311, 338, 553 --Create office of Tax Commissioner __ 238, 274, 311, 339, 554 --Office equipment, etc. of Sheriff_______ 238, 274, 311, 339, 552
BASKETBALL GAME
HR 266 SR 75 HR 204 HR 294
SR 54
--House; Appreciation to--------_--______-------__ 1887 --Basketball game; House and Senate------------------1249 --House and Senate, game between------__--___.___------..1074 --Relating to basketball teams of Crawford
County and Calhoun County------_.------_------__--2035 --Senate and House--------------_--_------_----793, 1073
INDEX
2277
BATTEY STATE HOSPITAL
HR 159-429 --Colonial Pipeline Company; easement for right-of-way--------------733, 789, 1031, 1417, 1831
HR 236-679 --Create committee to study operation and facilities ----------------------_------..1448, 1551, 1698
BATTLESHIP MISSOURI
SR 53
--Urge Budget Bureau to make funds available to maintain--_-------..-.-..--..-- ---------793, 853
BEAUTICIANS (See Barbers, Cosmetologists)
HB 225 HB 104
HB 217 HB 226
--Cosmetology; define--.------.-......389, 428, 548, 1002, 1247 --Exempt from certain regulations of
State Board of Examiners___.__......___----269, 307, 397 --Relating to posting of signs at main entrance-------388, 427 --State Board of Barber and Beauticians
Examiners; abolish--. 389, 428, 548, 617, 979, 1247, 1366
BELL, MRS. RICHARD L. HR 49-107 --Compensate .------..._--------------_. 271, 308, 1242, 1391, 1900
BEN HILL COUNTY
HB 72
--Create Fitzgerald and Ben Hill County Development Authority ....--. _.... 236, 272, 311, 337, 556
BIBB COUNTY
HB 667
--Civil Court, pension and retirement compensation of Judge Emeritus------------1445, 1549, 1696, 1713, 2047
BIBLE HR 15-9 --Suspend Sales Tax on .. _ __._. . . . 160, 188, 202, 224, 398
BIRDS (See Game and Fish)
HB 477 HB 512
--Prohibit hunting and taking of certain birds----------824, 872, 1030, 1432, 1902, 1980
--Waterfowl; agreements between Georgia and bordering States --------....----.947, 1025, 1333, 1532
2278
INDEX
BLACK, PATROLMAN RAYMOND M. HR 247 --Commend ------------------__.------------------1576, 1832
BLALOCK, HONORABLE D. B. HR 237 --Commend ....--------------__.___._.------------_.----_. 1464
BLANKENSHIP, MRS. MARION C. SR 125 --Sympathy for passing of---....------------------2038, 2056
BLECKLEY COUNTY
HB 335
HB 334 HB 333
--Compensation of Commissioner of Roads and Revenues.--------------510, 547, 633, 698, 908
--Compensation of Ordinary-..-510, 547, 633, 698, 908, 1763 --Create office of Tax Commissioner--510, 547, 633, 744, 907
BLIND HB 325 HB 323 HB 327
--Aid to Blind Act; define "assistance"--------.-----507, 545, 1027, 1206, 1830
--Aid to the Blind Act; relieve certain counties, financial responsibility.--.---- .507, 545, 1028, 1202, 1830
--Georgia Factory for the Blind; observe all State holidays with pay.-.------508, 546, 875, 1115, 1558
BLUE LAW SB 11
--Commercial establishments closing on Sunday ----.----.----464, 510, 547, 1029, 1669, 1722, 1726
BOARD OF DENTAL EXAMINERS
HB 175 HB 176
--Compensation of members----.----367, 393, 874, 1005, 1828 --Dental Hygienists: fees paid
not be refundable..---------------.367, 393, 874, 1008, 1706
BOARD OF EDUCATION, STATE (See Education; Schools)
HB 100 HB 35
--Educational television; establish instructional courses ..----.241, 277, 1145, 1256, 1330, 1490, 1898, 1926
--Old Age and Survivors Insurance.--184, 199, 549, 641, 1337
INDEX
2279
BOARDS OF EDUCATION, COUNTY
HB 254 HB 527
--Authorize payment of traveling expenses to board members-----------------------418, 474, 548, 707, 871
--Power to equip facilities beyond 12th grade.______~--.---1017, 1137, 1145, 1514, 1602, 1986
BOARD OF EXAMINERS IN OPTOMETRY (See Optometry) SB 80 --Clarify authority--------.---740, 743, 790, 874, 1665, 1710
BOARD OF REGENTS SR 43 --Request dormitories for Southern Tech.--..----------------399
BOARD OF REGISTRATION FOR PROFESSIONAL
ENGINEERS & SURVEYORS HB 52 --Members per diem expense
allowance ...------194, 242, 310, 363, 364, 366, 1169, 1829
BOARDS (See Commissions)
HB 50 HB 147
--Create Board of Floral Designers................194, 242, 278, 411 --Real Estate Investment Board,
Georgia, create.......__----------.----346, 372, 397, 441, 682
BOLTON, HONORABLE ARTHUR K.
Appointed administrative floor-leader--------------------.----------------.----192 HR 226 --Congratulations to....------------------------..----------------. 1345
BONDS
HB 548 --Collection Agencies; provide for filing of....1021, 1140, 1334 HR 182-517 --Issuance of; voters entitled to vote on;
amendment to the Constitution.............. ...-- 948, 954, 1026 HB 513 --Political subdivisions authorized
to purchase blanket bonds covering employees.------------.947, 1025, 1029, 1305, 2051 HB 97 --Tax Collectors and Tax Commissioners; amount of bond--------------------_____------_--..._ 241, 277 HB 96 --Tax Collectors and Tax Commissioners; requirements ____--------------------.241, 276, 313, 361, 551 HB 671 --Workmen's Compensation; return of bonds to self-insurers...___...._....--...__1446, 1550
2280
INDEX
BOSTON, CITY OF
HB 230 HB 229
--Change in the election of Marshal.. 390, 429, 481, 493, 682 --Election of Clerk and Treasurer...__.. 390, 429, 481, 493, 679
BOSTWICK, GEORGE H. HR 189 --Commend --_--_------------_--____..------------ 969, 1150
BOWDON, CITY OF
HB 416
--Relating to mayor and city council--------------------------730, 787, 831, 849, 1340
BOWLES AND TILLINGHAST, INC. HR 190-565 --Compensate -__--__.--.--.1024, 1143, 1246, 1408, 1898
BRANCHES HB 402
--Landowners responsible for keeping free from debris____----_.__,,----___----___667, 734
BRANTLEY COUNTY
HB 629
--Compensation of Commissioners of Roads and Revenues_----..-------__ 1234, 1329, 1455, 1483, 2045
BRIDGES (See Named Bridge)
HR 166-470 --Designate Alva P. Hopkins, Jr. Bridge --.._--------------------- 823, 871, 1243, 1536, 1901
HR 151-426 --Designate S. A. Hodge, Sr. Bridge --_----__------_-------_---- 732, 788, 1028, 1276, 2054
BROOKS COUNTY
HB 663 HB 233
--Compensation of Clerk, Board of Commissioners--------_--.---1445, 1549, 1696, 1712, 2046
--Small Claims Court; create...--._----_ 391, 430, 549, 562, 834
BROOKS, RIZER HR 140-395 --Compensate ----_-----------------_--....._...__----....... 626, 674
INDEX
2281
BROOKS, HONORABLE WILSON
HR 114
--Wishing speedy recovery,.------------,,--......---.-.--..__..... 400 --Letter from _.........._.. _._..-------- ..------..--._----__------.. ... 1837
BROWN, HONORABLE LAWRENCE J. HR 273 --Sympathy for passing of._----...._--------_----.----------.- 1892
BROWN, HONORABLE THOMAS J. HR 285 --Wishing speeding recovery.-----..----...------- --
.. 2030
BROWN, PROFESSOR E. J. HR 172 --Sympathy for passing of.--------_--------------------.-- . 853
BRUNSWICK, CITY OP
HB 558
HB 94 HB 566 HB 276
--Brunswick and Glynn County Development Authority; appointment and terms of members--.....--1023, 1142, 1148, 1264, 1703
--Certain ad valorem taxation provisions, not affect.----....----_----240, 276, 312, 341, 553
--Commissioner at Large shall be designated as Mayor.,..------..1129, 1235, 1331, 1358, 1704
--Compensation of the Solicitor of the City Court..---- ..----... ..._., 424, 478, 738, 755, 907
BRUNSWICK JUDICIAL CIRCUIT SB 100 --Salary of Secretary.. ... ... 839, 868, 901, 1365, 1556, 1572
BUDGET BUREAU (See Appropriations)
HR 240 HB 48
HB 64
--Make funds available for repair of grave of Elijah Clark __ 1465, 1552, 1556, 1729, 1832, 2055
--Provide for General Appropriations Act ... 187, 201, 737, 796, 817, 854, 858, 1558, 1586, 1709, 1765, 1810, 1834
--State Budget Officer, define duties ...196, 244, 396, 459, 741
BULLOCH COUNTY HB 464 --Compensation of Coroner _.------.822, 870, 1331, 1483, 2041
2282 BURIAL
SB 147
INDEX --Desecration; penalty for------1574, 1598, 1694, 1697, 1858
BURKE COUNTY
HB 292 --Create Burke County Development Authority ------------466, 511, 550, 570, 837
HR 161-438 --Provide for 7 members of Board of Education; amendment to the Constitution.... 783, 826, 874, 1066, 2054
HB 531 --Salary of Coroner ___....._______.....--1018, 1138, 1147, 1259, 1701
BURKE, MRS. CLAUDE B. HR 22 --Express sympathy for passing of _--._,,-- _ _ . 83
BURTON, HONORABLE JOE N. HR 279 --Appreciation to._........_...____.___...--_...._...._._-._.._...__....______. 2025
BURTON, MRS. R. C. HR 98 --Sympathy for passing of-.-..---.-.---.---------381, 431
BUS DRIVERS (See Schools, Education) HB 684 --School; increase minimum salary.___..._----______----1547, 1693
BUSES, SCHOOL
HB 102 SB 26
--Discharge of passengers ----839, 869, 901, 1145, 1798, 1833 --Drivers; obtain a chauffeur's
license ------------..--....------...-.558, 560, 631, 792, 1955
BUTLER HIGH SCHOOL HR 275 --Commend Girls' Basketball Team.------------.-------- 2021
C
CALHOUN COUNTY
HB 46 HB 118
--Change terms of Superior Court .--.....186, 201, 310, 360, 555 --New charter --_____--------_.------...301, 352, 397, 495, 678
CALLENBACK, RALPH R. JR. HR 192-579 --Compensate --------------------.1131, 1237, 1553, 1737, 2054
INDEX
2283
CALLIHAN, LUTHER HR 95-188 --Compensate
. - _---------- 369, 395, 1242, 1393, 1900
CAMDEN COUNTY HB 165 --St. Andrew's Sound; prohibit crab fishing------ 351, 376, 832
CAMILLA, CITY OF
HB 204
--Number of positions on Board of Aldermen -------------------------.386, 426, 480, 489, 681
CAMPBELL, REV. NORTON --Dahlonega (Lumpkin County) Ga.; prayer by.-------- 233, 267
CANDIDATES HB 380 --Relating to newspaper libel...-------.------....-----.....--.-- 623, 672
CANDLER COUNTY
HB 287
--Board of Road and Revenue Com missioners; compensation of clerk--465, 511, 550, 570, 837
CANTON, CITY OP
HB 21 HB 22
--Increase corporate limits .._------__.----..162, 190, 202, 205, 554 --Increase corporate limits ...------...-.--162, 190, 202, 206, 554
CAPITAL PUNISHMENT (See Crimes)
HB 40
--Exclude under 21 years of age----.185, 200, 397, 519, 916, 966, 1049, 1151, 1197, 1598, 1601
CARPENTER, HARLEY E. HR 83-157 --Compensate ____.....----------._.--------.....----..._..._------...348, 374
CARROLLTON, CITY OP
HB 551 HB 403
--Create Carrollton Payroll Development Authority ......_-__1022, 1141, 1148, 1263, 1703
--Rate of taxation for school purposes 667, 734, 904, 920, 1339
2284
INDEX
CATOOSA COUNTY
HB 526 HB 362
--Board of Utilities Commissioners, create _________ 1017, 1137, 1147, 1258, 1701
--Clerical assistant to the Sheriff _______ 544, 630, 677, 694, 1700
CEDARTOWN, CITY OP
SB 59
--Create Cedartown Development Authority................. 915, 949, 1027, 1148, 1266
CENSUS HB 410
--Federal; establish effective date as used in statutory law _______ _____ 669, 735, 954, 1309, 1831
CENTERVILLE, CITY OF HB 368 --Salary of Mayor and Councilmen ....... 621, 670, 738, 748, 909
CERTIFIED PUBLIC WEIGHERS HB 481 --Method of weighing farm and forest products 866, 899, 1030
CHAMBLEE, CITY OF
HB 278
--Rate of sanitary taxes authorized to be levied....................... 424, 478, 550, 568, 836
CHAPLAINS (See Named Chaplain)
--Baggett, Rev. Robert; Newnan (Coweta
County) Ga. .-........_..._--.-......__---..-.---.--.- .. 142, 155
--Campbell, Rev. Norton; Dahlonega (Lumpkin
County) Ga. .-..--.-._----.--__-_---.----- 233, 267
--Coyle, Rev. J. Frank; Gainesville, Ga. ....__................._.___.______.. 781
--Crosby, Rev. Carroll; Lakeland, Ga. _______..._ ____________ ... 819
--Cummins, Rev. Geo. W., Jr.;
Cairo, Ga.--Prayer by
__ ___ _____1821, 1894
--Durden, Elder John D.; Swainsboro
(Emanuel County) Ga. ___________ 5, 18, 24, 31, 38, 45, 70, 74
--Edmondson, Rev. C. C.; Montezuma, Ga.....__........ ._ _ 864
--Fulford, Rev. B. M.; Moultrie (Colquitt
County) Ga. ______ ________..____________..._._____________.__182, 193
--Griffin, Rev. James; Chicamauga, Ga. ________ ....... 1228
--Holloway, Rev. Ed; Lumpkin, Ga. ______________ ________ ...... 727
--Hooks, Elder V. H., Sr.; Lexsy
(Emanuel County) Ga. .........._..__......_....._.........._..._.... 93, 115
INDEX
2285
--Kennedy, Rev. Lewis; Thomasville, Ga. .__..-----.--______ 1128 --Lewis, Rev. L. Y.; Cairo, Ga., Prayer by .----..--.---..1442, 1545 --Miller, Dr. Joe; Cleveland, Ga.------_----------.--------...666 --Miller, Rev. Ellis; Cairo, (Grady County) Ga. __.----. 343, 365 --Newton, Rev. Clarence S.; Warner Robins, Ga..--.------..--538 --Payton, Rev. Kenneth L.; Lithonia, Ga.--..._------._--. ... 619 --Porterfield, Rev. Ralph; Atlanta
(Fulton County) Ga....----------.....------.------.___ 298, 383 --Robertson, Rev. Vernard; Americus, Ga. ._......_.----..._...--.....506
Smith, Rev. Jack--Sylvania, Ga., Prayer by--..-.---. 1688 --Startup, Rev. Kenneth M.; College Park, Ga. .._._--. 893, 944 --Tanner, Dr. Grover, Jr.; Bremen, Ga.; Prayer by.-- ---- 1317 --Walker, Rev. Charles O.; Jasper
(Pickens County) Ga. ...--..--.,,.-._.._ .--._..... ....... 415, 462 --Withers, Rev. Harold B.; Ft. Valley, Ga. ...... .. ..... 1014
CHENEY, TOM
HR 16 --Commend--------.._._----.----_-.----------...----_...... ......
29
(Ex. Sess.)
CHARITABLE ORGANIZATIONS
HB 650 HB 685
--Professional Fund Raising; redefine certain words ...... _..__--------._.__.1323, 1334, 1451, 1758, 2052
--Professional Fund Raising; registration of religious organizations.----.__.___________ .1547, 1693
CHARLTON COUNTY
HB 371 HB 370
--Board of Commissioners of Roads and Revenues; reduce to 3 members --622, 670, 738, 749, 909
--Compensation of county employees ... 622, 670, 738, 748, 909
CHATHAM COUNTY SR 41 --52nd Street extended ___------..------ 556, 561, 632, 1331, 1364
CHATTAHOOCHEE COUNTY HB 465 --Create office of Tax Commissioner 822, 871, 904, 919, 1310
CHATTAHOOCHEE RIVER SB 32 --Relative to the development of...----....----..__.._.._--------. 380, 381
2286
INDEX
CHATTOOGA COUNTY
HB 16
HB 11 HB 12 HB 15 HB 13 HB 14
--Compensation of Commissioner of
Roads and Revenues ........._._._____.,,.._........-161, 189, 202, 204
--Salary of Clerk of Superior Court.------161, 189, 202, 203
--Salary of Ordinary.._....._.........__._._.___.__..........._. 161, 189, 202, 203
--Salary of sheriff ..._..--.------------......-....----161, 189, 202, 204
--Salary of Tax Collector
__..._..._.....___161, 189, 202, 204
--Salary of Tax Receiver .______._..__.___..... ------ 161, 189,202,204
CHEROKEE COUNTY
HB 329 --Commissioners of Roads and Revenues; compensation of Clerk ... 508, 546, 633, 698, 907
HB 286 --Compensation of Sheriff, Clerk of Superior Court, Tax Commissioner and Ordinary .......___._..._...__._...____......465, 511, 550, 569, 837
HE 148-422 --Conveyance of certain property. ...731, 787, 1031, 1216, 2053
CHEROKEE INDIAN NATION
HR 57-130 --Develop as tourist at traction; appropriations to Georgia Historical Commission _..,,.._...... 303, 354, 902, 1554, 1562, 1765, 2052
CHILDREN (See Minors)
HB 326
--Aid to dependent; define assistance ...._.__._.__..._.._. ... 508, 545, 1028, 1208, 1830
CIGARS AND CIGARETTES (See Taxation) HB 490 --Tax imposed shall be upon the person purchasing ... 895, 950
CITIES (See Municipalities)
HB 88
--Standards for incorporating municipalities .___._._...___......-....___....._.. 239, 275, 432, 523, 1706
CITRUS FRUITS SB 82 --Set standards ----..........683, 686, 737, 791, 1215, 1436, 1559
CITY COURTS SB 129
--Create in certain counties, population 4,540 to 4,550....__._...__.__........._.__ 1336, 1341, 1453
INDEX
2287
CIVIL COURTS SB 44 --Minimum filing fee _.____--.--------_..__.._._____--._ 916, 948, 1026
CIVIL DEFENSE
SB 143 --Fallout shelters included in government buildings .--___----__ 1708, 1721, 1824, 1826
HR 150-426 --General Assembly to take ap propriate steps in cases of emergency resulting from enemy attack; amendment to the Constitution _____----------_--.731, 788, 791, 1192, 2054
HB 426 --Georgia Civil Defense Act of 1951; provide organization in each county _--------____------_----.--.._--.731, 788, 791, 1190, 1897
HB 688 --Special license tags for members......----..--.._......___.. 1548, 1694
CLAIMS HB 247
--Liability Insurance; manner of settling claims of third party ____._.417, 473, 1029, 1428, 1899, 1928, 1942, 1949, 1975, 2000
CLAIMS ADVISORY BOARD HB 594 --Create _------------...._.._-.1134, 1240, 1554, 1618, 1901, 2004
CLARK, ELIJAH
HR 240
--Urge Budget Bureau to make funds available for repair of grave.----...1465, 1552, 1556, 1729, 1832, 2055
CLARKE, C. W. HR 80-157 --Compensate ._.__----_.__......__.....__.----_---.._------.._,, 348, 374
CLARKE COUNTY HB 576 --Establish Juvenile Court... 1130, 1237, 1692, 1698, 1782, 2041
CLAYTON COUNTY
HB 219
--Board of Commissioners of Roads and Revenues; compensation of chairman..--..--.--..388, 428, 481, 492, 679
2288
INDEX
HB 580 --Civil and Criminal Court,
election, duties, etc.
of Judge and Solicitor _______ ..__1131, 1237, 1331, 1360, 1704
HB 608 --Clayton County Water
Authority; change composition
of membership .___.___.______.____._ 1231, 1326, 1455, 1479, 2042
HB 220 --Create office of Tax Commissioner.______.388, 428, 481, 492, 679
HE 112-267 --Creation of Civil Service
System; amendment to the
Constitution ._.....-...,,____.-______--_422, 477, 550, 591, 912
HR 113-267 --Empower governing authority to
enact ordinances; amendment
to the Constitution .._____.._.. _____________ 422, 477, 550, 594, 912
HB 408 --Establish Civil Service
System for employees ___..____......____. 668, 735, 792, 848, 1339
HB 407 --Law Library; establish
and maintain ....
._._ .... .. . 668, 735, 792, 848, 1339
HR 111-267 --Licensing and regulation of
business in unincorporated areas;
amendment to the Constitution......... 422, 477, 550, 588, 912
HB 250 --Relating to compensation
of Ordinary ......... .... ................ .... 418, 474, 549, 565, 835
HB 221 --Relating to compensation of sheriff..... 388, 428, 481, 492, 679
HB 375 --Tax on property located in
fire prevention districts ........ 622, 671, 738, 750, 914, 1052
CLAYTON JUDICIAL CIRCUIT
HB 218 HB 222
--Compensation of official court reporter .... ........ .............. 388, 427, 480, 492, 679
--Judge and Solicitor-General's office and personnel ............................389, 428, 481, 493, 679
CLERK SUPERIOR COURT
SB 45
HB 361 HB 660 HB 58 HB 148
--Collect recording fees in advance ........................... .. 556, 561, 632, 873, 1217, 1457
--Compensation ........ ............ .... ... .....544, 630, 677, 694, 1339 --Cross-reference card-index system for the records 1444, 1548 --Endorse title transfer _____ ...... ........ ..... .... 195, 243 --Retirement benefits; provide
for investments ................ _,.... ............ 346, 372, 397, 446, 833
CLERMONT, TOWN OF
HB 538
--Provide for establishment of a Book of Registered Voters.........1019, 1139, 1147, 1260, 1702
INDEX
CLEVELAND, HONORABLE DENVER W. HR 244 --Congratulations to ............. ,,._........_..._......._........
2289 1468
CLEVELAND, OLEY F. HR 127-326 --Compensate ._....__..___..______.._____.......___-____._-____....___-._ 508, 546
CLINCH COUNTY
HB 232
--Compensation of Clerk of the Board of Commissioners of Roads and Revenues .______..__.-. 391, 430, 481, 494, 682
COBB COUNTY
HR 197-583 --Authorized to assess and collect
license fees and taxes;
amendment to the
Constitution ........__________._...._______ 1132, 1148, 1238, 1484, 1544
HB 442 --Board of Commissioners
of Roads and Revenues,
create ________...,_____.__._..._ 784, 827, 874, 883, 1458, 1475, 1477
HB 662 --Board of Commissioners of
Roads and Revenues, create .._______ ._..___________.__.. 1445, 1548
HB 658 --Civil Court of Cobb County, create .............. 1325,1325,1452
HB 659 --Civil Service System, establish 1325, 1325, 1452, 1556, 1572
HB 496 --Cobb County-Marietta Water Authority
authorize certain authority
relating to water supply ...... ............. .. . ....
896, 951
SB 126 --Create Cobb County
Marietta Water Authority ... 1336, 1341, 1453, 1556, 1573
HR 118-295 --Creation of Civil Service System;
amendment to the Constitution ..... 467, 512, 550, 600, 913
HB 244 --Planning Department; to provide
for a planning engineer .......... .... 417, 473, 549, 564, 834
COBB JUDICIAL CIRCUIT
HB 384
--Court reporter, compensation for criminal cases ______ ._._____ 624, 672, 738, 752, 1248
COCHRAN, CITY OF SB 144 --Zoning commission, create ........1460, 1463, 1553, 1897, 1906
COLE, RUBEN B. HR 198-583 --Compensate _.......________.._...._______._____.____. ...1132, 1238
2290
INDEX
COLLECTION AGENCIES HB 548 --Provide for the filing of a bond.___________________1021, 1140, 1334
COLLEGE PARK, CITY OF
HB 195 HB 197 HB 261
--Relating to Recorder's Court,,... 371, 396, 738, 746, 906 --Relating to the Budgret..._.._._......_......_-__.371, 396, 738, 746, 906 --Relating to the salary of the Mayor.._.___420, 475, 738, 747, 907
COLLEGES (University System of Georgia, Schools, Education)
HB 95 HB 438 HB 57 HB 245
HR 16-9 HR 131
HB 161
HB 431
--Academic Junior College Program; establish as part of public school system.__.,,_______,,... 240, 276
--Andrew Female College; change term of office of Trustees ___..,,.._...._783, 826, 873, 881, 1246
--Andrew Female College; term of trustees-~195, 243, 279, 279 --Armstrong Junior College Commission:
Mayor of city of Savannah shall be only ex-officio member-....--._.......__..,,--__.._._,,______________ 417, 473 --Purchases; ratify suspension sales tax certain purchases ______._______160, 188, 202, 226, 398 --Southern Technical Institute; urge Board of Regents to construct additional dormitories .-___,,--__--..__.-- ...._--__..____....._.601, 635 --University System of Georgia; additional method of appeal by aggrieved faculty member _..---_.,,..--.-,,.--_,,____.,,. 350, 375 --University System of Georgia; tangible personal property, exempt sales tax __..._.____....__.....___.782, 825, 1032, 1415, 1828
COLLINS, MR. AND MRS. JAMES HR 149-426 --Compensate ._.-..-__......-__-..-__._..._._..-_..._.___.._...._._..__....731, 788
COLLINS, MRS. L. R. HR 53-110 --Compensate ,,__.___--__..,,____.--____.____.__.271, 309, 480, 537, 741
COLONIAL PIPELINE COMPANY
HR 159-429 --Easement for right-of-way through lands of Battey State Hospital farms; Floyd County; and the lands of Fort Yargo State Park, Bartown County ... _.__....._..733, 789, 1031, 1417, 1831
COLQUITT, CITY OF HB 249 Eligibility of candidate for Mayor__-___-_~418, 473, 549, 564, 834
INDEX
2291
COLQUITT COUNTY
HB 478
--Small Claims Court, prescribe qualifications of judge..-.----- 825, 873, 1029, 1262, 1700
COLUMBUS, CITY OF
HB 534 --Appropriate funds for Health Fund of the County Board of Health .--------._------..----1018, 1138, 1147, 1259, 1701
HB 381 --City Commission, amend -._----.-- 623, 672, 738, 751, 910 HB 257 --Establish pension for
disabled employees -------- .. 419, 475, 1030, 1057, 1458 HB 382 --Medical Center Board Commissioners,
create _-...----------------._------.----624, 672, 738, 752, 910 HB 255 --Provide pension system for
retired officers and employees ..419, 475, 1030, 1057, 1458 HB 256 --Columbus, City of
Self Insurance; limit amounts and coverages ..__................. 419, 475, 550, 565, 835 HB 258 --Title to certain tract of land .----...-- 419, 475, 550, 566, 1150
COLUMBUS LEDGER AND ENQUIRER HR 270 --Appreciation to ------...---- .__------.----------1890
COMMERCE (See Advertising)
SB 123
--Interstate, intrastate; promote flow .................1149, 1152, 1242, 1555, 1869, 1871
COMMERCE, CITY OF
HB 654
--Remove provision relating to taxation of corporation.-.. .....1324, 1452, 1696, 1717, 2046
COMMERCIAL CODE, UNIFORM
SB 98
--Define public sale ..... 915, 949, 1027, 1147, 1316, 1439, 1560, 1608, 1620, 1710
COMMERCIAL ESTABLISHMENTS SB 11 --Closing on Sunday...... 464, 510, 547, 1029, 1669, 1722, 1726
COMMISSIONERS OF ROADS AND REVENUES
HR 184-535 --License fees; amendment to the Constitution..----_____.----___--_,,._----___.__1019, 1138, 1245
2292
INDEX
COMMISSIONS (See Boards)
HR 137-355 --Constitutional Revision Commission; create ------------ - 543, 629, 739, 999, 1831
HB 238 --Crime Investigating Commission-- .------.......---------- 392, 430 HB 690 --Georgia Residential Home
Builders Commission; create -- -------------------- 1824, 1896 SR 34 --Election Study Commission;
extend time for making report -556, 561, 632, 1827, 1910 HR 185-535 --Forward Georgia Commission;
create __--------------------.------1019, 1139, 1246, 1648, 2054 HB 202 --Georgia Recreation Commission;
create -_------------------------------..385, 425, 633, 1386, 1706 SR 9 --Governor's Commission
for Efficiency and Improve ment in Government; create -------- 278, 306, 357, 378, 409, 877, 1608, 1710, 1752 SR 64 --Governor's Commission for Scientific Research and Development; create ------..._.__ 1339, 1341, 1452, 1456, 1646 HR 21-23 --Governor's Commission to Improve Education; create ..... 163, 191, 191, 230, 431, 435, 482, 483, 840, 1609,
1872, 1903, 1916 HB 421 --Industrial Loan
Business; estab lish Study Commission ... 730, 787, 1245, 1507, 1509, 1707, 1838, 1898 SR 36 --Public Pensions Study Commission; create ..__________...__.. 1151, 1152, 1242, 1693, 1698 HR 143 --Public Utilities Study Commission; create interim committee --------.._--.___--..______--______ 639, 1698 HB 131 --State Literature Commission; provide for declaratory relief-----------------------.... 303, 354 HB 55 --Steamship "Savannah" Commission; create _...--___----_ 194, 242, 245, 336, 559, 844 HB 599 --Vehicle Safety Commission; provide for designation of Georgia member--_______----------1135, 1241 HB 128 --Western & Atlantic Railroad Commission; change composition ----__--------.------ 302, 354
COMMITTEES
HR 262 --Agricultural Research Study Committee; create.-------- 1816
--Committee (Standing) Assignments--------163 through 181
HR 236-679 --Battey State Hospital; create
to study operation and facilities-----_--1448, 1551, 1698
SR 56 --Congressional Districts Study
-^
Committee; create .------------------.----.916, 948, 1026, 1698 \
INDEX
2293
HR 66 --Constitutional Revision Committee; create to advise with Governor ... .._..____._..__._.. ...__ ....... 319
HR 168-477 --County Consolidation Study Committee; create _____ 824, 872 HR 153 --Create committee to function as liaison
between Governor and Tommy Reynolds Productions, Inc. ..__....._... 688, 1698 HR 203-595 --Defense and Veterans Affairs; create interim committee __,,..____..._._.. 1135, 1240, 1693, 1694 SR 14 --Economy, Reorganization and Efficiency in State Government; create __________ 300, 306, 357, 1557, 1745, 1833 SR 24 --Election Laws Study Committee; create ______________ 636, 636, 674, 1031, 1654, 1834
HR 222
HR 263 HR 265
SR 73
HR 64 HR 223
HR 264 HR 7
HR 221 HR 291
--Emeritus Position Laws; create to study .._____..._____...____.....____....___.....____..._______ 1254, 1698
--General Appropriations; interim committee-----__.-- . 1819 --General Oglethorpe Monument;
create to study ._._............._. __...___...__.__._._.__ 1818, 1827, 2018 --Government Operations Committee;
abolish ..._._____,.._____.___,,.-______-.-____.__...-._._ 1460, 1462, 1552, 1820 --House Appropriations Committee; relative to _______ _____.. 317 --House facilities; House of Rep.;
create committee to study ___..____..._____. 1255, 1697, 2016 --Hygiene and Sanitation Interim Committee 1817, 1827, 2017 --Inauguration Committee, Arrangements
for Inauguration ...____.._----__-- .... ._______.___._.._ _____ _.._ 108, 111 --Industry; create to study promotion of __..._____...._____. 1254, 1698 --Interim study committees; relative to ________________________.__ 2034
SR 65 --Interstate Cooperation Committees; study subsidies offered to attract new industry ..... ._________....___1460, 1462, 1552, 1556
HR 241 --Non-Profit Medical Corporation; create committee to study ._.._,,..___..___..,,,,...____-______-_.,,______.. ____..__1466
HR 143 --Public Utilities Study Commission; create interim committee _________,, ____________________________ 639, 1698
HR 164-453 --Reapportionment, Congressional Districts; create to study on population basis .,,_..__ _...____786, 829, 1698
HR 207
--State Employees' Retirement System; create to investigate ..____-..-____.._._--__....______..__--______.--____.__.-- 1157
HR 68
--State Institutions and Property; create interim committee ..__..._.. ___._...._.___....-_.__.--. 325, 1698
HR 138-379 --State Leased Properties Study Committee; create . .._._. 623, 672, 1031, 1295, 1831
HR 251 --Study World's Fair in Atlanta _____._,,.._____._..________._ 1580, 1832
HR 208 --Unclaimed property; create to study .._.________. 1158, 1697, 2016
HR 239
--University System of Georgia; further studies of educational problems ._..... ._.. 1464, 1698
HR 31-47 --Urban Renewal; create interim committee to study _____...___.....________._____..._____ 187, 201, 1698
2294
INDEX
COMMUNICATIONS
--Committee of Tellers_ . ...____..._...___.......--------._.... 118 --Election Laws Study Committee Report..--------------116, 117 --Fortson, Ben W.----.---_.--------------------7, 8, 9, 10, 93, 100 --Letter from Rep. Wilson Brooks.------_----------------1837
COMMUNISM HR 108 HB 199
HB 109 HR 217
--Communist conspiracy; control and regulate.--_------.271, 308 --"Communist Made Products Sold
Here"; sign required if products sold -------_--------------385, 425, 875, 1078, 1153 --Communist propaganda; control and regulate__------_ 271, 309 --Russian Churchmen; protest visit.--------------------------1249
COMPENSATION--Resolutions Authorizing (See Named Person)
HR 169-478 --Adams, Claubus E----___....-__----.. 825, 873, 1242, 1399, 1898 HR 91-181 --Adams, Ray L......___------------------.__------------------ -368, 393 HR 78-157 --Alien, William, Sr.--_.____------------------------------348, 374 HR 173-484 --Bailey, J. T.----------------------....-- 866, 899, 1242, 1400, 1898 HR 79-157 --Banks, E. W. ----------------.._--------_----------------.--.-348, 374 HR 49-107 --Bell, Mrs. Richard L.. . _. 271, 308, 1242, 1391, 1900 HR 190-565 --Bowles and Tillinghast, Inc.---1024, 1143, 1246, 1408, 1898 HR 140-395 --Brooks, Rizer ---------.-------------------_------_.626, 674 HR 192-579 --Callenback, Jr., Ralph R. --------1131, 1237, 1553, 1737, 2054 HR 95-188 --Callihan, Luther .--------------------369, 395, 1242, 1393, 1900 HR 83-157 --Carpenter, Harley E.__------------------.__--------------_ 348, 374 HR 80-157 --Clarke, C. W----------------------------------------348, 374 HR 127-326 --Cleveland, Oley P.----...._.-_----------------------------508, 546 HR 198-583 --Cole, Ruben B..--_--------------------_..------------------1132, 1238 HR 149-426 --Collins, Mr. and Mrs. James----------------------------_731, 788 HR 53-110 --Collins, Mrs. L. R---------------------- 271, 309, 480, 537, 741 HR 157-428 --Cranford, Bonnie and James.--------------------------733, 789 HR 84-157 --Daniel, Mrs. Ruby B..----------_-------------------------- 348, 374 HR 116-292 --Faulkner, Alien J..--_--------------------466, 512, 675, 763, 1461 HR 196-583 --Forsyth, Dan W. _----------------_1132, 1238, 1554, 1743, 2055 HR 105-254 --Griffin, Emory E.--------------------419, 474, 902, 996, 1461 HR 216-632 --Hanna, George R..----------------1320, 1449, 1553, 1741, 2055 HR 144-405 --Head, Ernest, Jr..--._...---------- 668, 734 HR 183-528 --Hooks, Evie Jean...--__--------------..------------------1017, 1137 HR 202-595 --Horten, IV., Cyrus W...--------__------------------1135, 1240 HR 36-77 --Howard, Mrs. John------------------237, 273, 479, 536, 741 HR 123-316 --Johnson, Ed F.___.__.-----....--._..----_.------._.___------...471, 516 HR 56-130 --Johnson, Julius W.------------__,,__----------.------303, 354 HR 37-77 --Jones, Tex _.----_.----.....------------ 237, 273, 902, 994, 1461 HR 122-316 --Justice, J. 0.----.....------------...---- 471, 516, 1242, 1397, 1901 HR 200-595 --Kane, Paul T.----------------------..------------------1134, 1240
INDEX
2295
HR 35-77 --Kennedy, Henry C. ,,__----_------_.----.237, 273, 902, 1011, 1461
HR 124-316 --Key, Fred G. -_-.--_--_._---__--._-_.-.__---____.-.471, 516
HR 29-47 --King, Mrs. Christine P....._. ----------..186, 201, 902, 1188, 1900
HR 45-107 --Lane, Mrs. Mollie B...__. -- . 270, 308, 675, 756, 1461
HR 174-484 --Latham, Mrs. Louise D. _.....__.._...__.__-_..___._....__.__.-__.___.__866, 899
HR 89-163 --Long, J. E. ...................... __--------_----_-350, 376
HR 33-68 --Lott, George W...----------------------..197, 244, 479, 535, 741
HR 156-427 --Marietta Transport Company________732, 789, 1554, 1735, 2054
HR 125-317 --Moore, Lewis ----__----___------------_471, 516, 1553, 1733, 2053
HR 92-181 --Mosley, Donald ----_------_----__.------.----------.--.368, 394
HR 43-107 --McBride, James ...--_--_.-.._-----_____-___..--------270, 308
HR 186-535 --Norquist, Robert L......... ----------1019, 1139, 1242, 1402, 1898
HR 110-267 --North, Mrs. Elizabeth M..----------..421, 476, 1242, 1395, 1900
HR 18-16 --Nicholson, W. H..------__------_----.----.162, 190, 479, 535, 741
HR 256-689 --Nimmer Chevrolet Company..---___------------___--_.____1823, 1896
HR 155-427 --Patterson, Homer C.------_...----732, 789, 1694, 1731, 2054
HR 60-137 --Patton, J. F...-----.-_----.----.___-.--------_-_-----_----...305, 355
HR 126-326 --Pettey, Pete and Sam--....___.-.------...______.__..__....-____.._ 508, 545
HR 201-595 --Ramsay, Jr., Alston._----____..____..----------------..1134, 1240
HR 82-157 --Reece, LaFayette B. ............... ... 348, 374
HR 38-77 --Reed, U. S. .-___-.--_.---___---_-_---.......--___------... 237, 273
HR 81-157 --Rhodes, Harold R.
....... . 348, 374
HR 94-188 --Rountree, Miss Sarah Lynn ._,,.........____.369, 395, 675, 761, 1900
HR 107-254 --Sanders, William L., American
Legion Post No. 4742 ....__.__......__.__._419, 474, 902, 998, 1461
HR 46-107 --Scarboro, Edsel ____.....----......___.....__.270, 308, 1242, 1389, 1900
HR 238-683 --Smith, Ed L.._------._----___-----------.__--------------.1448, 1552
HR 52-110 --Smith, Mrs. Homer----.----------._. 271, 309, 480, 536, 741
HR 178-500 --Sommers, Jr., William C.._---___--.---------_--------.897, 952
HR 218-635 --Strickland, Gabriel ___-._._.__......_.._1321, 1449, 1553, 1678, 2055
HR 61-137 --Suggs, Irvin David------_--------------. 305, 355, 675, 758, 1461
HR 181-516 --Swint, Mrs. H. S.-_--------------947, 1026, 1553, 1739, 2054
HR 195-580 --Trout, Monte F. ____-----__--------_----------.--------1131, 1238
HR 121-307 --United States of America, for
motor vehicle damage------------------------.----_. ..469, 514
HR 179-509 --Walton, Benjamin -___-__._.-_------------------------946, 1025
HR 39-77 --West, Sr., W. L..__._------___...------__ 237, 273, 1242, 1388, 1900
HR 28-47 --Wainer Construction Company............ 186, 201, 902, 992, 1460
COMPTROLLER GENERAL HB 316 --Compensation ............................470, 516, 547, 650, 876
CONASAUGA JUDICIAL CIRCUIT HB 444 --Create ----__.------__----__.._._..__..784, 827, 1029, 1516, 1899, 1932
CONDOMINIUM
HB 312
--Apartment Ownership Act, created _______-_.__------.470, 515, 634, 652, 1458, 1472
2296
INDEX
CONFEDERATE PENSION RECORDS HR 55-110 --Authorize microfilming and indexing of--~--_----._._.. 272, 309
CONGRESS
HR 88-157 --Federal Aid Agencies; urged to support ----_.--------.--..,.----.349, 375, 1330, 1585
HR 69 --Federal Aid to Education; urged to enact appropriate legislation.----------------------------326
SR 115 --Petition to reject changes in taxation of timber-- 1904, 2056 HR 62 --R.O.T.C.; requested to continue --------------------------.314, 378 SR 47 --Urge to support tax exemptions
for certain educational expenses _--__----. 683, 684, 736, 873
CONGRESSIONAL DISTRICTS
HR 164-453 --Create Committee to study reapportionment on population basis--.------786, 829, 1698
CONGRESSIONAL DISTRICTS STUDY COMMITTEE SR 56 --Create ..----------_.-.-----------------..----916, 948, 1026, 1698
CONSTITUTIONAL AMENDMENTS
HR 99-230 --Allow Governors to succeed themselves .--------------. 390, 875 HR 184-535 --Board of Commissioners of Roads and
Revenues; license fees..__--------___----1019, 1138, 1245 HR 161-438 --Burke County; provide for 7
members of Board of Education__783, 826, 874, 1066, 2054 HR 113-267 --Clayton County; empower governing
authority to enact ordinances ------ 422, 477, 550, 594, 912 HR 112-267 --Clayton County; creation of
Civil Service System --------.----.422, 477, 550, 591, 912 HR 111-267 --Clayton County; licensing
and regulation of business in unincorporated areas .-------- ----. 422, 477, 550, 588, 912 HR 197-583 --Cobb County; authorize to assess and collect license fees and taxes ...._.____.._. ..._._.._.... 1132, 1148, 1238, 1484, 1544 HR 118-295 --Cobb County; creation of Civil Service System _-.._--------...------.467, 512, 550, 600, 913 HR 20-23 --Counties; merger and consolidation ....._----------. 163, 191, 191, 247, 279, 289, 464 HR 30-47 --Counties; merger, procedure ----____-------------- 186, 201 HR 163-445 --Dental students; authorize scholarships ------... 785, 827, 1147, 1496, 1499, 1833, 1844
INDEX
2297
HE 154-427 --Estates; Wife not responsible for husband's debts . .--...._. ....... ....... ......... 732, 789, 1029
SR 21 --Pulton County; construction of streets and sidewalks .................. 556, 560, 631, 954, 1059
SR 22 --Pulton County; recreational programs ...____......___..._.__......._. 556, 560, 631, 954, 1062, 1457
HR 150-426 --General Assembly to take appropriate steps in cases of emergency resulting from enemy attack .........................731, 788, 791, 1192, 2054
SR 86 --Governor and Lieutenant Governor; succession of ... .. ......... 1708, 1722, 1825, 1827
HR 117-292 --Governor may succeed himself but may not serve more than 2 terms ........__...-..._. 466, 512, 875
HR 58-130 --Hart County Industrial Building Authority; create ._.__......__ 303, 354, 398, 576, 912
HR 101-230 --Homstead exemption; $4,000 exemption to persons 65 years of age or older ......-_._,,---. ._-- --. 390, 429
HR 48-107 --Homestead exemption; increase; amendment to the Constitution _....-.-........--..------..- 271, 308
HR 115-272 --Jeff Davis County; capital improvements of new industries ..... 423, 478, 550, 597, 912
HR 17-16 --Motor vehicles; tangible property
for ad valorem tax purposes ...... _.. 161, 189, 202, 284, 398
HR 146-408 --Oconee County; establish
fire protection system ...._._.._._...._... 668, 735, 792, 1069, 2053
HR 59-137 --Office of Probate Judge; create ....__.........__....____....._._.. 304, 355
HR 93-181 --Oil and mineral; proceeds from State
lands to be appropriated for education .._._...._ ....... 368, 394
HR 40-77 --Pharmaceutical students; scholarships ...--.....--....... 237, 274
HR 119-295 --Prohibit Homestead Exemption from ad
valorem taxation for school purposes....------_....----- 467, 512
SR 4 --Provide number of members, Senate ....... _.. 66, 67, 71, 71, 80
(Ex. Sess.)
HR 42-107 --Rockmart Development Authority;
create ....................... .._._._.
270, 308, 377, 572, 911
HR 135-346 --Savannah District Authority; create . ............. 542, 628
HR 19-23 --State Highway Board, members
qualifications, tenure; amendment
to the Constitution ... ,,...._.____ 163, 190, 192, 215, 299, 433
SR 7 --State Senators; provide for 4
year terms ....----...--_.......____..._.------_.._. 278, 306, 356, 1032
HR 160-438 --Superior Courts establish fire
protection districts
.. ---- ...__............. 783, 826
HR 102-230 --T elfair County; officers ineligible to
hold office under certain conditions 390, 429, 480, 585, 912
HR 182-517 --Voters entitled to vote on issuance of bonds, taxes on property ....... ....... ... 948, 954, 1026
HR 85-157 --White County; election of members of Board of Education ... 349, 375, 550, 581, 912
2298
INDEX
CONSTRUCTION PROJECTS, STATE HB 207 --Prevailing wages to employees .__.._--.__.--------_.._.._.... 386, 426
CONTRACT CARRIERS
HB 37
--Excluded, certain laws on con struction of Federal facilities... 184, 199, 245, 294, 297, 636
COOK COUNTY HB 479 --Small Claims Court, create ....865, 898, 1244, 1267, 1832, 1842
CONSTITUTIONAL REVISION COMMISSION HR 137-355 --Create _--._._----_----._--.----...--...... 543, 629, 739, 999, 1831
CONSTITUTIONAL REVISION COMMITTEE
HR 66
--Create to advise with Governor ..____......__...,,____..______319 --Joint Committee to advise with Governor------_----_----.2063
COOK, MRS. JOYCE HR 260 --Extend sympathy to ...._.._......._......_.._..._._._._.----_,------_--...1814
CORPORATIONS
HB 422 HB 2 HB 528
HB 404 SB 130 SB 108
--Corporate stock; income tax exemptions _._____.._..____----__.._. ...730, 787, 1032, 1726, 2050
--Income tax; certain corporations, file estimate ..--_._------_..----..----158, 187, 203, 252, 398
--Income tax returns; repeal provision relating to filing by two or more corporations ..___..--__....__.......1017, 1032, 1137, 1631
--Industrial development; provide for organization-...--667, 734 --Merger of trust companies .-- 1574, 1598, 1694, 1826, 2013 --Trust companies; designation of . _...................1248, 1249, 1329
COSMETOLOGY (See Barbers) HB 225 --Define .__........._.......___.....__......._........... 389, 428, 548, 1002, 1247
COTTON HR 180
--Memorializing President to take certain steps.----- 916, 1035
INDEX
2299
COUNTIES
HB 533 --Additional securities for investment .....___......... ..__..___ 1018, 1138 HB 610 --Create Library Authority for.__.__.____..__......_____.__........1231, 1326 HB 24 --Industrial Development Authority;
create in each county, city........_.-__.163, 191, 739, 984, 1460 HB 7 --Loans for ad valorem tax
evaluation and equalization programs ___ ...... ._.._____._ ..159, 188, 278, 281, 1150, 1596 SB 5 --Merge services, state assistance ....___ 277, 305, 356, 378, 403, 517, 535, 840, 1605 HR 20-23 --Merger and consolidation; amendment to the Constitution ............ 163, 191, 191, 247, 279, 289, 464 HR 30-47 --Merger, procedure; amendment to the Constitution . 186, 201 HB 248 --Recreation Systems; appropriation of funds ........___.__.........._.___.417, 473, 676, 1173, 1281, 1829
COUNTY AND COUNTY MATTERS (See Named County)
HB 434 HB 433
HB 243 HB 468
HB 467 HB 466 SB 114 HB 174
HB 81
HB 79 HB 80 HB 78
--Appling County; Board of Education, number of votes required for official action._-_783, 825, 874, 881, 1458, 1763
--Appling County; Board of Commis sioners of Roads and Revenues, filling of vacancies ..---_-.-...........-.-782, 825, 874, 881, 1458
--Bacon County; provide for dividing into commission districts 417, 473, 549, 563, 834
--Baker County; clarify compen sation of tax collector and receiver ....___.__..____..........822, 871, 1029, 1058, 1707, 1840
--Baker County; compensation of Clerks of Superior Court and Ordinary ___.._..,,__...._.____.822, 871, 1029, 1058, 1707, 1839
--Baker County; compensation of Sheriff. 822, 871, 1029, 1058 --Baldwin County, Civil
and Criminal Court, create ........_..1459, 1462, 1552, 1827, 1835, 1903, 1937, 1951 --Banks County Superior Court; provide for terms .......__...._... 366, 392, 831, 849, 1337, 1457, 1558, 1763 --Bartow County; Commissioner of Roads and Revenues; compensation of clerical help.__.__..._ ..238, 274, 311, 339, 553 --Bartow County; compensation of Deputy Clerk of Superior Court....- 238, 274, 311, 338, 553 --Bartow County; compensation of Ordinary's clerical help........ 238, 274, 311, 338, 553 --Bartow County; compensation of sheriff's deputies ____._____._._______.... 237, 274, 311, 338, 553
2300
INDEX
HB 82 HB 83 HB 72
--Bartow County; create office of Tax Commissioner ...._._----.._._...___.._ 238, 274, 311, 339, 554
--Bartow County; office equipment, etc. of Sheriff ______,, 238, 274, 311, 339, 552
--Ben Hill County and Fitzgerald
HB 667 HB 335 HB 334
Development Authority; create.-..--..236, 272, 311, 337, 556 --Bibb County; Civil Court,
pension and retirement com pensation of Judge Emeritus 1445, 1549, 1696, 1713, 2047 --Bleekley County; compensation of Commissioner of Roads and Revenues .........,,____....__.__.....__........ 510, 547, 633, 698, 908 --Bleekley County;
HB 333 HB 629
HB 663
compensation of Ordinary . 510, 547, 633, 698, 908, 1763 --Bleekley County; create
office of Tax Commissioner ........... 510, 547, 633, 744, 907 --Brantley County; compensation
of Commissioners of Roads and Revenues .... 1234, 1329, 1455, 1483, 2045 --Brooks County; compensation of Clerk, Board of Commissioners ..._.__.....-....... 1445, 1549, 1696, 1712, 2046
HB 233 --Brooks County; Small Claims Court; create ......____....._.__._..._........._._ -391, 430, 549, 562, 834
HB 464 --Bulloch County; compensation of Coroner ....__.....__.........._ ........... 822, 870, 1331, 1483, 2041
HB 292 --Burke County; create Burke County Development Authority.-...--466, 511, 550, 570, 837
HR 161-438 --Burke County; provide for 7 members of Board of Edu cation; amendment to the Constitution __.,,...--....----.....----.....783, 826, 874, 1066, 2054
HB 531
--Burke County; salary of Coroner...................... ..1018, 1138, 1147, 1259, 1701
HB 46
--Calhoun County; change terms of Superior Court .....___......._.........._... 186, 201, 310, 360, 555
HB 165
--Camden County; St. Andrew's Sound; prohibit crab fishing . ... ...... ......... ....... 351, 376, 832
HB 287
--Candler County; Board of Road and Revenue Commissioners; compensation of clerk . . . .
465, 511, 550, 570, 837
HB 526
--Catoosa County; Board of Utilities Commissioners, create ... _.____._..___.___. ........ ... 1017, 1137, 1147, 1258, 1701
HB 362
--Catoosa County; clerical assistant to the Sheriff.._............... 544, 630, 677, 694, 1700
HB 371
--Charlton County; Board of Commissioners of Roads and Revenues; reduce to 3 members .... 622, 670, 738, 749, 909
INDEX
2301
HB 370 --Charlton County; compensation
of county employees ..._.-.--- 622, 670, 738, 748, 909
SR 41
--Chatham County; 52nd Street extended _______.__..__.____...._._..____.556, 561, 632, 1331, 1364
HB 465
--Chattahoochee County; create office of Tax Commissioner ...........822, 871, 904, 919, 1340
HB 16
--Chattooga County; compensation of Commissioner of Roads and Revenues ........____.-...._.._-._........._.__-.._....161, 189, 202, 204
HB 11
--Chattooga County; salary of Clerk of Superior Court _____._,,.__.,,.-__..._.. 161, 189, 202, 203
HB 12 --Chattooga County; salary of Ordinary ........ 161, 189, 202, 203
HB 15 --Chattooga County; salary of sheriff...-. .....161, 189, 202, 204
HB 13
--Chattooga County; salary of
Tax Collector ..
. _.
. ..... 161, 189, 202, 204
HB 14 --Chattooga County; salary of
Tax Receiver ....,.___._.._........_...__.__..................161, 189, 202, 204
HB 329 HB 286
--Cherokee County; Commissioners of Roads and Revenues; compensation of Clerk ........... 508, 546, 633, 698, 907
--Cherokee County; compensation of Sheriff, Clerk of Superior Court, Tax Commissioner and Ordinary ___._.____...________.______._.____...465, 511, 550, 569, 837
HR 148-422 --Cherokee County; conveyance of certain property __.__.._................731, 787, 1031, 1216, 2053
HB 576 HB 219
--Clarke County; establish Juvenile Court .._.____.__........1130, 1237, 1692, 1698, 1782, 2041
--Clayton County; Board of Commissioners of Roads and and Revenues; compensation of chairman _...,,_.__.......____ .....___.388, 428, 481, 492, 679
HB 580 --Clayton County; Civil and
Criminal Court, election,
duties, etc. of Judge and Solicitor ._..__._ 1131, 1237, 1331, 1360, 1704 HB 608 --Clayton County; Clayton County Water Authority; change composition of membership -......_ 1231, 1326, 1455, 1479, 2042 HB 220 --Clayton County; create office of Tax Commissioner _._____......_._ 388, 428, 481, 492, 679 HR 112-267 --Clayton County; creation of Civil Service System; amendment to the Constitution .............. 422, 477, 550, 591, 912
HR 113-267 --Clayton County; empower gov erning authority to enact ordi nances; amendment to
the Constitution .._.....-. _.__...._..._...422, 477, 550, 594, 912
HB 408
--Clayton County; establish Civil Service System for employees .----668, 735, 792, 848, 1339
2302
INDEX
HB 407 --Clayton County; Law Library, establish and maintain __................ 668, 735, 792, 848, 1339
HR 111-267 --Clayton County; licensing and regulation of business in unincorporated areas; amend ment to the Constitution ._--_----.____422, 477, 550, 588, 912
HB 250 --Clayton County; relating to compensation of Ordinary ________418, 474, 549, 565, 835
HB 221 --Clayton County; relating to compensation of sheriff _____.--388, 428, 481, 492, 679
HB 375 --Clayton County; tax on property located in fire prevention districts --..----------._..----..622, 671, 738, 750, 914, 1052
HB 232 --Clinch County; compensation of Clerk of the Board of Commissioners of Roads and Revenues .,,_.__..--.----391, 430, 481, 494, 682
HR 197-583 --Cobb County; authorize to assess and collect license fees and taxes; amendment to the Constitution _----_,,____--,, 1132, 1148, 1238, 1484, 1544
HB 662 --Cobb County; Board of Commissioners of Roads and Revenues, create ,,___..____----__.--_ -1445, 1548
HB 442 --Cobb County; Board of Commissioners of Roads and Revenues, create-__784, 827, 874, 883, 1458, 1475, 1477
HB 658 --Cobb County; Civil Court of Cobb County, create .___.--,_--------..--.1325, 1325, 1452
HB 659 --Cobb County; Civil Service System, establish ..__..........__...._.1325, 1325, 1452, 1556, 1572
HR 118-295 --Cobb County; creation of Civil Service System; amendment to the Constitution _-__----._.--._____._467, 512, 550, 600, 913
HB 496 --Cobb County-Marietta Water Authority; authorize certain authority relating to water supply_.,,...,,_--_.__--_--.--___..-___----..896, 951
SB 126 --Cobb County Marietta Water Authority; create..----...1336, 1341, 1453, 1556, 1573
HB 244 --Cobb County Planning Depart ment; to provide for a planning engineer___,,_.....___...._______.__417, 473, 549, 564, 834
HB 478 --Colquitt County; Small Claims Court; prescribe qualifications of judge _---_.-------------- -.825, 873, 1029, 1262, 1700
HB 479
--Cook County; Small Claims Court, create _----_----.,,.865, 898, 1244, 1267, 1832, 1842
HB 262
--Coweta County; relating to compensation of Sheriff, Ordinary and Clerk of the Superior Court------_---420, 475, 633, 641, 697, 876
INDEX
2303
HB 263
--Coweta County; to change the clerical expense author ized for office of Ordinary--------..-420, 476, 550, 566, 835
HB 437
--Crawford County; salary of Clerk of the Superior Court ----------------783, 826, 874, 882, 1707, 1764
HB 62
--Crisp County; compensation of coroner -.---------------------___.196, 243, 245, 336, 555
HB 583
--Dawson County; change com pensation of Commissioner of Roads and Revenues------- -1132, 1238, 1331, 1361, 1705
HB 582
--Dawson County; compensation of County Tax Commissioner-. 1132, 1238, 1331, 1360, 1704
HR 194-580 --Decatur County; authorize Governor to convey certain property owned by State---------- 1131, 1237
HR 90-163 --Decatur County; authorize State Librarian to furnish certain law books to Superior Court-------- 350, 376, 432, 499, 838
HB 549
--DeKalb County; Civil and Criminal Court, salary of Judges, Solicitor, Clerk and Marshal --------........_________1021, 1141, 1148, 1265, 1703
HB 396
--DeKalb County; County Board of Education districts ------626, 674, 676, 1332, 1355, 1700
HR 234-669 --DeKalb County; citizens' committee to study public safety --------------------1446, 1549, 1695, 1720, 1942, 2008
HB 469
--DeKalb County; Court Bailiffs, provide method of fixing salaries ------.----822, 871, 1455, 1488, 1490, 2041
HR 219-650 --DeKalb County; create citizens' committee to study administration of justice __------------------1323, 1451, 1556, 1572, 1904, 1943
HB 470
--DeKalb County; examination for qualified electricians -------823, 871, 1332, 1357, 1700
HB 683 --DeKalb County; license
fees, businesses subject to
regulation by the State
Public Service Commission----1448, 1551, 1695, 1711, 2049
HB 681 --DeKalb County; Superior Court,
authorize solicitor-general to appoint investigators --------1448, 1551, 1696, 1716, 2049
HR 108-267 --DeKalb County; transfer of certain real property_._--------421, 476, 634, 712, 913
HB 669
--DeKalb County; Urban Redevelopment Law, amend--1446, 1549, 1696, 1714, 2047
2304
INDEX
HB 544
HB 545 HB 543
HB 546 HB 652 HB 617
HB 615 HB 616 HB 336 HB 338 HB 373 HB 260
--Dodge County; change allow
able compensation of Clerk
of Commissioners of Roads
& Revenues
. .. __.___..___.. 1020, 1140, 1147, 1261, 1702
--Dodge County; change allow
able compensation of the
Clerk to the Ordinary,......^_....1021, 1140, 1147, 1262, 1702
--Dodge County; change allow
able compensation of the
Clerk of the Tax
Commissioners ..__.._.__________.__.___.1020, 1140, 1147, 1261, 1702
--Dodge County; compensation
of Additional Deputy
Sheriff .... . ...__........._...... 1021, 1140, 1148, 1262, 1702
--Dooly County; salary of Tax Commissioner .. _..__._.___. 1324, 1451 1556, 1571, 2046
--Dougherty County and City of Albany; appropriate money from general funds to Board of Edu cation of Dougherty County......1232, 1327, 1455, 1481, 2043
--Dougherty County and City of Albany; jointly acquire lands and buildings __________._____.-_.._____._1232, 1327, 1455, 1480, 2043
--Dougherty County; City of Albany; merger of inde pendent school systems _.._...___ 1232, 1327, 1455, 1480, 2043
--Douglas County; cash allowance for Sheriff ___-...___.._.._.._.__._........540, 627, 677, 690
--Douglas County; Study Commission, create ___.___________..___540, 627, 677, 691, 908
--Evans County; Clerk of Superior Court; compensation ..........622, 671, 738, 749, 910
--Evans County; relating to compensation of the Ordinary ............420, 475, 550, 566, 835
HB 189
--Pannin County; supplement salary of Ordinary__________.____.___.369, 395, 480, 485
HB 342
--Floyd County; authorize additional deputy sheriff__.___._____541, 627, 677, 692, 908
HB 341
--Floyd County; compensation of Sheriff .... _ ......______________.___641, 627, 677, 691, 908
HR 187-542 --Floyd County; transfer of certain State property to cemetery of the Oostanoula Church __._-._..-___...._._-___._.__.___-____1020, 1140, 1245, 1414, 1831
HB 642
--Forsyth County; create a one member Commissioner of Roads and Revenues ___..__._..1322, 1450, 1555, 1569, 2045
INDEX
2305
HB 319 HB 318 HB 135
--Fulton County; additional pension benefits to certain former officers and employees .....471, 505, 516, 550, 572, 841, 1373
--Fulton County; additional pension benefits to certain former teachers and employees ._..._.____........___..._......___ 471, 505, 516, 550, 571, 838
--Fulton County; board of education employees __.._.......1336, 1341, 1453, 1556, 1573
HB 506 --Fulton County; Board of Education, teachers and employees, pro-rata refund of contributions ....__----...._--..--_.--,, 898, 952
HE 134-346 --Fulton County-City of Atlanta Study Commission; extend time for making report ___...__....__~__542, 628, 953, 960, 1335
SB 87 --Fulton County; compensation judge __________ __....._................_._............ 839, 868, 901, 954, 965
SR 21 --Fulton County; construction of streets and sidewalks, amend ment to the Constitution _________ 556, 560, 631, 954, 1059
SR 91 --Fulton County; create Commission to study elections _..._.... .....__...._.___ ._._.__ 1708, 1721, 1824, 1897, 1904
HB 360 --Fulton County; Criminal Court, salary of Solicitor General _____________________________ ___._._._544, 630, 953, 961, 1338
SB 13 --Fulton County; depositories, public funds ________ ..................................558, 559, 631, 954, 965
HB 596 --Fulton County; election precincts _--. 1135, 1240, 1244, 1364 SB 104 --Fulton County; fire prevention
systems ......._-___....._.____.._____________._ 840, 869, 901, 1454, 1488 SB 29 --Fulton County; Garbage
Disposal Systems ______________..___......______ 558, 560, 631, 954, 964
HB 358
--Fulton County; Juvenile Court; salary of Judge _________________________________.544, 630, 953, 962, 1338
SB 136
--Fulton County; police and firemen pensions ..... ____._.. 1336, 1342, 1453, 1556, 1574
SR 22
--Fulton County; recreational programs; amendment to the Constitution ..__._______ 556, 560, 631, 954, 1062, 1457
HB 303
--Fulton County; regulations governing payment of pensions to employees ......_._._____468, 513, 550, 571, 841, 845
HB 680
--Fulton County; retirement and pensions certain court officials __________________________ 1448, 1551, 1695, 1711, 2048
HB 359
--Fulton County; salary of Ordinary ..........._.__.._..........._._..._. 544, 630, 953, 960, 1338
HB 502 --Fulton County; salary of Sheriff 898, 952, 1454, 1484, 2041
2306
INDEX
HB 603 --Fulton County; teachers and employees, Board of Edu cation; credit for prior service -_._........-...._1136, 1152, 1241, 1454, 1478, 2042
HR 109-267 --Fulton County; trans fer of certain real property _________421, 476, 634, 713, 714, 832, 1197, 2053
HB 215 --Gilmer County; provide for annual audit of the office of County Commissioner----- 387, 427, 480, 491, 1335, 1371
HB 558 --Glynn County; Brunswick and Glynn County Develop ment Authority; appoint ment and terms of members-.1023, 1142, 1148, 1264, 1703
HB 611 --Glynn County; Magistrate's Court of Glynn County; create _..._____._._______.... _.___..__.........._1231, 1326, 1455, 1479, 2043
HB 277 --Glynn County; to establish salary system for Coroner___^^_..__. 424, 478; 738, 754, 907
HR 96-194 --Gordon County; authorize State Librarian to furnish certain law books to Ordinary...._______^_..__^___._.370, 396, 1027, 1265
HR 215-629 --Gordon County; conveyance of certain State property______.___1235, 1329, 1557, 1768, 2055
HB 679 --Greene County Development Authority; create _-....-___.........1447, 1551, 1696, 1716, 2048
HB 643 --Habersham County; com pensation of the Board of Commissioners ____....,,. 1322, 1450, 1556, 1566, 1941, 2009
HB 644 --Habersham County; compen sation of Clerk, Office of Tax Commission ...._____.__.._.__ 1322, 1450, 1555, 1569, 2045
HB 647 --Hall County; Board of Commissioners of Roads and Revenues; authorized to construct roads _.-___.__._.____________.1323, 1451, 1555, 1570, 2046
HB 537 --Hall County; City Court, salary of Judge and Solicitor _.___________________._________1019, 1139, 1147, 1260, 1702
HB 607 --Hall County; Commis sioners of Roads and Revenues, terms of office..~_~-.1231, 1326, 1455, 1479, 2042
HB 648 --Hall County; construction of sanitary sewers _._____........._.__1323, 1451, 1555, 1570, 2046
HR 100-230 --Hall County; granting of easements across real property..._______..__---....._..-__-_..__._.. 390, 429, 634, 709, 913
HR 47-107 --Hall County; Superior Court; authorize State Librarian to furnish certain law books_.__.....___._____.. 270, 308, 377, 498, 838
INDEX
2307
HB 646 --Hall County; traffic ordinances to control traffic upon the streets ------------.1323, 1451, 1451, 1555, 1569, 1942, 2009
HR 145-405 --Haralson County; conveyance of certain property to Board of Education _--__.----------668, 734, 1157, 1780, 2053
HR 249 --Hart County; commend certain students--------------------1578 HR 58-130 --Hart County Industrial
Building Authority; create, amendment to the Constitution......... 303, 354, 398, 576, 912 HB 159 --Hart County; relating to compensation of assistant Tax Commissioner __----_----------.349, 375, 432, 497, 680 HB 609 --Henry County; compensation of County Treasurer ___..__.._---- 1231, 1326, 1556, 1564, 2042
HR 284
--Henry County; congratulations to Board of Education ----------------------------_------.-- 2028
HB 634
--Henry County; election of Board of Commissioners of Roads and Revenues -.-.------.1321, 1449, 1556, 1565, 2045
HB 367
--Houston County; Board of County Commissioners; compensation _._--..____.........------__----..621, 670, 738, 748, 909
HB 454
--Houston County; relating to Mayor and Councilmen .._..----____._.__820, 869, 904, 918, 1558
HB 674
--Irwin County; create office of Tax Commissioner .......-.----1447, 1550, 1696, 1714, 2048
HB 653
--Jackson County; salary of Commissioner ........... 1324, 1452, 1696, 1718, 1942, 2006
HB 656
--Jackson County; U.S. De partment of Agriculture surplus commodities __...1324, 1452, 1696, 1719, 1902, 2005
HR 115-272 -^Jeff Davis County; capital improvements of new industries; amendment to the Constitution ..........----____________423, 478, 550, 597, 912
HB 84
--Laurens County; compensation of Clerk of Superior Court----.238, 275, 311, 340, 344, 504
HB 110
--Laurens County; Create Dublin-Laurens County Development Authority _.___----------271, 309, 677, 688, 906
HB 180
--Liberty County; compensation of County Commissioner....-------..--..367, 393, 480, 487, 680
HB 179
--Liberty County; supplement fees of the Ordinary...--------------..367, 393, 480, 487, 680
HB 214
--Long County; compensation of Sheriff __--__--------____------------387, 427, 480, 491, 678
2308
INDEX
HB 212 HB 188 HB 187 HB 328 HB 47 HB 521
--Long County; relating to com pensation of Commissioners of Roads and Revenues ...___....._.___._. 387, 427, 480, 490, 681
--Lowndes County; Board of Commissioners of Roads and Revenues; designate positions_________ 369, 395, 480, 489, 681
--Lowndes County; Board of Education, compensation ___________________ 369, 394, 480, 488, 681
--Lowndes County; method of registration and examination of voters .._..______,, _ _ _ 508, 546, 633, 697, 1337
--Lowndes County; tax com missioners shall be exofficio sheriffs ___________..______ 186, 201, 313, 362, 559, 725
--Lumpkin County; create office of Tax Commissioner __............. 1016, 1136, 1147, 1257, 1701
HB 522
--Lumpkin County; eligibility of members of County Board of Edu cation, repeal act ____-._--__-1016, 1136, 1147, 1257, 1701
HB 74
--Miller County; salary of City Court Judge ,,..__ --__--__-_--_ 236, 273, 311, 337, 553
HB 98
--Morgan County; compensation of coroner _----._----._____,,_._________________--241, 277, 312, 342, 552
HB 571
--Morgan County; create Morgan County Development Authority __------_._,,____ 1129, 1236, 1331, 1359, 1704
HB 661 --Muscogee County; fees paid to Coroners----_____________ 1444, 1548
HB 383
--Muscogee County; Housing Authorities Law; amend relating to appointment--_____________ 624, 672, 738, 752, 911
SB 52
--McDuffie County; placing certain officers on salary in lieu of fee system_____________._______838, 868, 900, 954, 966
HB 539
--Mclntosh County; compensation of Ordinary ... _________1019, 1139, 1147, 1260, 1702
HB 682
--Newton County; Board of Com missioners of Roads and Revenues, create ___ ___________________1448, 1551, 1696, 1717, 2049
HB 284
--Newton County; compensation of Sheriff of the Superior Court ___________________-.....-_-....-___.........464, 510, 550, 569, 914, 968
: HB 285
--Newton County; create office of Tax Commissioner ______________________465, 511, 550, 569, 837
HR 146-408 --Oconee County; establish fire protection system; amend ment to the Constitution________________668, 735, 792, 1069, 2053
HR 130
--Pierce County; community of Laure Chapel; tribute to ______________________________________500, 635
INDEX
2309
HR 205-608 --Pierce County; State Librarian
authorized to furnish certain
law books to Ordinary .__.___..._. 1231, 1326, 1454, 1483, 2055
HB 514 --Polk County; abolish office
of county treasurer .__...._............ 947, 1025, 1147, 1256, 1700
HB 448 --Pulaski County; create office
of Tax Commissioner .__------.------785, 828, 874, 883, 1458
HB 181 --Rabun County; to provide a
clerk of the Tax Commissioner----.-368, 393, 549, 562, 834
HB 532 --Randolph County; change millage
rate limit on property subject
to levy by Mayor and
Councilmen .._.._------------------1018, 1138, 1147, 1259, 1701
HB 589 --Richmond County; additional
compensation of solicitor-
general, judicial circuit _. 1133, 1239, 1555, 1560, 1571, 2041
HB 592 --Richmond County; appointment
of Clerk for office of Solici
tor of the City Court..... ...........1134, 1239, 1331, 1363, 1705
HB 590 --Richmond County; appointment
of two Superior Court Re
porters to Judges of Superior
Court
... . 1133, 1239, 1556, 1560, 1571, 2041
HB 584 --Richmond County; compensa
tion of county officials..............1132, 1238, 1331, 1361, 1705
HR 34-68 --Richmond County; conveyance
of State property ....--------..,,--- 197, 244, 739, 884, 1335
HB 294 --Richmond County; county plan
ning and zoning commission,
county board of zoning
appeals; create ............ ............_...._._....466, 512, 550, 570, 1337
HB 586
--Richmond County; establish City Court .......___.___.......... .1133, 1239, 1331, 1362, 1705
HB 591
--Richmond County; fees of coroner - ______
1133, 1239, 1331, 1362, 1705
HB 587
--Richmond County; provide for appointment of assistant solicitor-general ._...______..___...___._. 1133, 1239, 1331, 1362, 1705
HB 588
--Richmond County; provide for appointment of assistant solicitor of city court ........... 1133, 1239, 1331, 1362, 1705
HB 593
--Richmond County; provide for appointment of Judge and So licitor of City Court.......... ------1134, 1240, 1331, 1363, 1705
HB 172
--Screven County; create Indus trial Development Authority ..___.__._._. 366, 392, 480, 487, 680
HB 540
--Stewart County; compensation of the Clerk of the County Commissioners ----------1020, 1139, 1147, 1261, 1702
2310
INDEX
HB 625
--Stewart County; election of county officials by majority of popular votes ____------_------._. 1234, 1328, 1455, 1488, 2044
HB 455
--Sumter County; compensation of Coroner .................._._..________820, 869, 904, 918, 1335, 1372
HB 49 --Talbot County; election districts ..193, 241, 245, 336, 559, 664
SB 105 --Taylor County; consolidation schools __------.---- 840, 869, 901
HR 199-595 --Taylor County; conveyance of certain State property.----------..------------------1134, 1240
HR 102-230 --Telfair County; Officers ineligible to hold office under certain conditions; amendment to the Constitution ..._.,,----_._------
390, 429, 480, 585, 912
HB 366
--Tift County; Tift County De velopment Authority; define powers and duties _..__._______..___--------621, 670, 738, 747, 1339
HB 343
--Troup County; Civil and Criminal Court; Judge may require sureties on personal appear ance bonds -------------------------------541, 628, 677, 692, 909
HB 119
--Troup County; relating to Civil and Criminal Court --------_-301, 352, 397, 496, 678
HB 598
--Turner County Develop ment Authority; further define and prescribe powers and duties --.----------..1135, 1241, 1331, 1363, 1706
HB 154
--Turner County; to create a one member Commissioner of Roads and Revenues --------------347, 373, 432, 497, 678
HB 574
--Upson County; Small Claims Court, establish ----------------.1130, 1236, 1331, 1359, 1704
HB 673
--Walton County; tax equalization program, employ persons to conduct --------.------...----. 1446, 1550, 1696, 1714, 2047
HB 363
--Ware County; Board of Com missioners of Roads and Revenues, create ___------__------------544, 630, 677, 694, 914
HB 520
--Ware County; Board of Com missioners of Roads and Revenues, create ..______._._.____. ---- 1016, 1136, 1331, 1355, 1700
HB 68
--Ware County; create office of Tax Commissioner ----------------197, 244, 738, 753, 1687
HB 350
--Warren County; Clerk of the Superior Court, salary----------542, 629, 677, 692, 1338
HB 351 --Warren County; salary of Ordinary... 542, 629, 677, 693, 1338
HB 349
--Warren County; Sheriff of the Superior Court, salary..----------.542, 629, 738, 756, 909
INDEX
2311
HB 461
--Wayne County; Board of Commissioners of Roads and Revenues, compensa tion of members ..........._____.__._821, 870, 904, 919, 1707, 1841
HB 89
--Wayne County; Commissioner of Roads and Revenues, clerk appointed by county administrator _.__...-------------------- 239, 275, 311, 340, 552
HB 91
--Wayne County; compensation of Sheriff ----------.--------.._.._..._._ 240, 276, 311, 341, 552
HB 90
--Wayne County; Create JesupWayne County Airport Authority.._. 239, 275, 311, 340, 552
HB 575
--Webster County; compensa tion and traveling expenses of Sheriff .___._....._.._.....--------.... 1130, 1236, 1331, 1359, 1704
HR 85-157 --White County; election of mem bers of Board of Education; amendment to the Constitution .... --349, 375, 550, 581, 912
HR 235-675 --White County; transfer of certain real property--------1447
HR 139-395 --Whitfield County; compensation to Mr. Fred Kimsey through Com missioner of Roads and Revenues ...----626, 674, 796, 1244
HB 456
--Whitfield County; photographic recording equipment used in recording records of the Ordinary _-.....----..._._------.------.820, 869, 1555, 1711, 2040
HB 484
--Wilkes County; create office of Tax Commissioner ._........................866, 899, 953, 961, 1335
HB 483 --Wilkes County; salary of Sheriff _._.._..866, 899, 953, 962, 1334
HB 228
--Worth County; create small Claims Court..............---.-----390, 429, 791, 846, 1337
COUNTY BOARDS OP EDUCATION
HB 254 HB 152 HB 602
HB 527
--Authorize payment of traveling expenses to board members.----------418, 474, 548, 707, 871
--Authorized to insure teachers and employees-------------- 346, 373, 397, 504, 794
--Minimum Foundation Program of Education; authority, con solidation of schools --------.... 1136, 1241, 1243, 1380, 1901
--Power to equip facilities beyond 12th grade ------1017, 1137, 1145, 1514, 1602, 1986
COUNTY CONSOLIDATION STUDY COMMITTEE HR 168-477 --Create ------------------.....-----.-__----_------------------ .824, 872
2312
INDEX
COUNTY HEALTH DEPARTMENTS
HB 498
--Change method of payment
of expenses
.......
897, 951, 1454, 1611, 1900
COUNTY POLICE
SB 61 --Limit certain powers to county of appointment _____.._____.__._________.___________.____636, 637, 675, 875
COUNTY PRISONERS HB 308 --Facilities for maintaining ..........................._................... 469,514
COUNTY SUPERINTENDENTS OP SCHOOLS
SB 8 --Filling vacancies ________ __ _ 300,306,356,548,717,718 SB 7 --Qualifications of __________ 299, 305, 356, 548, 709, 1880, 1886,
1943, 1972, 1972
COUNTY TAXES
HB 640
--Slum clearance; purpose for which levied and collected
......... _____ 1322, 1450, 1490
COUNTY WELFARE DEPARTMENTS
HB 158
--Participate in State employees health insurance plan ...__..__...._._....___. _________________ 349, 375
COURTS HB 578 HB 628
SB 46 HB 268
HB 476
HB 556
--Abatement of causes of action; renewal and renunciation by plaintiff ._____..____ 1131, 1237
--Alapaha Judicial Circuit; payment of expenses to Solicitor-General ..............__.... 1234, 1329, 1333, 1520, 2044
--Appellate; costs for transmitting transcript of record ._._._.._._______......_.. 556, 561, 632, 676, 1220
--Atlanta Judicial Circuit; selection and removal of Chief Judge ___.____..._,,.. ................ 422, 477, 550, 567, 1829
--Atlanta Judicial Circuit; So licitor-General to fix compensa tion of assistants .._____.___................ .824, 872, 953, 961, 1334
--Auditors; fees shall be determined by trial judge making such referral ____.__.____.__ 1022, 1141, 1146, 1538, 1972
INDEX
2313
HB 557 HB 235
SB 100 SB 44 HB 218 HB 222
HB 361 HB 660
HB 58 HB 148 HB 384
HB 444 HB 563 HB 306 SB 107 HB 141 HB 65 HB 66 HB 425 HB 305 HB 452 HB 51 HB 59 HB 385
HB 135
--Atiditors; fees shall be
taxed by judge ...__..-......... 1023, 1142, 1146, 1540, 1899, 1929
--Authorize Judge, Court of
Record, to allow counsel fees
certain cases _..--------------_._..----........___ 391, 430, 432, 609
--Brunswick Judicial Circuit;
salary of Secretary......_--..___.839, 868, 901, 1365, 1556, 1572
--Civil Court cases; minimum filing fee...--.----916, 948, 1026
--Clayton Judicial Circuit; compensa
tion of official court reporter--------.388, 427, 480, 492, 679
--Clayton Judicial Circuit; Judge
and Solicitor-General's office
and personnel .-...._._.----------.......--. 389, 428, 481, 493, 679
--Clerk Superior Court; compensation 544, 630, 677, 694, 1339
--Clerks Superior Court; cross-
reference card-index system
for the records ........--.._...----------....--------......----1444, 1548
--Clerk Superior Court; endorse title transfer----------195, 243
--Clerks Superior Court; retirement
benefits, provide for investments.--.346, 372, 397, 446, 833
--Cobb Judicial Circuit; court
reporter, compensation for
criminal cases ... ---- .------......---- 624, 672, 738, 752, 1248
--Conasauga Judicial Circuit;
create ----_--------...--------784, 827, 1029, 1516, 1899, 1932
--Criminal trials; jury shall
determine guilt or innocence of accused 1024, 1142, 1146
--Divorce; clarify in regard
to insane persons .. ..-- ------468, 514, 549, 720, 1833, 1852
--Divorce; clerk to order service
by publication .................
1032, 1036, 1143, 1147, 1384
--Employees and judges; become members
State Employees' Retirement System------------ 345, 371
--Estates; compensation of counsel and expert witnesses .------....--.____.___--___---------- 196, 244
--Estates; compensation for extraordinary services of administrator ._--..___........._------_------...___ 196, 244
--Estates; probate of will in common form ......------ ....731, 788
--Interrogatories; Depositions; methods of service of notice 468, 514, 634, 662, 1461, 1473
--Juvenile Court Act; age limit for making public name or picture of child under jurisdiction..--.786, 828, 953, 1652
--Law; define practice of .......-...--....__--....----------.. 194, 242
--Legal process forms, prohibit imitation.-. _195, 243, 397, 454
--Lookout Judicial Circuit; clerical assistance for Solicitor-General ............ ....... 624, 672, 738, 753, 1150, 1188
--Motion for new trial, objections raised before trial judge --.----..304, 355, 953, 1377, 2049
2314
INDEX
HB 160 --Northern Judicial Circuit; salary for the official court reporter ......._------.--------.---350, 375, 480, 486, 1248
HB 107 --Provide for closing of office for two half days per week for Ordinary ----------.......__..______.270, 307, 549, 1121, 1899
HB 92 --Rome Judicial Circuit; supplement salary of Judge-------240, 276, 311, 341, 552
HB 302 --Small Claims Courts; provide change in practice of garnishments, certain counties ...--------------468, 513, 902, 1155, 1941, 2013, 2040
HB 314 --Small Claims Courts; qualifi cation of judge, certain counties ------ --------------..--..470, 515, 902, 1056
HB 457 --Southern Judicial Circuit; Judge of the Superior Courts, compensation---------_.----821, 870, 953, 1057, 1459
HB 509 --Statewide Probation Act; court's discretion, imposition of sentence --____-.946, 1025, 1029
SB 45 --Superior Court Clerks; collect recording fees in advance -----...-.-.........-......556, 561, 632, 873, 1217 1457
HB 39 --Superior Court; misdemeanor may be tried..........._.---- ---------......_._..185, 200, 873, 1180
HR 160-438 --Superior Courts; incorporate fire protection districts; amendment to the Constitution ------------------------------------783, 826
HR 167-477 --Superior Court Judges; change amount of travel ing expenses--824, 872, 954, 1314, 1316, 1352, 1542, 1831
HB 345 --Superior Court Judges Emeritus; additional compensation--_--_..,,____----541, 628
HB 489 --Superior Court Judge Emeritus; retirement, remove provision allowing time served in General Assembly ........----------______.__.____...____ 895, 950
HB 265 --Trials; civil cases, trial at return term----.--421, 476, 873, 1214, 1902, 2010
HB 595 --Trials; garnishments, issuance of successive summons before trial----------------------1134, 1240
HB 369 --Waycross Judicial Circuit; change terms ...... ----------------....621, 670, 831, 850, 1339
COURTS (Certain Counties)
HB 18 HB 124
--Small Claims Court; garnishments, executions-. -- -------162, 190, 245, 334, 555
--Small Claims Court; provide for notice by certified mail------302, 353, 1455, 1489, 2049
INDEX
2315
COURTS OF ORDINARY
HB 65 HB 107
--Estates; compensation of counsel and expert witnesses ..._-_......--...----_------._--.196, 244
--Provide for closing of office for two half days per week...---...--.-.270, 307, 549, 1121, 1899
COWETA COUNTY
HB 262 HB 263
--Relating to compensation of Sheriff, Ordinary and Clerk of the Superior Court.------..._...420, 475, 633, 641, 697, 876
--To change the clerical expense authorized for office of Ordinary----420, 476, 550, 566, 835
COYLE, REV. J. PRANK Prayer by--(Gainesville, Ga.)_____________------------____--781
CRAB FISHING
HB 165
--St. Andrew's Sound, Camden County, prohibit_____--_____________------.351, 376, 832
CRANFORD, BONNIE AND JAMES HR 157-428 --Compensate ____________._...__._.._----...._.________733, 789
CRAWFORD COUNTY
HB 437
--Salary of Clerk of the Superior Court ____.._......------783, 826, 874, 882, 1707, 1764
CREDIT UNIONS
HB 155
--State employees; authorize deduction of payments ____----..................____--____347, 373, 873
CREEKS HB 402
--Landowners responsible for keeping free from debris.--------------------------667, 734
CRIME INVESTIGATING COMMISSION HB 238 --Create ____.--__--_...___._......._----.----________.___..------------__.392, 430
2316
INDEX
CRIMES (See Named Crime)
HB 40
SB 99 HB 310 HB 354 HB 206 SB 147 SB 63 HB 645
HB 487
HB 43 HB 309
--Capital punishment; exclude under 21 years of age ..........------......185, 200, 397, 519, 916, 966, 1049, 1151, 1197, 1598, 1601
--Criminal responsiblity of children.--------------1709, 1722, 1825 --Abandonment of minors, penalty------------------_--.469, 515 --Larcency of motor vehicles;
punishment ----------.--------------543, 629, 676, 771, 1338 --Lottery; maximum penalty -..----------------------386, 426, 549 --Penalty for desecration of
places of burial _______________------1574, 1598, 1694, 1697, 1858 --Penalty for wilfully burning
real or personal property.-----_-.-.740, 742, 790, 904, 1865 --Person contributing to delinquency
of children shall be guilty of a misdemeanor --------------------------------------1323, 1450 --Redefine punishment for entering and stealing from hut, temporary building, etc., and for forcibly opening coin operated or vending machines ----------__--------------867, 900, 1029, 1685 --Robbery of banks; punishment ------------__----185, 200, 432 --Vagrancy; penalty ..-.------..--..----.----_--------.._----.469, 515
CRISP COUNTY HB 62 --Compensation of coroner ----------------196, 243, 245, 336, 555
CROSBY, REV. CARROLL --Lakeland, Ga.--Prayer by ...__._............------..--_--._....._... 819
CROWE, CHARLES V., JR.
HR 8 --Express sympathy for passing of----------------------------15 (Ex. Sess.)
CROWE, MRS. CHAS. V. (Ex. Sess.)
--Representative, Bartow County; Oath of office administered to__------_----------------8, 11
CRUMMEY, REPRESENTATIVE CECIL
HR 147
--Oath of office administered to .------__----------------__--._,,.. 344 --Sympathy for passing of--------------------------------....686
INDEX
2317
CUMMINS, REV. GEO. W., JR. --Cairo, Ga.--Prayer by............................. _.._,,____ .1821, 1894
CUSSETA, TOWN OF
HB 430
--Change terms of Mayor and Councilmen --------------___-- 782, 825, 874, 881, 1340
CUTHBERT, CITY OF HB 101 --Amend charter ------------__------------ 269, 307, 397, 483, 906
D
DALTON, CITY OF HB 185 --Change corporate limits __.__----------. 369, 394, 480, 488, 834
DANIEL, MRS. RUBY B. HR 84-157 --Compensate _______----_----...--------...----._-....._.-...--_._ 348, 374
DA VIS, WILLIS J. HR 277 --Appreciation to.---------------------------......._- ....... 2024
DAWSON COUNTY
HB 583 HB 582
--Change compensation of Commissioner of Roads
and Revenues --------_------ 1132, 1238, 1331, 1361, 1705
--Compensation of County
Tax Commissioner.._
1132, 1238, 1331, 1360, 1704
DAY CARE CENTERS
HB 142
--Department of Public Health; standards for care of mentally retarded ___________ 345, 371, 548, 607, 1248
DEATHS HB 568
--Application for year's support, require full name and legal residence of deceased_______----------1129, 1236
2318
INDEX
DEATH SENTENCE
HB 40
--Exclude under 21 years of age _______ 185, 200, 397, 519, 916, 966, 1049, 1151, 1197, 1598, 1601
DECATUR, CITY OF SB 38 --Extend city limits __.__......._..._,,_._. 558, 561, 632, 739, 746
DECATUR COUNTY
HR 194-580 --Authorize Governor to convey certain
property owned by State
_ _ .. 1131, 1237
HR 90-163 --Superior Court; authorize State Librarian
to furnish certain law books ______ 350, 376, 432, 499, 838
DECEASED HB 568
--Application for year's support, require full name and legal residence of deceased-__--___ 1129, 1236
DEER HB 397
--Game and Fish; condemnation of property used in hunting at night ____________ 626, 674, 1333, 1680, 1901, 2000
DEFENSE AND VETERANS AFFAIRS
HR 203-595 --Create interim legislative committee ....... 1135, 1240, 1693, 1694
--Interim Committee Report .__..._--.-__-__.___..______.._. 2064
DKKALB COUNTY
HR 234-669 --Citizens' committee to study public safety_......__.___....__ 1446, 1549, 1695, 1720, 1942, 2008
HB 549 --Civil and Criminal Court, salary of Judges, Solicitor, Clerk and Marshal _____________ 1021, 1141, 1148, 1265, 1703
HB 396 --County Board of Education districts __...._._._.._.. __.__._.._.._..626, 674, 676, 1332, 1355, 1700
HB 469 --Court Bailiffs, provide method of fixing salaries-__.......822, 871, 1455, 1488, 1490, 2041
HR 219-650 --Create citizens' committee to study administration of justice_____._.._._.._____ ____ 1323, 1451, 1556, 1572, 1904, 1943
HB 470 --Examination for qualified electricians .______.___.. ______....__....______823, 871, 1332, 1357, 1700
INDEX
2319
HB 683 --License fees, business subject to regulation by the State Public Service Commission.-_____________1448, 1551, 1695, 1711, 2049
HB 681 --Superior Court, authorize solicitor-general to appoint investigators ______----_1448, 1551, 1696, 1716, 2049
HR 108-267 --Transfer of certain real property-__._421, 476, 634, 712, 913 HB 669 --Urban Redevelopment Law,
amend ________-.__________...._._____-___1446, 1549, 1696, 1714, 2047
DELINQUENCY
HB 645
--Delinquent children; person contributing to delinquency shall be guilty of a misdemeanor-.--____.__._____.___..._--._........___. 1323, 1450
DENTAL COLLEGE
HR 175-494 --Create in conjunction with Medical College of Georgia...___.. 896, 950, 1031, 1285, 1352
HR 41-95 --In conjunction with Medical College of Georgia; allocation of funds._._240, 276, 433, 502, 503, 518
DENTAL HYGIENISTS
HB 176 HB 175
--Pees paid to Board of Dental Examiners shall not be refundable...-.-_---367, 393, 874, 1008, 1706
--Licensing and practice; regulate....367, 393, 874, 1005, 1828
DENTISTS HB 641 HB 175
--Georgia State Board of Denturistry; create ..._______.___--------.______1322, 1450, 1695
--Licensing and practice: regulate _------_____.._----______.----_ 367, 393, 874, 1005, 1828
DENTAL STUDENTS
HR 163-445 --Authorize scholarships; amendment to the Constitution ..--785, 827, 1147, 1496, 1499, 1833, 1844
DE OVIES, HONORABLE DEAN RAIMUNDO HR 71 --Sympathy for passing of----.__.__--------___._______321, 379
DEPARTMENT OF LABOR
HB 355
--Employment Security Agency; provide suitable offices.....-.----543, 629, 1028, 1518, 1830
2320
INDEX
DEPARTMENT OP PUBLIC HEALTH
HR 158-429 --Authorization to write off
uncollectable accounts ...._.________ 733, 789, 905, 1113, 1831
HB 142 --Day Care Centers; standards for care
of mentally retarded .........
345, 371, 548, 607, 1248
HB 429 --Release from certain contractual
obligations _.___........... ..._.._.._733, 789, 905, 1534, 1602, 1989
HB 291 --Veterans Home at Milledgeville;
funds appropriated ________,,_____._._.______.__------. 465, 511
DEPARTMENT OF PUBLIC SAFETY
HB 272 HB 10 HB 271 HB 491 HB 573 SB 14
HB 125 HB 201
--Change fees for driver's licenses ._ _ __ 423, 478, 1332, 1907 --Change speed limit,
motor vehicles _ . .. . 160, 189, 245, 261, 431, 436, 437 --Driver's licenses to persons
under 18 years of age .,,......___.._______ 423, 477, 1332, 1907 --Periodic examination of driver's
license holders prior to renewal ._....___,,.._-.-..._.._.... 895, 950 --Speed and traffic laws; exclusive jurisdiction 1130, 1236 --Uniform Act Regulating Traffic
on Highways; provide for inspection of motor vehicles ..........__. ._..... 557, 559, 631, 1028, 1946 --Uniform division, exclusive jurisdiction .___...... __._____......... 302, 353, 378, 518 --Use of timing devices and radar equipment __.._.... 385, 425
DEPARTMENT OF PUBLIC WELFARE
HB 325 HB 326 SB 3 HB 324 HB 323
HB 561 HB 485
--Aid to Blind Act;
define "assistance"
507, 545, 1027, 1206, 1830
--Aid to Dependent Children Act;
define "assistance" .._...___.__.__._... 508, 545, 1028, 1208, 1830
--Aid to Dependent Children Act;
redefine "Dependent Child"_.._____ 557, 559, 630, 875
--Aid to Disabled Act; medical care benefits,
relieve certain counties ......... 507, 545, 1028, 1204, 1830
--Old Age Assistance Act, Aid to the Blind Act,
Aid to Dependent Children Act; relieve
certain counties, financial
responsibility ._.____......__.__.....___.... 507, 545, 1028, 1202, 1830
--Rename "State Department of Family
and Children Services". _____ 1023, 1142, 1456, 1637, 2051
--Retention of certain benefits ___. 867, 899, 1149, 1310, 1900
DEPARTMENT OF YOUTH HB 5 --Create .._..._..______................__.... 159, 187, 905, 1082, 1462, 1592
INDEX
2321
DEPENDENT CHILDREN (See Minors)
SB 3 HB 458
--Aid to; redefine dependent child -----557, 559, 630, 875 --Tax exemptions for students --------.------..----__ 821, 870
DEPOSITIONS
HB 75 HB 305
--Disposition of---------_..-------------- 236,273,432,503 --Methods of service of notice -468, 514, 634, 662, 1461, 1473
DESECRATION SB 147 --Penalty
- . - . - 1574, 1598, 1694, 1697, 1858
DEWS, HONORABLE CHARLES E., SR. HR 248 --Sympathy for passing of ---_------. 1577
DEXTER HIGH SCHOOL HR 283 --Commend Girls Basketball team
_.__.--_._..._.. 2027, 2053
DISABLED PERSONS
HB 324
--Aid to: relieve certain counties certain medical care benefits . ,,. 507, 545, 1028, 1204, 1830
DISABLED VETERANS
HB 304 HB 61 HB 565
--Issuance of license tags .---------------- .___....__. 468, 514, 903 --Parking . --_----. 195, 243, 791 --Provide free parking upon entering State Parks 1024, 1143
DISASTER AREA
HB 666
--Urban Redevelopment Law; suspension of certain requirements--------------. -- --.-..... ... 1445, 1549
DIVORCE HB 306 SB 107
--Clarify in regard to insane persons----------.-468, 514, 549, 720, 1833, 1852
--Clerk of court to order service by publication ----.._-.. 1032, 1036, 1143, 1147, 1384
2322
INDEX
DIXON, HARRY, Representative, Ware Co. (Ex. Sess.) --Oath of office administered to__----_------_-----____.----_ 9, 11
DOBOY SOUND
HB 269
--Close for taking of crab and shrimp with a net other than a cast net---__--__._.422, 477, 831, 941, 1829
DODGE COUNTY
HB 544
HB 543 HB 545 HB 546
--Change allowable compensation of Clerk of Commissioners of Roads & Revenues ----.........1020, 1140, 1147, 1261, 1702
--Change allowable compensation of the Clerk of the Tax Commissioners ............ 1020, 1140, 1147, 1261, 1702
--Change allowable compensation of the Clerk to the Ordinary............. 1021, 1140, 1147, 1262, 1702
--Compensation of Additional Deputy Sheriff....___.....___--...... 1021, 1140, 1148, 1262, 1702
DONALSONVILLE, CITY OF
SB 30
--Mayor, Alderman, compensation _._.___.._..___--__._...._...___.__ 558, 560, 632, 739, 745
DOOLY COUNTY HB 652 --Salary of Tax Commissioner.... 1324, 1451, 1556, 1571, 2046
DOSTER, NORMAN B. Elected Doorkeeper of House... --....-------._.--_.__--__._._...__________.__.___110
DOUGHERTY COUNTY
HB 617
HB 615 HB 616
--City of Albany and Dougherty County; appropriate money from general funds to Board of Education of Dougherty County--------1232, 1327, 1455, 1481, 2043
--City of Albany and Dougherty County; jointly acquire lands and buildings -1232, 1327, 1455, 1480, 2043
--City of Albany and Dougherty County; merger of independent school systems -1232, 1327, 1455, 1480, 2043
DOUGLAS COUNTY
HB 336 HB 338
--Cash allowance for Sheriff----------------.540, 627, 677, 690 --Study Commission; create.--.--------640, 627, 677, 691, 908
INDEX
2323
DOUGLASVILLB, CITY OF
HB 337
--Date of election for Mayor and members of Council ...--.----_------540, 627, 677, 690, 908
DOWELL, DOCTOR SPRIGHT
HR 213 SR 61
--Sympathy for passing of.--..--_.....____...._..--_--------1162 --Sympathy for passing of..------____----_----_--915, 1164
DRIVERS EDUCATION
HB 270
--State Board of Education; create program.----------.--------422, 477, 1332, 1907
DRIVERS' LICENSE COMPACT HB 600 --State of Georgia shall be a party to.--....--.--.._. 1135, 1241
DRUGS HB 372
--Exclude Sales Tax from drugs prescribed by physician .....--._ ------.--------. 622, 671
DUBLIN, CITY OF
HB 110
--Create Dublin-Laurens County Development Authority ...----.---- 271, 309, 677, 688, 906
DUDLEY, TOWN OF HB 579 --Extend city limits .......------ -- 1131, 1237, 1331, 1360, 1704
DUNCAN, CLARK W. HR 44-107 --Designate highway-.--..... 270, 308, 431, 503, 635, 876, 911
DURDEN, ELDER JOHN D.
Swainsboro (Emanuel County) Ga. Prayer by..--------_------.------------..-----------5, 18, 24, 31, 38, 45, 70, 74
DURHAM, HONORABLE A. E. HR 209 --Sympathy for passing of-----------...----------------1159
2324
INDEX
E
EAST POINT CITY OF
SB 77 SB 78 SB 51 SB 79 HB 26
--Division of officers and employees .__. 683, 685, 737, 954, 963
--Drainage of surface water...---------- 684, 685, 737, 954, 964
--Extend city limits ...----___ ........ 838, 867, 900, 954, 964
--Qualified voters .--------.._------------. 684, 686, 737, 954, 965
--Water mains; donated from City of
Atlanta
__
. 183, 198, 311, 334, 344, 554
ECONOMY, REORGANIZATION AND EFFICIENCY IN STATE GOVERNMENT COMMITTEE
SR 14 --Create .....-- .___ ._......... .----..... 300, 306, 357, 1557, 1745, 1833
EDISON HIGH SCHOOL
HR 255 --Congratulations to..-------.--.-- ....
1584
EDMONDSON, REV. C. C. -- Montezuma, Ga. --Prayer by ....----------------_----.------____.._----.__.....----___ ... 864
EDUCATION
HB 95 --Academic Junior College Program; establish as part of public school system _----------.------...----._____. -- . 240, 276
HB 140 --Area boards of; applicable to Social Security Act .__--_._----. 344, 371, 1242, 1616, 2049
HB 152 --County Boards of; authorized to insure teachers and employees.---_---__.,,__.. 346, 373, 397, 504, 794
HB 254 --County Boards of; authorize payment of traveling expenses to board members ------.418, 474, 548, 707, 871
HB 527 --County Boards of; power to equip facilities beyond 12th grade.--....1017, 1137, 1145, 1514, 1602, 1986
SB 8 --County Superintendents of Schools; filling vacancies ..__.--------...-- 300, 306, 356, 548, 717, 718
SB 7 --County Superintendents of Schools; qualifications ----...----.299, 305, 356, 548, 709, 1880, 1886, 1943, 1972, 1972
HB 307 --Educational grants; grand jury to decide when Act shall become effective----.--------.-----,,. 469, 514
HR 69 --Federal Aid to; urge Congress to enact appropriate legislation _--....__.. 326
HR 21-23 --Governor's Commission to Improve Education; create ----------163, 191, 191, 230, 431, 435, 482, 483, 840, 1609, 1872, 1903, 1916
INDEX
2325
SB 81 --Grants; method by which paid _. 683, 686, 737, 1145, 1939
HB 93 --Lord's Prayer; recited in all common schools ....._.. 240, 276
HB 504 --Milk; schools not included under any law
regulating dispensing of .. .. . .. 898, 952, 1146, 1785
HB 76 --Minimum Foundation Program of Education;
calculation of financial ability _____ 236, 273, 377, 401, 682
HB 602 --Minimum Foundation Program of Education; county
school boards authority, consolidation of
schools
. 1136, 1241, 1243, 1380, 1901
HB 486 --Minimum Foundation Program of Education;
supplemental salaries to school lunch
supervisors ___._.._____..____....__......._.__.._____.,.._.. ...... 867, 900, 1330
SR 79 --National council of teachers of English
Achievement Awards, commend _.___--____..,,__.-.--...1459, 1470
HE 93-181 --Oil and mineral proceeds from State lands to be appropriated
for education; amendment to the Constitution ....368, 394
HR 119-295 --Prohibit Homestead Exemption from ad
valorem taxation for school purposes;
amendment to the Constitution _______ ___...__.._.. 467, 512
HB 684 --School bus drivers; increase minimum salary _ 1547, 1693
SB 26 --School bus drivers;
obtain a chauffeur's license .____ _ 558, 560, 631, 792, 1955
HB 102 --School buses; discharge
of passengers _____________ 839, 869, 901, 1145, 1798, 1833
HR 131 --Southern Technical Institute; urge Board of
Regents to construct additional dormitories ...... 501, 635
HB 270 --State Board of; driver education program,
create ______....____.._____._.____..._____-_______.______-__ 422, 477, 1332, 1907
HB 200
--State Board of; garnishments; exempt from wages due deceased employees .___..__.._. ._. ....... 385, 425, 954
HR 227
--State Board of; study corporal punishment in public schools _________ 1342, 1554, 1586
SB 67
--State School Superintendent; qualifications ,,._.._.-....._.._..__..... 740, 742, 790, 873, 935, 1034
SR 47
--Tax exemptions for certain educational expenses; urge Congress to support ____________ 683, 684, 736, 873
HB 149
--Teachers' retirement; authorize employment of advisory agents __ .._-.. __....__ 346, 372, 397, 449, 794, 1984
HB 423
--Teachers' retirement; computation of member's service retirement allowance ......_.._......_.._-._...._ ....... 731, 788
HB 139
--Teachers' retirement; credit for prior service ....... ..... 305, 356, 902, 1171, 1828
HB 450
--Teachers' retirement; pertaining to retirement before January 1, 1963 785, 828
SB 164
--Teachers' retirement system; change minimum floor __..___ .... . 1708, 1721, 1825, 1907
HR 261
--University of Georgia; relative to Agricultural-Engineering Building ........ 1815
2326
INDEX
EDUCATION, JOINT COMMITTEE --Interim Committee Report.___--------_----__---------------- 2079
EDUCATIONAL INSTITUTIONS, PRIVATE --Interim Committee Report-----------------------------. 2133
EDUCATIONAL RIGHTS COMMITTEE --Interim Committee Report.---------------------------- 2136
EDUCATIONAL TELEVISION
HB 100
--State Board of Education to establish instructional courses ------------ 241, 277, 1145, 1256, 1330, 1490, 1898, 1926
EDWARDS, PRANK H.
Elected Legislative Counsel----------------__------------123 HR 12-JR-l --Legislative Counsel; election of----------------------122
EFFICIENCY AND IMPROVEMENT IN GOVERNMENT
SR 9 --Create Governor's Commission --------------278, 306, 357, 378, 409, 877, 1608, 1710, 1752
ELECTION BOARD, STATE HB 687 --Create ----..--------___------------_--------------1548, 1694
ELECTION LAWS STUDY COMMITTEE SR 24 --Create ------------------------636, 636, 674, 1031, 1654, 1834
ELECTION RETURNS HR 6 --Joint Session to canvass returns ----------------------107, 111
ELECTIONS SB 124
HB 73
--Allow State employees sufficient time off to vote------------------------.1459, 1462, 1552, 1897
--Ballots prepared so voters may check person for whom they desire to vote------------236, 272, 873, 1306
HB 153 HB 463 HB 499
HB 686 HB 54 SB "40 HB 246 HB 418 HB 117 HB 547 HB 401 HB 144
INDEX
2327
--Complete revision relating to qualifications --------_------..------347, 373, 432, 503, 913
--Eliminate use of tally sheets----._.----------.-- 822, 870 --Managers, clerks, etc.; unlawful to serve in
any capacity if person has served two separate sentences for violation of criminal laws against the United States.-------785, 828, 1547, 1557, 1641, 2051 --Minimum limits, solicitation at polling places ____,,..1548, 1693 --Municipalities; residency requirements, eligibility to hold office..-----------194, 242, 310, 363, 636 --Poll workers, wearing of badges.----636, 637, 674, 875, 937, 955, 1873 --Provide for registration other than office of registrars----------417, 473, 564, 634, 703, 1150 --Qualification fee fixed and posted ten days prior to special election.-.-----___730, 787, 1334, 1503, 2050 --Require a majority of votes cast--------301, 352, 549, 645 --Voters; define "resident"-----_.--------.--_------. 1021, 1140 --Voting by mail; mailing privileges of military personnel _---------------_-------- 667, 734, 1147 --Voting machines; provide for use.------ 345, 372, 1031, 1420
ELECTION STUDY COMMISSION SR 34 --Extend time for making report _____ 556, 561, 632, 1827, 1910
ELLARD, GLENN W. --Elected Clerk of House .-----------------....... .-- ....- 104
EMERITUS POSITION LAWS HR 222 --Create committee to study.------------.--..------ 1254, 1698
EMINENT DOMAIN
HB 279
HB 2 (Ex. Sess.)
--State Highway Department____ power of ....-...---.._----------.----.424, 479, 548, 611, 836
--Power of; procedure..------------------.21, 26, 33, 34, 76, 77
EMORY MEDICAL CENTER HR 280 --Relating to------------------------..----..---.--.---.-. 2025
EMPLOYEES HB 156
--Payment of wages due deceased state employees....--......347, 373, 397, 519, 603, 1034, 1047
2328
INDEX
EMPLOYEES -- POLITICAL SUBDIVISIONS
HB 513
--Authorized to purchase blanket bonds covering employees ......--_._,,__-- 947, 1025, 1029, 1305, 2051
EMPLOYEES' RETIREMENT SYSTEM (See Retirement)
HB 190 --Accumulation of creditable service, involuntary separation ----__ 370, 395, 551, 648, 914, 920
HR 207 --Create joint committee to investigate _----------_----___-- 1157 HB 145 --Employment of agents for advisory and
investment purposes ._----.... 345, 372, 397, 443, 794, 1982 HB 103 --Full benefits after 35 years of service ......... 269, 307 HR 86-157 --Invest funds in home loans on property
located in Georgia....... .............------_... 349, 375, 1330, 1771 HB 141 --Judges and court employees to
become members.------------ --.-- _..------------------__ 345, 371 HB 184 --Re-establishment of membership .... 368, 394, 903, 1222, 1706 HB 56 --Remove certain provisions ------ ...___ 195, 242, 310, 362, 793 SB 83 --Survivors' benefits...-__.----......----.839, 868, 900, 1149, 1530
EMPLOYMENT SECURITY AGENCY HB 355 --Provide suitable offices ....... ------ 543, 629, 1028, 1518, 1830
ENGINEERS HB 52
--State Board of Registration for Professional Engineers & Surveyors; per diem expense allowance ----.._... 194, 242, 310, 363, 364, 366, 1169, 1829
ENIGMA, TOWN OF HB 138 --New Charter ........_____.__.----....__. 305, 356, 397, 484, 841, 844
ESCHEAT HB 6
--Disposition of Property by Banks.........__....._--...... 159, 188
ESTATES HB 66
HB 427
HB 65 HB 542
--Administrators; compensation for extraordinary services._------.. ------_----___----________ 196, 244
--Allow wife to sell estate to extinguish husband's debts....---- .---------.----_...----.....732, 788, 1029
--Counsel and expert witness; compensation..._.--_------ 196, 244 --Define legal status and non-liability of
fiduciary _-.___. __..---- .......-.------------ 1020, 1139
INDEX
2329
HB 129 --Fiduciaries; prescribe type of investments permitted to make ..... .__.......____ .. 303, 354, 1029, 1057
HB 500 --Investments in real estate loans 897, 951, 1028, 1522, 1830 HB 425 --Probate of will in common form --_. _...... __ .. . 731, 788 HR 154-427 --Wife not responsible for husband's debts;
amendment to the Constitution .._._...__..._._... 732, 789, 1029
EVANS COUNTY
HB 373 HB 260
--Clerk of Superior Court, compensation-.__.-...---..-..--...-..-. 622, 671, 738, 749, 910
--Compensation of the Ordinary .._.___...___.._._._._____.._.__...-.. 420, 475, 550, 566, 835
EXAMINING BOARDS, STATE
HB 391 HB 432
--Uniform per diem and expenses for members
625, 673
--Psychologists; Method of Appeal.__...... .. .... 782, 825, 1146
EXECUTIVE ORDERS
HR 132-330 --Federal Internal Revenue Code of 1954; ratify
Executive Order of the Governor .. 509, 546, 635, 714, 876
HR 133-330 --Income tax, subsistence allowances; ratify
Executive Order of the Governor 509, 546, 635, 716, 877
--Sales Tax, Holy Bible ___..___.... ...... ....... ______
112
--Tangible Personal Property --
University Systems of Ga. __.._._..______--_.._ . 113
EX-OFFICIO OFFICIALS
HB 364
--Compensation of ex-officio officials ...... ...................... 621, 670, 1554, 1754, 1902, 1968
FAIRBURN, CITY OF SB 49 --Provide for election of councilmen 838, 867, 900, 954, 964
FALLOUT SHELTERS SB 143 --Included in government buildings .1708,1721,1824,1826
FALSE ADVERTISING
HB 460
--Revocation of licenses if convicted of fraudulent advertising .__.__.___.___._.__
821,870,904
2330
INDEX
FAMILY AND CHILDREN SERVICES, STATE DEPARTMENT OF
HB 561 HB 562
--Name changed from Department of Public Welfare.,,._.._.________,,._.___..__ 1023, 1142, 1456, 1637, 2051
--Provide for appointment of new county boards in each county..___-_____- 1023, 1142, 1456, 1639, 1901, 1991
FANNIN COUNTY HB 189 --Supplement salary of Ordinary. .____....__.._..__ 369, 395, 480, 485
FARM PRODUCTS
HB 481 HB 473
--Certified Public Weighers; method of weighing... _-_._..__________.__.__.._...___ __.. 866, 899, 1030
--Define Farm Products ...._________._______._.._._-823, 872, 902, 1124
FAULKNER, ALLEN J. HR 116-292 --Compensate . _ .... .
_ 466, 512, 675, 763, 1461
FEDERAL AID AGENCIES HR 88-157 --Urging Congress to support _______.,_ 349, 375, 1330, 1585
FEDERAL AID TO EDUCATION HR 69 --Urge Congress to enact appropriate legislation .... ...... 326
FEDERAL CENSUS
HB 410
--Establish effective date as used in statutory law ._.__._._....._____ ______ 669, 735, 954, 1309, 1831
FEDERAL GOVERNMENT HB 266 --Penal Institutions; jurisdiction ______ 421, 476, 634, 1828
FEDERAL INCOME TAX HB 53 --Deduct from State Income Tax .____.____ _____ .............194, 242
FEDERAL INTERNAL REVENUE CODE OF 1954
HR 132-330 --Ratify Executive Order of the Governor __.____.._. _______ ____________ 509, 546, 635, 714, 876
INDEX
2331
FERTILIZER (See Agriculture)
HB 406 HB 435 HB 186
--Georgia Fertilizer Act of 1960; define "lot", plant nutrient deficiency-......_..------_.__. ...... ........ 668, 734
--Georgia Fertilizer Act of 1960; redefine "manufacturer"...-.-......... 783, 826, 902, 1375, 1899
--Sales tax; exempt....-......--.-----......369, 394, 433, 525, 794
FIDUCIARIES
HB 542 HB 129
--Estates; define legal status and non-liability..--..1020, 1139 --Prescribe type of investments
permitted to make.--------.,,.--__--..-.--303, 354, 1029, 1057
FIELD, HONORABLE ROBERT E. LEE HR 76 --Sympathy for passing of--------_..------.---.---.325, 379
FINANCIAL RESPONSIBILITY ACT (See Motor Vehicles)
HR 395
--Future proof of financial responsibility; Motor Vehicles .----......626, 674, 676, 1126, 1155, 1174, 1832, 1914
FIRE ANTS HR 63
--MH-30; Commissioner of Department of Agriculture requested to conduct program ..... ...... 315, 379
FIREARMS HB 622
--Regulate sale, less than 15" in length ...__..... 1233, 1246, 1328, 1775, 2052
FIRE MARSHAL, STATE
SB 65
--Authorize to make arrests and carry weapons .--........792, 795, 829, 904, 1863, 1896, 1961
FIREMEN SB 34
--Prevent from belonging to certain organizations and striking.-.----------------463, 472, 517
FIREMEN'S PENSION FUND, GEORGIA HB 151 --Provide for investments-----------.346, 373, 397, 452, 793
2332
INDEX
FIRE PROTECTION DISTRICTS
HR 160-438 --Superior Courts incorporate; amendment to the Constitution ..._..__..._....___ .......
783, 826
PISH DEALERS HB 499 --Wholesale; increase license...__........._._...___............. 897, 951
PISHING HB 165 HB 488
--Crab Fishing, St. Andrew's Sound, Camden County .__................_............ ....... _. ..351, 376, 832
--Shad; provide time when may be taken from waters ._......._...........__... .... 867, 900, 1244, 1410
FITZGERALD, CITY OF
HB 71 HB 72
--Change corporate limits .................... 236, 272, 311, 337, 556 --Create Fitzgerald and Ben Hill County
Development Authority _. ..... 236, 272, 311, 337, 556
FLINT RIVER SR 32 --Relative to development of ...... ... ...... .... ...
..380, 381
FLINT RIVER COMPLEX HR 171 --Urge construction of 5 dams on
.... . __ ..... 852, 1034
FLINT RIVER DEVELOPMENT
HR 19 --Urge Congressional delegation to support ..
68
(Ex. Sess.)
FLORAL DESIGNERS, STATE BOARD OF
HB 50 --Board; create .... ........
..
194, 242, 278, 411
FLOYD COUNTY
HB 342 --Authorize additional deputy sheriff 541, 627, 677, 692, 908 HB 341 --Compensation of Sheriff ... ........... 541, 627, 677, 691, 908 HR 187-542 --Transfer of certain State
property to cemetery of the Oostanoula Church ......... - .............. 1020, 1140, 1245, 1414, 1831
INDEX
2333
FLOWERY BRANCH, CITY OF
HB 116
--Name changed from "Town of Flowery Branch"--------!---- 300, 352, 397, 495, 678
FLOYD, MRS. LESSIE
HR 12 --Wish speedy recovery.----------_------------.-- .---- 22 (Ex. Sess.)
FORD, HENRY SR 85 --Commemorate centennial birthday.-- ....-..--......... 1462, 1471
FOREST PARK, CITY OF
HB 376 HB 377
--Extend corporate limits.------.----.623, 671, 738, 750, 910 --Group insurance premiums for
city employees------------------.623, 671, 738, 750, 910
FOREST FIRE COMPACT COMMISSION --Report of Annual Meeting----------.._----....--_.....--_--..... 2140
FOREST PRODUCTS
HB 481 HB 210
--Certified Public Weighers; method of weighing--------------------.-- 866, 899, 1030
--Georgia; provide for exclusive use on State construction ....___ 387, 426, 832, 929, 955, 1200, 1699
FORESTRY HB 597 SB 32 HB 637 HB 322
--Lumber; minimum standards in permanent construction.--------------------.1135, 1241, 1897
--Minimum standards of Lumber in permanent construction-.-463, 472, 517, 1244, 1867, 1906
--Pulpwood, include in the exclusion from load length requirements.----------------.1321, 1449, 1455
--State Board of Registration for Foresters; define powers and duties.------------------------ 507, 545
FORESTRY AND ALLIED PRODUCTS --Interim Committee Report--.__--------_--------------. 2137
2334
FORESTS HB 446
INDEX
--Georgia Forestry Commission; improvement of real estate held under reversionary clause deed.----------.------..785, 827, 831, 1303, 1699
FORSYTE COUNTY
HB 642
--Create a one member Commissioner of Roads and Revenues -------.1322, 1450, 1555, 1569, 2045
FORSYTE, DAN W. HR 196-583 --Compensate ._............._..........---- 1132, 1238, 1554, 1743, 2055
FORT OGLETHORPE, TOWN OF
HB 569 HB 570
--Provide for division into wards ...----,,...----....._ ......1129, 1236, 1454, 1484, 2041
--Relating to Mayor and Alderman ............................... 1129, 1236, 1454, 1477, 2041
FORTSON, BEN W. --Communications ......._----..--....___..........7, 8, 9, 10, 93, 100
FORTSON, HONORABLE BEN AND BURTON, JOE N. HR 279 --Appreciation to....___,,_._...__..--___----_____.--...... ........ 2025
FORT YARGO STATE PARK
HR 159-429 --Colonial Pipeline Company; easement for right-of-way...-..-.733, 789, 1031, 1417, 1831
FORWARD GEORGIA COMMISSION HR 185-535 --Create ._._----___----..___...._.....__----_1019, 1139, 1246, 1648, 2054
FOWLER, HONORABLE JAMES HR 165 --Sympathy for passing of....----_...._...__......._._.........--..............794
FRASER, HONORABLE CARLYLE HR 72 --Sympathy for passing of----.--..._...---..-.---------------322
INDEX
2335
FREEMAN, HONORABLE ORVILLE L. HR 289 --Commend ___..--__._--.--------_------------..--..-.--....-..... 2032
FRUITS SB 82
--Citrus; set standards--------------683, 686, 737, 791, 1215, 1436, 1559
FULFORD, REV. B. M. -- Moultrie (Colquitt County) Ga.
--Prayer by........----------------------..----......... . 182, 193
FULTON COUNTY
HB 319 --Additional pension benefits to certain former officers and employees ..----------------471, 505, 516, 550, 572, 841, 1373
HB 318 --Additional pension benefits to certain former teachers and employees............. 471, 505, 516, 550, 571, 838
HB 135 --Board of education employees --1336, 1341, 1453, 1556, 1573 HB 506 --Board of Education, teachers and
employees, pro-rata refund of contributions.---.--. 898, 952 HR 134-346 --City of Atlanta Study Commission; extend
time for making report.....----...... 542, 628, 953, 960, 1335 SB 87 --Compensation judges, Civil Court.--.839, 868, 901, 954, 965 SR 21 --Construction of streets and sidewalks;
amendment to the Constitution.----.556, 560, 631, 954, 1059 SR 91 --Create Commission to
study elections----.----.---......1708, 1721, 1824, 1897, 1904 HB 360 --Criminal Court, salary of
Solicitor General----------------544, 630, 953, 961, 1338 SB 13 --Depositories, public funds .------.----558, 559, 631, 954, 965 HB 596 --Election precincts ----....-_....----..--1135, 1240, 1244, 1364 SB 104 --Fire prevention systems------------840, 869, 901, 1454, 1488 SB 29 --Garbage Disposal Systems.----.----.. 558, 560, 631, 954, 964 HB 358 --Juvenile Court; salary of Judge---- 544, 630, 953, 962, 1338 SB 136 --Police and firemen pensions .... 1336, 1342, 1453, 1556, 1574 SR 22 --Recreational programs; amendment to
the Constitution.--------------.556, 560, 631, 954, 1062, 1457 HB 303 --Regulations governing payment of
pensions to employees------.-- 468, 513, 550, 571, 841, 845 HB 680 --Retirement and pensions certain
court officials ......------------. 1448, 1551, 1695, 1711, 2048 HB 359 --Salary of Ordinary---------.--------544, 630, 953, 960, 1338 HB 502 --Salary of Sheriff--.-------------- 898, 952, 1454, 1484, 2041 HB 603 --Teachers and employees, Board of
Education; credit for prior service --------------------.1136, 1152, 1241, 1454, 1478, 2042 HR 109-267 --Transfer of certain real property------421, 476, 634, 713, 714, 832, 1197, 2053
2336
INDEX
FULTON COUNTY MINISTERIAL ASSOCIATION HR 245 --Thank for breakfast .........._...._.........__...___.._,,____._..__._..._....._1675
FUND RAISING, PROFESSIONAL
HB 650 HB 685
--Redefine certain words . ... . 1323, 1334, 1451, 1758, 2052 --Registration of religious organizations ._..,,._...___.--..1547, 1693
FUNERAL SERVICE HB 451 --Expenses; exemption from sales tax ~.----_.-------...786, 828
G
GAME AND FISH
HB 397
HB 269
HB 321 HB 477
HB 612 HB 613 HB 488
HB 512
--Condemnation of property used in hunting of deer at night.... ........626, 674, 1333, 1680, 1901, 2000
--Doboy and'Altamaha Sounds; close for taking of crab and shrimp with a net other than a cast net ... 422, 477, 831, 941, 1829
--Quail; unlawful to trap .__-........_.. ..... 507, 545, 832, 890, 977 --Prohibit hunting and taking
of certain birds ..... .... __ 824, 872, 1030, 1432, 1902, 1980 --Provide for purchase of aircraft ..............................1231, 1326 --Rabbits; provide for trapping .......... 1232, 1327, 1333, 1777 --Shad; provide time when may be
taken from waters ..,,..___....__...__......_..... 867, 900, 1244, 1410 --Waterfowl; agreements between Georgia
and bordering States........................... 947, 1025, 1333, 1532
GARNISHMENT
HB 41 HB 200
HB 595 HB 535 HB 302 HB 18
--Certain State Officials.__.___.._ ......_._.....__....... 185, 200, 676
--Exempt from wages due deceased employees of board of education and municipal corporations................ ...... ..... 385, 425, 954
--Issuance of successive summons before trial ...... 1134, 1240
--Proceeds of insurance policies not subject to garnishment ._--1018, 1138, 1146, 1377, 1675
--Provide change in practice; Small Claims Courts, certain counties ........ 468, 513, 902, 1155, 1941, 2013, 2040
--Small Claims Court; execution of in certain counties .....___.....__.._..__......_162, 190, 245, 334, 555
GAS HB 623
INDEX
2337
--Georgia Securities Act; exploratory gas well enterprise, regulation of sales of certificates of interest.---------------.... 1233, 1328
GASOLINE (See Motor Fuel Tax; Taxation)
HB 541 HB 320
--Motor Fuel Tax Law; provide refund when used for cutting timber.------------------1020, 1139
--Motor Fuel Tax Law..... 507, 544, 634, 722, 1155, 1434, 1830
GEER, LT. GOV. PETER ZACK --Address ....... ......_------.--------------._____ .....139
GENERAL APPROPRIATIONS ACT
HR 263 HB 48
--Interim Committee .....__----_._._.----------___............ 1819 --Provide for......187, 201, 737, 796, 817, 854, 858, 1558, .1586,
1709, 1765, 1810, 1834
GENERAL ASSEMBLY
HR 70
HR 11 HR 15-3 (Ex. Sess.) HR 104 HR 10
HR 13 HR 6 HR 8 HR 9
HR 2 (Ex. Sess.) SR 1 HR 3
HB 112 HR 27-47 HR 292 HB 638
--Adjournment (11:30 A.M.) for Budget study by Appropriations Committee ........._....._........... 321, 342, 380
--Compensation of members of House of Representatives ..115 --House of Representatives; one for each county.__.___.......33, 39
. --Invite M. Monroe Kimbrel to address.......------------..399, 464 --Joint Session called for inaugurating the Governor
and Lieutenant Governor; adjournment.------_.115, 141 --Joint Session; to hear address by Governor.-----_.143, 144 --Joint Session; canvass election returns----------.----107, 111 --Joint Session; Inauguration of Governor....----.108, 112, 123 --Joint Session; to elect members of
Legislative Counsel------------------__.--___________ 109, 112, 122 --Notify Governor that General Assembly has convened 13, 19
--Notify House Senate has convened--------._------------Ill --Notify Governor that General
Assembly has convened --___________..____----105, 111 --Pages; excused absences... ...------272, 309, 548, 701, 876 --Provide for Seal----------------...186, 201, 278, 287, 398 --Sine Die (6:15 P.M.) adjournment ----__----------2035, 2057 --State Auditor; time for furnishing
copies of audit to members ....1321, 1334, 1450, 1643, 2052
2338
INDEX
HB 150-426 --Take appropriate steps in cases of emergency resulting from enemy attack; amendment to the Constitution.--.----------------731, 788, 791, 1192, 2054
HR 176 --To hear address by Governor-------------------------878, 1035
GENERAL OGLETHORPE MONUMENT HR 265 --Create interim committee to study..------1818, 1827, 2018
GEORGE, HONORABLE ROY M. HR 243 --Sympathy for passing of------------------------1468, 1699
GEORGE, WALTER F. DAM
HR 17 --Name lake ----------_-..------.__------------.----_.-----__ 67, 68 (Ex. Sess.)
GEORGIA BAPTIST HOSPITAL SR 128 --Commend staff-------__.__----------------.---- 2037, 2056
GEORGIA CIVIL DEFENSE ACT OF 1951
HB 426
--Provide organization in each county....------_-------731, 788, 791, 1190, 1897
GEORGIA DEMOCRATIC PARTY
HR 22
--Expressing appreciation for Jefferson-Jackson Day Dinner----------_--------------155
GEORGIA FACTORY FOR THE BLIND HB 327 --Observe all State holidays with pay--508, 546, 875, 115, 1558
GEORGIA FERTILIZER ACT OF 1960
HB 406 HB 435
--Define "lot", plant nutrient deficiency.___--------668, 734 --Redefine "manufacturer"----------783, 826, 902, 1375, 1899
GEORGIA FIREMEN'S PENSION FUND HB 151 --Provide for investments--------.------.346, 373, 397, 452, 793
INDEX
2339
GEORGIA FORESTRY COMMISSION
HB 446
--Improvement of real estate held under reversionary clause deed--------785, 827, 831, 1303, 1699
GEORGIA HISTORICAL COMMISSION
HR 57-130 --Appropriate funds to develop Cherokee Indian Nation as tourist attraction--303, 354, 902, 1554, 1562, 1765, 2052
GEORGIA INDUSTRIAL LOAN ACT
HB 344 SB 86
--Issuance of additional licenses----__________________________541, 628 --Relocation of loan offices----------740, 743, 790, 1028, 1861
GEORGIA INSTITUTE OF TECHNOLOGY HR 24 --Expressing appreciation to officials--.--_._._--__156, 235
GEORGIA INSURANCE CODE OF 1960 HB 209 --Amend relating to labor unions ___386, 426, 676, 1195, 1829
GEORGIA MENTAL HEALTH CENTER
HR 177-499 --Designate "S. Ernest Vandiver Mental Health Center"--___.--897, 951, 951, 1245, 1406
GEORGIA MILITARY FORCES REORGANIZATION ACT
HB 9
--Governor's personal staff; requirements _--------__,,_________.159, 188, 191, 218, 297
GEORGIA MOTORBOAT NUMBERING ACT
HB 511
--Registration of boats used on boundaries of State___--------.946, 1025, 1333, 1526, 2051
GEORGIA PORTS AUTHORITY
HB 443
--Remove limitation on the issuance of bonds ---------------784, 827, 1334, 1670, 2051
2340
INDEX
GEORGIA PUBLIC SERVICE COMMISSION
SB 23
HB 301 HB 300
HB 296
HB 297
HB 298 HB 299
HB 123 HB 122 HB 120 HB 121 SB 91
SB 90
SB 93
HB 517
--Common carrier; term not including certain vehicles ___._...._ 1033, 1035, 1143, 1332, 1796
--Motor carriers; fix rates, etc. of passengers...____. 468, 513 --Motor carriers; non-resident shall maintain
agent for lawful processes............______.____.--____--...468, 513 --Motor common carriers; non-resident shall
maintain agent for lawful processes _------...----_.. 467, 512 --Motor common carriers;
grant temporary authority.._.___ ________ ... ____ 467, 513 --Motor carriers; grant temporary authority--...._.______ 467, 513 --Motor common carriers; renewal certificates of
Public Convenience and Necessity_____________________________ 467, 513 --Motor carriers; operation within municipalities .... 302, 353 --Motor carriers; define "for hire"_____ ________________ 301, 353, 792 --Motor carriers; redefine authority relating to ...______ 301, 352 --Motor common carrier; redefine "for hire". ___ 301, 353, 792 --Motor common carriers; non-resident
to maintain agent.._______._...--.1033, 1035, 1143, 1332, 1793 --Motor carriers; fix fares
and charges ___.._.._._..__...-- _.__ 1033, 1035, 1143, 1332, 1787 --Motor carriers; non-resident
to maintain agent...........--..._1033, 1035, 1143, 1332, 1794 --Salary of Chairman 948, 1026, 1032, 1291, 1501, 1503, 1703
GEORGIA REAL ESTATE INVESTMENT BOARD HB 147 --Create _ ...._.._._______...__.__. 346, 372, 397, 441, 682
GEORGIA RECREATION COMMISSION HB 202 --Create.--------------__-----.----385, 425, 633, 1386, 1706
GEORGIA RESIDENTIAL HOME BUILDERS COMMISSION HB 690 --Create __________________.._._._._.....____._.,........___ 1824, 1896
GEORGIA RURAL ROADS AUTHORITY ACT HB 280 --Change membership__________________...___......__424, 479, 551, 654, 836
GEORGIA SECURITIES ACT
HB 623
--Exploratory oil or gas well enterprise, regulation of sales of certificates of interest..........--_.___._...1233, 1328
INDEX
2341
GEORGIA STATE BOARD OP DENTURISTRY HB 641 --Create _..._------_......------.----.. --------------1322, 1450, 1695
GEORGIA STATE HIGHWAY AUTHORITY ACT
HB 283 HB 281
--Change membership _----------.----425, 479, 551, 660, 837 --Director of State Highway Board shall not
constitute membership--------------424, 479, 551, 656, 836
GEORGIA TECH SR 117 --Appreciation to officials .__.._____._----__--.2038, 2056
GEORGIA TECH BASKETBALL TEAM HR 228 --Commend ----___....------....._-.,,.--.----------_-----1346, 1699
GILMER COUNTY
HB 215
--Provide for annual audit of the office of County Commissioner---387, 427, 480, 491, 1335, 1371
GLYNN COUNTY
HB 558
HB 611 HB 277
--Brunswick and Glynn County Development Authority; appointment and terms of members ....... -------------1023, 1142, 1148, 1264, 1703
--Magistrate's Court of Glynn County; create..------1231, 1326, 1455, 1479, 2043
--To establish salary system for Coroner.....----------------------424, 478, 738, 754, 907
GOLDBERG, HONORABLE SAM HR 229 --Sympathy for passing of........--___...----_____----------.... 1347
GORDON COUNTY HR 96-194 --Authorize State Librarian to furnish certain law books to Ordinary......----.---- -.370, 396, 1027, 1265 HR 215-629 --Conveyance of certain State property----------------1235, 1329, 1557, 1768, 2055
GOVERNMENT OPERATIONS COMMITTEE
SR 73
--Abolish ----------._..----------........... 1460, 1462, 1552, 1820 --Senate Interim Report------_..----....--...--------------- 2142
2342
INDEX
GOVERNOR
HR 99-230 --Allow Governors to succeed themselves; amendment to the Constitution.------------_..._..__390, 875
HB 518
--Governor's staff; sign or emblem, unlawful to display without Governor's written permission -948, 954, 1026, 1297, 1700, 1833, 1849
--Governor, Inauguration of ------.--______-__------_--_123
HR 8 --Joint Session; inauguration of Governor------.108, 112, 123
HR 13
--Joint Session of General Assembly to hear address...--------____----------_.-------------- 143, 144
HR 117-292 --May succeed himself but may not serve more than 2 terms; amendment to the Constitution..--------_--_.------_.._---......466, 512, 875
HR 2 --Notify that General Assembly has convened---------- 13, 19
HB 9
--Personal staff, requirements of Adjutant General, Assistant Adjutant General, and chief of aides-de-camp--------.--..159, 188, 191, 218, 297
SR 86
--Succession of; amendment to the Constitution--------------...1708, 1722, 1825, 1827
GOVERNOR'S COMMISSION TO IMPROVE EDUCATION
HR 21-23 --Create ................ 163, 191, 191, 230, 431, 435, 482, 483, 840, 1609, 1872, 1903, 1916
GOVERNOR'S COMMISSION FOR EFFICIENCY AND IMPROVEMENT IN GOVERNMENT
SR 9 --Create ------278, 306, 357, 378, 409, 877, 1608, 1710, 1752
GOVERNOR'S COMMISSION FOR SCIENTIFIC
RESEARCH AND DEVELOPMENT SR 64 --Create .--------....--------------1339, 1341, 1452, 1456, 1646
GOVERNOR-ELECT
SR 145
--Provide separate office in State Capitol; provide with certain information _----..--_._. 1460, 1463, 1553, 1556
GRAIN HB 365
--Moisture testing equipment; standards for weights and measures.....-.------621, 670, 791, 925, 1183, 1898, 1935
GRANTS HB 307
SB 81 HB 177
INDEX
2343
--Educational; grand jury to decide when Act shall become effective--------------__--_------_--469, 514
--Education; method by which paid--683, 686, 737, 1145, 1939 --Municipal; provide purposes for which
grants made----------.------367, 393, 739, 1117, 1707, 1847
GREENE COUNTY
HB 679
--Create Greene County Development Authority ---------------------1447, 1551, 1696, 1716, 2048
GRIFFIN, EMORY E. HR 105-254 --Compensate ------ ----------------------419, 474, 902, 996, 1461
GRIFFIN, REV. JAMES, Chicamauga, Ga. --Prayer by.---- -------------------- --------------_----------1228
GUARDIANS SB 137
--Milledgeville State Hospital; committing aliens .__...______------1335, 1342, 1453, 1557, 1944, 1952, 1964
GUNS HB 622
--Regulate sale, less than 15" in length------------------1233, 1246, 1328, 1775, 2052
H
HABERSHAM COUNTY HB 643 --Compensation of the Board of Commissioners ----------1322, 1450, 1556, 1566, 1941, 2009 HB 644 Compensation of Clerk, Office of Tax Commission--------------1322, 1450, 1555, 1569, 2045
HAGAN, CITY OF
HB 482
--Change requirements and qualifications of voters ------------866, 899, 953, 963, 1334
2344
INDEX
HAIRDRESSERS
HB 225 HB 104
HB 217 HB 226
--Cosmetology; define--------_-- 389, 428, 548, 1002, 1247
--Exempt from certain regulations of State Board of Examiners-----___.__----- 269, 307, 397
--Relating to posting of signs at main entrance------- 388, 427
--State Board of Barber and Beauticians Examiners; abolish .-..-389, 428, 548, 617, 979, 1247, 1366
HALL COUNTY
HB 647
--Board of Commissioners of Roads and Revenues; authorized to construct roads...---..----..-1323, 1451, 1555, 1570, 2046
HB 537
--City Court, salary of Judge and Solicitor -----.. ..____._.._._... 1019, 1139, 1147, 1260, 1702
HB 607
--Commissioners of Roads and Revenues, terms of office--.-..------1231, 1326, 1455, 1479, 2042
HB 648
--Construction of sanitary sewers _------.....-- -- 1323, 1451, 1555, 1570, 2046
HR 100-230 --Granting of easements across certain real property--------.-390, 429, 634, 709, 913
HR 47-107 --Superior Court; authorize State Librarian to furnish certain law books ---------- 270, 308, 377, 498, 838
HB 646
--Traffic ordinances to control traffic upon the streets . -...--1323, 1451, 1451, 1555, 1569, 1942, 2009
HALL, WILTON BRIDGE HR 50 --Invitation to attend dedication._------ .. --__._...--
- 246
HAND, DR. HOLLIS HR 269 --Sympathy for passing of-.-.---- -.------------. 1889
HANNA, GEORGE R. HR 216-632 --Compensate .....--.._.--....----.-1320, 1449, 1553, 1741, 2055
HARALSON COUNTY
HR 145-405 --Conveyance of certain property to Board of Education---............. 668, 734, 1557, 1780, 2053
INDEX
2345
HART COUNTY
HR 249 --Commend certain students..,,___--____________--___--._...... 1578 HR 58-130 --Industrial Building Authority; create; amendment
to the Constitution____._.,,_..__-303, 354, 398, 576, 912 HB 159 --Relating to compensation of assistant
Tax Commissioner--------___----__.__.349, 375, 432, 497, 680
HART COUNTY HIGH SCHOOL HR 244 --Congratulations to------___--____.-----------------1468
HARTLEY, TROY HR 106-254 --Relieve as security on a bond------.....419, 474, 551, 644, 838
HAWKINSVILLE, CITY OF
HB 560
--Relating to Board of Commissioners .___..,,__..... ___1023, 1142, 1148, 1264, 1704
HAZELHURST, CITY OF HB 503 --Re-define corporate limits _____..898, 952, 953, 1059, 1459
HAYDEN, HONORABLE N. S. HR 271 --Commend _..------------ .,,--....------------.--..._ ----.._.__....... 1891
HEAD, ERNEST, JR. HR 144-405 --Compensate .....__..._-.._--_____.-_..__.---- .._.._,,...__--.__.----. 668, 734
HEALTH HB 162
--Public Health Code_____... 350, 376, 903, 1365
HEALTH AND HEALTH DEPARTMENTS
HB 498 HB 291
--County Health Departments; change method of payment of expenses _------_..__897, 951, 1454, 1611, 1900
--Department of; Veterans Home at Milledgeville; funds appropriated ...---.--------.----_.--....--.._..-- 465, 511
HEALTH CODE STUDY COMMITTEE --Interim Committee report.......--___--___.____--._--___...____,,__....... 2227
2346
INDEX
HEALTH INSURANCE PLAN
HB 158
--County Welfare Department; authorize participation______________________________ 349, 375
HEATING SB 28
--Warm Air Heating Contractors, Board of Examiners; additional members._.__1151, 1152, 1241, 1826
HENRY COUNTY
HB 609
HR 284 HB 634
--Compensation of County Treasurer ___________ _____._______._______1231, 1326, 1556, 1564, 2042
--Congratulations to Board of Education __________________________ 2028 --Election of Board of Commissioners of
Roads and Revenues ____________ 1321, 1449, 1556, 1565, 2045
HIGHWAYS
HR 44-107 --Clark W. Duncan;
designate highway _________ 270, 308, 431, 503, 635, 876, 911
HB 283 --Georgia State Highway Authority Act;
change membership._.__.__.____,,_.,, 425, 479, 551, 660, 837
HB 259 --National System of Interstate and
Defense Highways; shall constitute
State-aid roads .._,,___ ________ _..__ __420, 475, 548, 612, 876
HB 157 --Notice of excavation of a public way
by Public Utilities _,,.._.-______________ __347, 374, 633, 707, 777
HB 164 --Outdoor advertising signs; controls for
erection and maintenance----__________________ __________ _____351, 376
SB 123 --Outdoor advertising;
controls ______________ __________1149, 1152, 1242, 1555, 1869, 1871
SB 33 --Posters, banners, placards; illegal to post
on public roads _____________________________________ 557, 561, 632, 1555
HB 2 --Power of; procedure,
(Ex. Sess.)
Eminent Domain ____________________________ 21, 26, 33, 34, 76, 77
HB 392 --Prohibit trucks from hauling gravel or stone
without protective coverings ______________ __.______625, 673, 1332
HR 14-9 --State Highway Board; create ,,______________________________.______________ 160
HB 1 --State Highway Board; create __ 158, 187, 192, 206, 299, 327
HB 281 --State Highway Board; Director shall
not constitute the Georgia State
Highway Authority _______..,,..__..___.___424, 479, 551, 656, 836
HB 42 --State Highway Board;
expenditure of funds __________________ 185, 200, 1243, 1609, 2049
INDEX
2347
HB 87
HB 279 HR 258 HB 1 (Ex. Sess.) HB 126
--State Highway Department Director; provide for negotiation of contracts.-----..------239, 275, 1028, 1494, 1496, 1562
--State Highway Department; power of eminent domain----------------424, 479, 548, 611, 836
--State Highway Department; use of domestic materials--___----__------.__----_-1813, 1901
--State Toll Bridge Authority Act; amend; composition of membership--------.-----.-17, 21, 22, 27, 48
--Uniform Act regulating Traffic on Highways; define "LimitedAccess State Highway".---------302, 353, 378, 704, 911
HIGHWAY BOARD, STATE
HR 19-23 --Members qualifications, tenure; amendment to the Constitution.----------163, 190, 192, 215, 299, 433
HIGHWAY DEPARTMENT, STATE (See Eminent Domain)
HB 87 HB 177
--Director; provide for negotiation of contracts---------------239, 275, 1028, 1494, 1496, 1562
--Grants to municipalities to construct and maintain streets------------367, 393, 739, 1117, 1707, 1847
HISTORICAL COMMISSION, GEORGIA
HR 57-130 --Appropriate funds to develop Cherokee Indian Nation as tourist attraction . ---------303, 354, 902, 1554, 1562, 1765, 2052
HODGE, S. A., SR. HR 151-426 --Designate bridge ------ ----....-.,,.__ 732, 788, 1028, 1276, 2054
HOLIDAYS HB 475
--Monday shall be observed if legal holiday falls on Saturday-----------------.---.----- 824, 872
HOLLOWAY, REV. ED., Lumpkin Ga. --Prayer by.----.---------------_--------.--------_------...,,._--.727
HOME BUILDING INDUSTRY
HR 87-157 --Create own insuring and regulating agency-------.---------------- 349, 375, 1330, 1773
2348
INDEX
HOMESTEAD EXEMPTION
HR 101-230 --$4,000.00 exemption to persons 65 years of age or
older; amendment to Constitution
.--____------ 390, 429
HR 48-107 --Increase; amendment to the Constitution..--------.. 271, 308
HR 119-295 --Prohibt from ad valorem taxation for school purposes; amendment to Constitution------------ 467, 512
HOOKS, ELDER V. H., SR., Lexsy, (Emanuel County) Ga. --Prayer by--..----------_----,----..------------... 93, 115
HOOKS, EVIE JEAN HR 183-528 --Compensate ----._______----------------_------------._-1017, 1137
HOPKINS, ALVA P., JR. HR 166-470 --Designate bridge.-_.... ----------. _. 823, 871, 1243, 1536, 1901
HORTEN, CYRUS W., IV HR 202-595 --Compensate .----_--. ---- ..----_----.--------------1135, 1240
HOSCHTON, CITY OF
HB 655
--Remove certain property from corporate limits.--_------------1324, 1452, 1696, 1710, 2046
HOSPITAL AUTHORITIES ACT HB 472 --Method of appointment of trustees ._.---------- 823, 872, 1146
HOSPITAL AUTHORITIES LAW
HB 501
--Contracts for maintenance and use of facilities.....----..-------------897, 952, 1029, 1299, 2051
HOUSE GALLERY AND NEWS MEDIA COMMITTEE --Interim report.__.----------.--_------------------__--.---- 2158
INDEX
2349
HOUSE OF REPRESENTATIVES
HR 223
HR 11 HR 5 (Ex. Sess.) HR 1 HR 2 HR 15-3 (Ex. Sess.) HR 4 HR 4 (Ex. Sess.) HR 5 HR 3 (Ex. Sess.) HR 274 HR 18 (Ex. Sess.)
--Appointment of Jack Tyson as sheriff._------_------...._.._. 116 --House facilities; create
committee to study.---.--_............_..___._.....______1255, 1697, 2016 --Members; compensation, per diem_..__-__.__--------115 --Mileage allowance .._------__.______________.--._____--_....___14
--Notify Senate that House has convened....._--.__________._.._. 12 --Notify Senate that House has convened__.___.-_.-_____..._.....__ 105 --One member from each county--....--------._._____.....__..__. 33, 39
--Provide for Attaches of House.__.._.___-__--.__._-____.....___.__.. 105 --Provide for Attaches of House _._ ...._._.___. ...__._.. ....____.. ... 13
--Rules of House; adopt ___._.----.--__--._.___--------------__--_ 106 --Rules of House; adopt .--------------------....__...________.__._. 13
--Stay-over resolution.....-..-__--_..--.----------------...... 2020 --Amend HR 5 _._.__ .._...,, .... .... 86
HOUSING ADMINISTRATION, GEORGIA; STUDY COMMITTEE --Interim report----..---_----._------------_----.----------_...._.-- 2160
HOUSTON COUNTY
HB 367 HB 454
--Board of County Commissioners; compensation ----_----_------.__---- 621, 670, 738, 748, 909
--Relating to Mayor and Councilmen ----_--..__.----....._..__.820, 869, 904, 918, 1558
HOWARD, MRS. JOHN HR 36-77 --Compensate -------------...------------ 237, 273, 479, 536, 741
HUBBARD, DR. C. S. HR 230 --Sympathy for passing of...._._--------.---------------- 1348, 1699
HYGIENE AND SANITATION
HR 264
--Interim Committee.--..---__----..----------1817, 1827, 2017 --Interim report.----------------------.--.__----------... 2164
2350
INDEX
INAUGURATION COMMITTEE HR 7 --Arrangements for Inauguration_______________..__.--...__._._108, 111
INCOME TAX (See Taxation)
HB 2 --Certain corporations,
file estimates.------.------.-----------.-158, 187, 203, 252, 398
HB 528 --Corporations; repeal provision relating to filing by
two or more corporations ----------1017, 1032, 1137, 1631
HB 422 --Corporate stock; exemptions .----730, 787, 1032, 1726, 2050
HB 267 --Depreciation allowance for small
business firms.------.. ...------------.----.. __------... 421, 476
HB 53 --Federal; deduct from State Income Tax .
194, 242
HB 636 --Imposition, rate of computation and
exemptions from a trust ---- 1321, 1449, 1456, 1633, 2052
HR 133-330 --Subsistence allowances; ratify Executive
Order of the Governor .----. ----.... 509, 546, 635, 716, 877
INDUSTRY
HR 221 SR 65
--Create committee to study promotion of----------...1254, 1698 --Interstate Cooperation Committee to study subsidies
offered to attract new industry.-- 1460, 1462, 1552, 1556
INDUSTRY AND LABOR, COMMITTEE --Interim Committee report (Senate)...--------------..-- 2167
INDUSTRIAL DEVELOPMENT CORPORATIONS HB 404 --Provide for organization --------.__----------------...... 667, 734
INDUSTRIAL DEVELOPMENT AUTHORITY HB 24 --Create in each county, city ............ 163, 191, 739, 984, 1460
INDUSTRIAL LOAN ACT, GEORGIA HB 344 --Issuance of additional licenses _----------_--...--_ --541, 628
INDUSTRIAL LOAN BUSINESS
HB 421
--Establish Study Commission ..730, 787, 1245, 1507, 1509, 1707, 1838, 1898
INDEX
2351
INSANE PERSONS HB 60 --Gifts to minor children........--..._..__...._...... .........195, 243, 549
INSTITUTE FOR LEGISLATORS
HR 25 HR 26
--Expressing appreciation for______________-______-_______.____._157, 235 --Expressing appreciation for dinner--------_--__.--~157, 235
INSURANCE SB 42 HB 209 HB 247
HB 394 SB 64 HB 535 HB 256 HB 224
HB 158
--Insurers; penalties for refusing to pay
claims on bad faith ..____.......____.................. 740, 742, 790, 1146
--Georgia Insurance Code of 1960; amend relating
to labor unions .____....__....--...,,..__. 386, 426, 676, 1195, 1829
--Liability; insurers right to settle claims of
third party __....____..__417, 473, 1029, 1428, 1899, 1928, 1942,
1949, 1975, 2000
--Motor vehicle liability policy;
defined
._._._.__ 626, 673, 676, 860, 1558
--Policy benefit; penalty for false
oath ........... 916, 949, 1027, 1146, 1810, 1823
--Proceeds not subject
to garnishment.___..._......._-..1018, 1138, 1146, 1377, 1675
--Self; limit amounts and coverages in
Columbus, Ga.-----------------.-.419, 475, 550, 565, 835
--Solicitors-General; authorize
participation, State employees health
insurance plan ,,------_------------389, 428, 676, 1645, 2050
--State employees health Insurance
Plan; authorize participation by
County Welfare Departments------___._------.----___..349, 375
INTANGIBLE PROPERTY TAX ACT
HB 115 HB 114
--Change meaning of "long-term" and "short-term" notes, real estate _....____._...._-..-..___.___....._-._...__..__. 300, 352
--Short-term notes secured by real esate.....--._.--..---- 300, 352
INTERROGATORIES
HB 75 HB 305
--Disposition of.....______..._.____.________--____________.__.236, 273, 432, 503 --Methods of service of notice____468, 514, 634, 662, 1461, 1473
INTERSTATE COOPERATION COMMITTEES
SR 65
--Study subsidies offered to attract new industry....------------------------1460, 1462, 1552, 1556
2352
INDEX
INTERSTATE, INTRASTATE COMMERCE SB 123 --Promote flow----------1149, 1152, 1242, 1555, 1869, 1871
INTERIM COMMITTEE REPORTS--SEE PAGES 2058 THROUGH 2259
--Attorneys, Disbarment of----__----------_--...------ ,,,, 2179 --Barber and Beautician Examiners--_------_-----------2058 --Constitutional Revision; advise with Governor------. 2063 --Defense and Veterans Affairs------------.----------. 2064 --Education, Joint Committee to study------------------.. 2079 --Educational Institutions, Private---------------.----- 2133 --Educational Rights Committee -------------------------- 2136 --Forestry and Allied Products----..------------------ 2137 --Forest Fire Compact Commission--.--------------.--..... 2140 --Government Operations, Senate.----.--------..------ 2142 --Hygiene and Sanitation --.----------___------_.----------__. 2164 --Industry and Labor (Senate)----------...--------------_... 2167 --Health Code Study Committee.------------.------....------ 2227 --House Gallery and News Media Committee----_.----.2158 --Housing Administration Study Committee------------2160 --Mental Retardation------.----_.------__.----_------.----. 2206 --Mentally Retarded (New Institution)_-------------- 2210 --Municipal Study Committee -------------------------- 2214 --Law, Unauthorized Practice of----_....---------------- 2203 --Natural Areas Study Committee---------------------- 2217 --Oil, Mineral and Gas Leases--------------------.---- 2224 --School Bus Drivers Retirement----.----------.---------- 2233 --State Institutions and Property
Sub-Committee (penal)----------------.----------..... 2236 --Tax Equalization Study Committee ----..........-- .. 2240 --Teachers Retirement Pay....- ------ ----. .....--...---- ..... 2242 --Temperance Sub-Committee ...----_------.------__._...... 2245 --Uninsured Motorists.----------------------.----.. 2177 --Water Pollution Study Committee ..--------._............ 2249 --Youth Study Committee----------------.------.-- - 2251
INTERIM STUDY COMMITTEES
HR 291 --Relative to -------- ..............._..._------.... . ... . .
2034
INTERIM COMMITTEES AND PERSONNEL
HR 23 --Relating to_.....----------.---- ------------ --........ 83 (Ex. Sess.)
INTERSTATE AND DEFENSE HIGHWAYS HB 259 --Define ..--..-.--------------------------420, 475, 548, 612, 876
INDEX
2353
INVESTMENTS
HB 129
--Prescribe type of investments fiduciaries permitted to make _----..--------------.303, 354, 1029, 1057
INVESTMENT AGENTS
HB 151
HB 150 HB 149 HB 146 HB 145 HB 148
--Georgia Firemen's Pension Fund: authorize employment for advisory purposes.__..._----------...346, 373, 397, 452, 793
--Ordinaries; authorize employment for advisory purposes....._------ 346, 373, 397, 450, 793
--Teachers' Retirement; authorize employment for advisory purposes ._______..___.... 346, 372, 397, 449, 794, 1984
--Peace Officers' Annuity and Benefit Fund; employ for advisory purposes_------..----.345, 372, 397, 445, 793
--State Employees' Retirement System; employ for advisory purposes ....... 345, 372, 397, 443, 794, 1982
--Superior Court Clerks' Retirement Fund; authorize employment for advisory purposes 346, 372, 397, 446, 833
IRWIN COUNTY
HB 674
--Create office of Tax Commissioner ...--__.--...------._- 1447, 1550, 1696, 1714, 2048
J
JACKSON COUNTY
HB 653 HB 656
--Salary of Commissioner 1324, 1452, 1696, 1718, 1942, 2006 --U.S. Department of Agriculture surplus
commodities _----._----.1324, 1452, 1696, 1719, 1902, 2005
JACKSON, HONORABLE JAMES E. HR 97 --Sympathy for passing of..._.__...____.... . .... 380, 431
JASPER, CITY OF SB 112 --Change corporate limits------.... 915, 949, 1027, 1331, 1364
JEFF DAVIS COUNTY HR 115-272 --Capital improvement of new industries; amendment to the Constitution.-----.. ...----.._ 423, 478, 550, 597, 912
2354
INDEX
JEFPERSONVILLE, CITY OF HB 508 --Change corporate limits .--------.946, 1024, 1147, 1155, 1558
JEFFERSON-JACKSON DAY DINNER HR 22 --Expressing appreciation to Georgia Democratic Party.--155
JEKYLL ISLAND
HR 191-575 --M. E. Thompson, former Governor; place marker on Jekyll Island in honor of--.-.1130, 1237, 1333, 1756, 1972, 1979
JEKYLL ISLAND STATE PARK AUTHORITY
SB 148
--Assure income to be used in maintaining------_.___._--_......1461, 1463, 1553, 1556, 1912
JENKINS, CHIEF HERBERT SR 123 --Atlanta Police Department; commend._.----_.--..2039, 2040
JENNINGS, JOHN C., House of Commons, British Parliament --Address ....._,,--..-- _----.----._.--,,....---- ....__._..-...-1252
JESUP, CITY OF
HB 90
--Create Jesup-Wayne County Airport Authority.--------.----__239, 275, 311, 340, 552
JOHNSON, ED F. HR 123-316 --Compensate ......____....----__..__._.__...----.--__----__471, 516
JOHNSON, JULIUS W. HR 56-130 --Compensate ..._....._._...--___...__...._......_...._.._..._. .303, 354
JOHNSON, M. M., JR., Representative, Jenkins County
--Oath of office administered to----__._----_---_----9, 11 (Ex. Sess.)
INDEX
2355
JOINT SESSIONS
HR 10
HR 6 HR 8 HR 176 HR 13 HR 9
--Adjournment of Joint Session called for inaugurating the Governor and Lieutenant Governor....____.------.115, 141
--Canvass election returns----__.._--_...--_.____107, 111 --Inauguration of Governor--.__.___----------108, 112, 123 --To hear address by Governor------------------_--.878, 1035 --To hear address by Governor._...._------._------.143, 144 --To elect members of Legislative Counsel....--.-109, 112, 122
JONES, TEX HR 37-77 --Compensate .........------------------__ .237, 273, 902, 994, 1461
JORDAN, HONORABLE W. HARVEY
HR 1
--Representative, Calhoun County; declared Representative----..------..--------_._------._... --... 99
JUDGES
HB 557 --Auditors; fees shall be taxed by judge........-.......----.1023, 1142, 1146, 1540, 1899, 1929
HB 235 --Court of Record; allow counsel fees certain cases..----__------_----..----_... 391, 430, 432, 609
HB 556 --Fees for auditors shall be determined by trial judge making such referral-------- 1022, 1141, 1146, 1538, 1972
HR 59-137 --Consolidate office Clerk Superior Court and Ordinary; amendment to Constitution ._------_--_._ 304, 355
HB 489 --Retirement; remove provision allowing time served in General Assembly.....----__--------____.... 895, 950
HB 314 --Small Claims Courts; qualifications; certain counties-.-----....----............... 470, 515, 902, 1056
HB 141 --State Employees' Retirement System; to become members.-------------------.------ - ..345, 371
HB 345 --Superior Court; Emeritus; additional compensation ......------ ------..--....... 541, 628
HR 167-477 --Superior Court; change amount of traveling expenses ........824, 872, 954, 1314, 1316, 1352, 1542, 1831
JUDICIAL CIRCUITS
HB 628 HB 268 HB 476
--Alapaha Judicial Circuit; payment of expenses to Solicitor-General.--------...1234, 1329, 1333, 1520, 2044
--Atlanta Judicial Circuit; selection and removal of Chief Judge........------__422, 477, 550, 567, 1829
--Atlanta Judicial Circuit; Solicitor-General to fix compensation of assistants......----.824, 872, 953, 961, 1224
2356 SB 100 HB 218 HB 222 HB 384 HB 444 HB 385 HB 160 HB 92 HB 457 HB 369
INDEX
--Brunswick Judicial Circuit; salary of Secretary--------------839, 868, 901, 1365, 1556, 1572
--Clayton Judicial Circuit; compensation of official court reporter----------------388, 427, 480, 492, 679
--Clayton Judicial Circuit; Judge and SolicitorGeneral's office and personnel----389, 428, 481, 493, 679
--Cobb Judicial Circuit; court reporter, compensation for criminal cases...--------------.624, 672, 738, 752, 1248
--Conasauga Judicial Circuit; Create ----------------------784, 827, 1029, 1516, 1899, 1932
--Lookout Judicial Circuit; clerical assistance for Solicitor-General ----------624, 672, 738, 753, 1150, 1188
--Northern Judicial Circuit; Provide salary for official court reporter----..---- 350, 375, 480, 486, 1248
--Rome Judicial Circuit; Supplement salary of Judge------------------------------240, 276, 311, 341, 552
--Southern Judicial Circuit; Judge of the Superior Court, compensation--------------_ 821, 870, 953, 1057, 1459
--Waycross Judicial Circuit; change terms---------------- ----621, 670, 831, 850, 1339
JUNIOR COLLEGE PROGRAM, ACADEMIC HB 95 --Establish as part of public school system----.-----. 240, 276
JURIES AND GRAND JURIES
HB 563 HB 307
--Criminal trials; jury shall determine guilt or innocence of accused------------------1024, 1142, 1146
--Relating to Educational Grants.----------------------469, 514
JUSTICE, J. O. HR 122-316 --Compensate ----_----__----___--.471, 516, 1242, 1397, 1901
JUSTICES OF THE PEACE AND NOTARIES PUBLIC EX-OPPICIO JUSTICES OF THE PEACE RETIREMENT FUND OF GEORGIA
HB 317 --Retirement benefits; create new law----------------471, 516
JUVENILE COURT ACT
HB 452
--Age limit for making public name or picture of child under jurisdiction----..------------786, 828, 953, 1652
INDEX
K
KANE, PAUL T. HR 200-595 --Compensate __._..___...-.....-.__..
......
2357 .. 1134, 1240
KENNEDY, HENRY C. HR 35-77 --Compensate ______..--
-..- 237, 273, 902, 1011, 1461
KENNEDY, REV. LEWIS, Thomasville, Ga. --Prayer by....__.___._--..._-_.._..____._______________.._________._...........1128
KENNESAW MOUNTAIN NATIONAL BATTLE PARK HR 54 --Authorizing placing of monument.--_______________________ 271, 309
KEROSENE HB 572
--Strike provisions relating to tax __...__......_.._ 1130, 1236, 1456
KEY, FRED G. HR 124-316 --Compensate _____..-__.
. _ .471, 516
KIMBREL, HONORABLE M. MONROE HR 104 --Invite to address joint session of General Assembly 399, 464
KING, MRS. CHRISTINE P. HR 29-47 --Compensate ------ 186, 201, 902, 1188, 1900
KINGSLAND, CITY OP
HB 166
--Increase in ad valorem property taxes .........._._..-.-.................351, 376, 432, 497, 680
L
LABOR, DEPARTMENT OP
HB 355
--Employment Security Agency, provide suitable offices............... 543, 629, 1028, 1518, 1830
2358
INDEX
LABOR UNIONS
HB 209
--Georgia Insurance Code of 1960; amend relating to------___._--__--386, 426, 676, 1195, 1829
LAFAYETTE, CITY OF
HB 606 --Power of eminent domain.------..1230, 1326, 1454, 1478, 2042
LAKE CITY, CITY OF HB 374 --Corporate limits.------__.--_------------__622, 671, 738, 749, 910
LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY HB 523 --Change method of appointing members.__1016, 1137, 1246
LAMB, HONORABLE R. A. HR 152 --Sympathy for passing of .----------_.---- ..---__.__.----687
LAMBERT, HAROLD, Representative, Decatur County (Ex. Sess.) --Oath of office administered to.--....,,_....______.... 10, 11
LANCASTER, HONORABLE BELA A. HR 220 --Congratulations ..--------------------.-------------- .1253
LANDOWNERS
HB 402
--Responsible for keeping streams, etc. free from debris.--------------..------------667, 734
LANE, MRS. MOLLIE B. HR 45-107 --Compensate .----_----__..------------.-270, 308, 675, 756, 1461
LARCENY HB 354
--Motor vehicles; punishment------543, 629, 676, 771, 1338
LATHAM, MRS. LOUISE D. HR 174-484 --Compensate ----._----_.___.____--------------------. 866, 899
INDEX
2359
LAURENS COUNTY
HB 110 HB 84
--Create Dublin-Laurens County Development Authority--------------271, 309, 677, 688, 906
--Compensation of Clerk of Superior Court.....------_.__-238, 275, 311, 340, 344, 504
LAW (See Attorneys)
HB 51 HB 386
HB 311
--Define practice of.-____-_-_~_--....--------------------194, 242 --Practice of; residence requirements
of applicants ------------------624, 672, 676, 773, 914, 1369 --State Department of; Attorney General shall appoint
all assistant Attorneys General--------------------470, 515
LAW, ATTORNEYS AT--DISBARMENT OF ATTORNEYS --Interim Committee report-.---.----...----..------.------..----2179
LAW BOOKS
HR 90-163 --Furnish to Decatur County Superior Court------.----.--------350, 376, 432, 499, 838
HR 96-194 --Furnish to Gordon County Ordinary ...------_.......----.----------..370, 396, 1027, 1265
HR 47-107 --Furnish to Hall County Superior Court._--..----........___......... 270, 308, 377, 498, 838
HR 205-608 --Furnish to Pierce County Ordinary --------....----...--------.1231, 1326, 1454, 1483, 2055
LAW ENFORCEMENT OFFICERS
SB 61 HB 497 HB 102
--County police; limit certain powers to county of appointment--.....----.._......__._.. 636, 637, 675, 875
--Municipalities; compensation ..----------896, 951, 1246, 1354, 1404, 1828
--Sheriff; place on salary in lieu of fee basis, all counties....------------_.._----------..______ 269, 307
LAW UNAUTHORIZED PRACTICE OF --Interim Committee report ---------------------------- -.-2203
LEE, HONORABLE AND MRS. WILLIAM J. HR 193 --Congratulations to __....----..--------__.--.--_------...._.....1072
2360
INDEX
LEESBURG, CITY OF HB 216 --Change corporate limits---..--....-.388, 427, 480, 491, 679
LEGAL HOLIDAYS
HB 475
--Monday shall be observed if holiday falls on Saturday....--------._--------.------------------._--824, 872
LEGAL PROCESS FORMS HB 59 --Courts; prohibit imitation _.__........_------..----..195, 243, 397, 454
LEGISLATIVE COUNSEL
HR 286 --Appreciation to __.....---__.......------.----__----.__..__.___.2030 HR 282 --Certain information requested._--------...----_----___--------..2027
--Frank H. Edwards, election._--.._.----..------.._----_-...._--_..123 HR 12-JR-l --Election of Honorable Frank H. Edwards.-------..---------122 HR 9 --Members; Joint Session of General
Assembly to elect.._....--._......----..____..----.109, 112, 122 HR 224 --Uniform Vehicle Code; study..................------..1255, 1697,2015
LENOX, TOWN OF
HB 211
--Empower town counsel power to lease specific property .................... 387, 427, 480, 490, 681
LEWIS, REV. L. Y. -- (Cairo, Ga.)--Prayer by..--___________----..1442, 1545
LEWIS, HONORABLE RALPH E. HR 129 --Sympathy for passing of ----_...----__----_._________.........__500
LIBEL HB 380
--Newspaper; candidates seeking public office..--...-- 623, 672
LIBERTY COUNTY
HB 180 HB 179
--Compensation of County Commissioner ......----....--------___.367, 393, 480, 487, 680
--Supplement fees of the Ordinary .--.....367, 393, 480, 487, 680
INDEX
2361
LIBRARY AUTHORITY HB 610 --Create in each county and municipality __--------~...1231, 1326
LICENSES (See named License, Motor Vehicles)
HB 272 HB 600
HB 271
HB 577
HB 491 HB 409
HB 63 HB 45 HB 304 HB 411 HB 688
HB 460
HB 632
HB 499
--Drivers; change fees
..----. __..-----423, 478, 1332, 1907
--Drivers' license Compact; State of
Georgia shall be a party to ...----..__.----.--..--.._ 1135, 1241
--Drivers; persons under
18 years of age --.----------------------.. 423, 477, 1332, 1907
--Drivers; provide for placing
of picture of applicants on license _--..----.11131, 1237, 1697
--Drivers; periodic examination prior to renewal -..-- ..895, 950
--Motor Vehicles; fees for part
of a year ___--__----------_----------669, 735, 832, 1729, 2050
--Motor vehicle plates; reduce passenger car fee.----.--.196, 243
--Motor vehicles; transporting of logs .......--.186, 200, 245, 263
--Plates; issuance to disabled veterans.--._.----_--...468, 514, 903
--Plates; proof of payment of taxes..----..--. 669, 735, 832, 933
--Plates; special licenses for
members of Civil Defense -------------------- -- 1548, 1694
--Occupations; revocation if convicted
of fraudulent advertising ..........------...___.821, 870, 904
--Salesmen; where no delivery
of goodsismade...---.-- .--.--..-....----.1320, 1449, 1557, 1789
--Wholesale Fish Dealers; increase fees ----_----------.897, 951
LIEUTENANT GOVERNOR
SR 86
--Succession of; amendment to the Constitution.------.____.----.1708, 1722, 1825, 1827
LIMESTONE SB 27
--Agricultural, regulate registra tion, labeling .._------------------ .........558, 560, 631, 791, 939
LITERATURE HB 132
--Obscene; unlawful to sell, possess, etc. ------------. 303, 354, 397, 456, 1033, 1051, 1248, 1252, 1298, 1599, 1623, 1709
LITERATURE COMMISSION, STATE HB 131 --Provide for declaratory relief .........----.....--........... 303,354
2362 LIVESTOCK
HB 44 HB 510
INDEX
--Dealers; record names persons bringing in livestock------------.----185, 200, 310, 361, 464
--Weighing at auction immediately prior to sale--------____,,.....__.._._------.--.--------946, 1025
LOANS HB 227 HB 500 SB 86 HB 344 HB 313 HB 421
HB 133
--Effect of open end mortgages limited-...----._--_389, 429
--Estates; investment in real estate loans ______.___...--...897, 951, 1028, 1522, 1830
--Georgia Industrial Loan Act; re location of loan offices.--..----740, 743, 790, 1028, 1861
--Georgia Industrial Loan Act; issuance of additional licenses...--------------.------641, 628
--Granted to counties where 20,000 acres tax exempt----.------.470, 515, 634, 1185, 1558
--Industrial Loan Business; establish Study Com mission --------730, 787, 1245, 1507, 1509, 1707, 1838, 1898
--Limit by banks.--------------------..----------.____304, 355
LOBBYIST HB 564
--Identification badges _.-....--...,,...---------------- ....1024, 1142
LOGAN, HONORABLE BENJAMIN C. HR 246 --Lament illness of .__.....--------_......----__--------..------------.1575
LOGS HB 45
--Transporting of; motor vehicles license .-- 186, 200, 245, 263
LOOKOUT JUDICIAL CIRCUIT
HB 385
--Clerical assistance for Solicitor-General ------.-------- 624, 672, 738, 753, 1150, 1188
LONG, J. B. HR 89-163 --Compensate ----------------------.----------_--------------350, 376
INDEX
2363
LONG COUNTY
HB 214 HB 212
--Compensation of Sheriff..--...----- 387, 427, 480, 491, 678 --Relating to compensation of
Commissioners of Roads and Revenues _----_--------._..----.387, 427, 480, 490, 681
LORD ROBERT W.
HR 20 --Commend ..._-...----......._..----..----...--------...-----_---_-72 (Ex. Sess.)
LORD'S PRAYER HB 93 --Recited in all common schools------------------------240, 276
LOTT, GEORGE W. HR 33-68 --Compensate--------------.---197, 244, 479, 535, 741
LOTTERY HB 206
--Maximum penalty -------------------------------- 386, 426, 549
LOUISVILLE, CITY OF HB 241 --Extend and define corporate limits--416, 472, 954, 963, 1337
LOVEJOY, CITY OF
HB 378
--Name changed from Town of Lovejoy .._.....------..----.----------623, 671, 738, 751, 910
LOWNDES COUNTY
HB 188
HB 187 HB 328 HB 47
--Board of Commissioners of Roads and Revenues; designate positions ----------------------......--369, 395, 480, 489, 681
--Board of Education, compensation---369, 394, 480, 488, 681 --Method of registration
and examination of voters ----------508, 546, 633, 697, 1337 --Tax Commissioners shall be
ex-officio sheriffs --......--------. 186, 201, 313, 362, 559, 725
LUDOWICI, CITY OF HB 213 --Relating to City Court .--------387, 427, 480, 490, 1457, 1477
2364 LUMBER
SB 32 HB 597
INDEX
--Minimum standards in permanent construction ---463, 472, 517, 1244, 1867, 1906
--Minimum standards in permanent construction ______.._------_.___...._,-..__1135, 1241, 1897
LUMPKIN, CITY OF HB 405 --New charter ____..,,.___._ __ _....__.._._...668, 734, 791, 847, 1339
LUMPKIN COUNTY
HB 521 HB 522
--Create office of Tax Commissioner ________ _._.___.....1016, 1136, 1147, 1257, 1701
--Eligibility of members of County Board of Education, repeal act _,,_,,_._____ ..._____....____..____ 1016, 1136, 1147, 1257, 1701
LYONS, CITY OF
HB 240 HB 239
--Change corporate limits _,,____.._____...___. _____416, 472, 549, 562, 834 --Election of councilmen
and mayor by majority vote __....______.416, 472, 549, 562, 834
LYON, ROBERT E.
HR 21 --Express sympathy for passing of__________--___--___________...___.______. 72 (Ex. Sess.)
MACHINERY
HB 3 HB 4
M
--Sales Tax; define ....___....__.___.._.....__..._.__. 158, 187, 202, 220, 299 --Sales tax; exempt sale of
certain machinery __.-___.__.__.___...___..._.. 159, 187, 202, 222, 299
MACON, CITY OF
HB 675
HB 668 HB 339 SB 158
HB 559
HB 390 HB 389
--Abandon portion of Old City Cemetery __..____...._..______.__.1447, 1550, 1696, 1715, 2048
--City Court, establish ._---__- 1445, 1549, 1696, 1713, 2047 --Describe new territory ................_...__...540, 627, 677, 691, 908 --Fire department, police,
sick leave .__.....,,...._...,,_...._....._...... 1708, 1721, 1825, 1897, 1905 --Limitation of ad valorem tax
levy for general municipal purposes_____________1023, 1142 --Powers of the Recorder's Court-.--..-- 625, 673, 738, 747, 911 --Recorder's Court ..._................___..__._._._.. ..625, 673, 738, 753, 911
INDEX
2365
MACON TELEGRAPH HR 278 --Appreciation to -_----__--------------------------- 2024
MADISON, CITY OF
HB 99
--Compensation of mayor and aldermen _......._..__----------._._241, 277, 312, 342, 552
MALT BEVERAGES
HB 332
HB 69 HB 70
HB 331
--Determine whether or not shall be sold in a county _..__........ _..____.,,_---...----. 509, 547, 551
--Determine which may be sold in county---------------- 197, 245 --864 fluid ounces evidence
of possession -._.---------------------------.198, 245, 378, 518 --864 fluid ounces prima facie
evidence of possession ------ ------------509, 546, 551, 1080
MANCHESTER, CITY OF
HB 440
--Amend charter relating to Commissioners ----------------..784, 826, 874, 882, 1340
MANN, ROBERT F.
HR 11 --Express sympathy for passing of--------------------------__16 (Ex. Sess.)
MARIETTA, CITY OF
HB 554 HB 496
--Change corporate limits----------1022, 1141, 1148, 1264, 1703 --Cobb County-Marietta Water
Authority; authorize certain authority relating to water supply.---------------------------- 896, 951
MARIETTA TRANSPORT COMPANY HR 156-427 --Compensate ----------------------732, 789, 1554, 1735, 2054
MARRIAGE HB 105 HB 106
--Relating to persons able to contract marriage ...._.___--269, 307, 953, 1075, 1828
--Underage, unwed parents; may contract for marriage ..__------....--___--270, 307, 953
2366
INDEX
MASSELL, HONORABLE BEN J. HR 74 --Sympathy for passing of.._------ --------------_._323, 379
MATRIMONY HB 105 HB 106
--Relating to persons able to contract marriage .._._____--..269, 307, 953, 1075, 1828
--Underage, unwed parents may contract for marriage --------------------------270, 307, 953
MAYORS HR 51
--Tribute to _.....,,.----.----------------.-___--........_................. 246
MEDICAL COLLEGE OF GEORGIA
HR 175-494 --Dental College; create in conjunction with _------------_.. 896, 950, 1031, 1285, 1352
HR 41-90 --Dental college in conjunction with; allocation of funds ------ 240, 276, 433, 502, 503, 518
MEDICAL EXAMINERS, STATE BOARD OF
HB 289
--Provide for appointment from each congressional district --_----------____ 465, 511, 548, 614, 913
MENLO, CITY OF
HB 524
--Name changed from Town of Menlo ._--------.----1016, 1137, 1147, 1258, 1701
MENTAL HEALTH
HR 177-499 --Designate Georgia Mental Health Centers as "S. Ernest Vandiver Mental Health Center" __....____--------------..897, 951, 951, 1245, 1406
HB 163 --State institutions; cost of care of persons admitted or committed___----..------350, 376, 903, 1365
MENTALLY RETARDED
HB 142
--Day Care Centers; Department of Public Health; standards of care......----.345, 371, 548, 607, 1248
MENTAL RETARDATION --Interim Committee report----.------------------------.---......2206
INDEX
2367
MENTALLY RETARDED INSTITUTION (NEW) --Interim Committee report.----_---_-------------------------2210
MIDDLE GEORGIA COLISEUM AUTHORITY HB 419 --Create ------------------...----.._ -730, 787, 875, 1301, 1706
MH-30 HR 63
--Commissioner of Department of Agriculture requested to conduct program on MH-30.------315, 379
MILITARY SERVICE
SB 106
--Architects; credit for experience while serving....--......-....----....-915, 949, 1027, 1243, 1800
MILITARY, MEMBERS OF (See Veterans; Voting) HB 401 --Voting by mail; privileges---__._...._.._....___667, 734, 1147
MILK HB 504
--Schools and institutions not included under any law regulating dispensing of-------------898, 952, 1146, 1785
MILLEDGEVILLE STATE HOSPITAL
SB 137 SB 139
--Guardians committing aliens ........--------1335, 1342, 1453, 1557, 1944, 1952, 1964
--Receive aliens committed by Ordinary ......------..----.._. 1336, 1342, 1454, 1557, 1959
MILLER COUNTY HB 74 --Salary of City Court Judge.--------..236, 273, 311, 337, 553
MILLER, DR. JOE, Cleveland, Ga. --Prayer by.--.---__...__.__..__.__----_.._.__..----666
MILLER, REV. ELLIS, Cairo (Grady Co.), Ga. --Prayer by --.__________--.________--------343, 365
2368
INDEX
MINERALS
HR 93-181 --Proceeds from State lands to be appropriated for education; amendment to the Constitution------.. 368, 394
MINIMUM FOUNDATION PROGRAM OF EDUCATION (See Education, Schools)
HB 76 HB 602
HB 486
--Calculation of financial ability... . _ 236, 273, 377, 401, 682 --County school boards authority,
consolidation of schools......... .1136, 1241, 1243, 1380, 1901 --Supplemental salaries to school
lunch supervisors---------------------------.867, 900, 1330
MINORS HB 310 HB 462 HB 251
HB 605
HB 492
SB 99 HB 645
HB 60 HB 452
HB 458
--Abandonment; penalty..__.------._------_----___----_.__.. 469, 515 --Abandonment; provide for venue ..--------.------__---- 821, 870 --Adoption; consent of non-supporting
father not required ----------------------418, 474, 634, 642 --Adoption laws; instruments of a
testamentary gift ----------_----------------.....__ 1230, 1325 --Adoption laws; remove certain grounds
for annulment.-__.--._--__. 895, 950, 969, 1149, 1524, 1972 --Criminal responsibility..--...--_...------.--1709, 1722, 1825 --Delinquent children; person contributing to delinquency
shall be guilty of a misdemeanor...........,,.,,...._._..._. 1323, 1450 --Gifts from insane persons...----.._.----.__.--_.._----.195, 243, 549 --Juvenile Court Act; age limit for
making public name or picture of child under jurisdiction.------------... 786, 828, 953, 1652 --Tax exemptions for dependent children who are students during taxable year----__.------__--.._.._. 821, 870
MISDEMEANOR (See Crimes, Courts) HB 39 --May be tried in Superior Court.......------185, 200, 873, 1180
MOISTURE TESTING EQUIPMENT
HB 365
--Grain; standards for weights and measures--....... 621, 670, 791, 925, 1183, 1898, 1935
MONTEZUMA, CITY OF HB 23 --Create new charter ....---------163, 190, 312, 333, 559, 617
INDEX
2369
MOON, HONORABLE HERBERT WATSON HR 231 --Sympathy for passing of .--________..----_.----------.._ 1349
MOORE, LEWIS HR 125-317 --Compensate .......--.--. ..------._,_ 471, 516, 1553, 1733, 2053
MORGAN COUNTY
HB 98 HB 571
--Compensation of coroner .......----_._ 241, 277, 312, 342, 552 --Create Morgan County
Development Authority ........ 1129, 1236, 1331, 1359, 1704
MORRIS, HERMAN
HR 25 --Express sympathy for passing of ....... .------ .--------.. 85 (Ex. Sess.)
MORROW, CITY OF
HB 379
--Relating to Mayor and City Council.-------.-----.-.-623, 671, 738, 751, 910
MORTGAGES
HB 208 --Additional method of cancellation ....... 386, 426, 549, 699, 913 HB 227 --Effect of open end mortgages limited ......._.......--.--_. 389, 429
MOSLEY, DONALD HR 92-181 --Compensate ......----._...------_.--....--....------------... 368, 394
MOTORBOATS
HB 511
--Georgia Motorboat Numbering Act; registration of boats used on boundaries of State ....._.------ 946, 1025, 1333, 1526, 2051
MOTOR FUEL TAX LAW
HB 320 HB 541
--Gasoline used on navigable waters ___.______--------.... 507, 544, 634, 722, 1155, 1434, 1830
--Provide refund on gasoline when used for cutting timber.....-_--------------.--..------1020, 1139
2370
INDEX
MOTORISTS, UNINSURED (COMMITTEE TO STUDY) --Interim Committee report------------_---- ---------------- 2177
MOTOR VEHICLES
SB 39 HB 10 SB 23
HB 37
HB 600 HB 272 HB 491 HB 271
HB 577 HB 395
HB 320 HB 691 HB 409 HB 304 HB 411 HB 394 HB 63 HB 688 HB 45 HB 122 HB 300 SB 93 HB 123 SB 90 HB 301
--Automobiles; equipped with
safety belts--------------739, 742, 790, 1030, 1382, 1559
--Change speed limit __.------ 160, 189, 245, 261, 431, 436, 437
--Common carrier; term not including
certain vehicles----------------1033, 1035, 1143, 1332, 1796
--Contract carriers, excluded certain
laws on construction of
Federal facilities--------------184, 199, 245, 294, 297, 636
--Drivers' License Compact, State of
Georgia shall be a party to.--....__.___---------------- 1135, 1241
--Driver's license; change fees __.__...__._..___. 423, 478, 1332, 1907
--Driver's license; periodic examination
prior to renewal .....------ --______________.__----_----_.----_ 895, 950
--Driver's licenses; persons under
18 years of age..__---------- ------ 423, 477, 1332, 1907
--Driver's licenses; provide for placing of picture
of applicants on license------.___.,,.,,___-1131, 1237, 1697
--Financial Responsibility Act;
future proof of financial
responsibility- 626, 674, 676, 1126, 1155, 1174, 1832, 1914
--Gasoline used on navigable
waters ---- -----------507, 544, 634, 722, 1155, 1434, 1830
--Identification number on motor---------- ---- 1824, 1896
--License fees for
part of a year------------------------669, 735, 832, 1729, 2050
--License plates; issuance
to disabled veterans ----------------------------.468, 514, 903
--Licenses; proof of payment of taxes------669, 735, 832, 933
--Liability insurance;
defines policy ------------------ 626, 673, 676, 860, 1558
--License plates; reduce passenger car fee.------------.196, 243
--License plates; special licenses for
members of Civil Defense.. _--------------
1548, 1694
--Licenses; transporting of logs.--------.------186, 200, 245, 263
--Motor carriers; define "for hire"----------_______ 301, 353, 792
--Motor carriers; non-resident shall maintain
agent for lawful processes--___........_--------------468, 513
--Motor carriers; non-resident
to maintain agent ------------ 1033, 1035, 1143, 1332, 1794
--Motor carriers; operation within municipalities -- 302, 353
--Motor carriers; Public Service Commission to fix
fares and charges ----------------1033, 1035, 1143, 1332, 1787
--Motor carriers; Public Service Commission
to fix rates, etc. for passengers------------ --------468, 513
INDEX
2371
HB 298 --Motor carriers; Public Service Commission to grant temporary authority----_--------------_----467, 513
HB 120 --Motor carriers; redefine authority of Public Service Commission------...._.__--------..301, 352
HB 296 --Motor common carriers; non-resident shall maintain agent for lawful processes--__--------------------.--467, 512
SB 91 --Motor common carriers; non-resident to maintain agent---------------1033, 1035, 1143, 1332, 1793
HB 297 --Motor common carriers; Public Service Commission to grant temporary authority--.--__------__------467, 513
HB 121 --Motor common carriers; redefine "for hire"--301, 353, 792 HB 299 --Motor common carriers; renewal certificates
of Public Convenience and Necessity---------_----467, 513 HB 77 --Motor Vehicle Certificate of Title Act;
registration in another state..._----. 237, 273, 481, 531, 741 HB 392 --Prohibit trucks from hauling gravel or stone
without protective coverings _________----.625, 673, 1332 HB 354 --Punishment for larceny----.----..---- 543, 629, 676, 771, 1338 SB 146 --Registration of manufacturers
and dealers-.----------------1559, 1574, 1694, 1697, 1996 HB 173 --Regulate purchase of used motor vehicles
and parts therefrom------.366, 392, 481, 529, 1034, 1045 HR 17-16 --Tangible property for ad valorem tax purposes;
amendment to the Constitution.----161, 189, 202, 284, 398 HB 415 --Traffic violations; no fees in excess of $1.00--------729, 786 HB 126 --Uniform Act regulating Traffic on Highways; define
"Limited-Access State Highway"- 302, 353, 378, 704, 911 SB 14 --Uniform Act Regulating Traffic on Highways;
inspection of __------_--------_------557, 559, 631, 1028, 1946 HR 224 --Uniform Vehicle Code; study by
Legislative Counsel. ------------------..----__1255, 1679, 2015 HB 599 --Vehicle Equipment Safe.ty Compact; State
of Georgia shall be a party to.------------------1135, 1241
MOULTRIE, CITY OF HB 19 --Millage rate, school purposes.-------.162, 190, 202, 205, 555
MULLIS, HONORABLE JAMES HR 225 --Wishing speedy recovery .------------------_----_----.----.1344
MUNICIPAL CORPORATIONS (See Named Cities)
HB 620 HB 614
--Albany, City of; abolish wards _----------------------.. 1233, 1328, 1455, 1482, 2044
--Albany, City of; Albany High School Stadium Authority; create ----------- 1232, 1327, 1455, 1480, 2043
2372 HB 617
HB 621 HB 615
HB 616
HB 619 HB 618 HB 631 SB 16 HB 253 HB 36 HB 356 HB 624 HB 347 HB 137 SB 103 HB 34 SB 134 HB 29 HB 30 HB 236 HB 136 HB 28 HB 237
INDEX
--Albany, City of; City of Albany and Dougherty County; appropriate money from general funds to Board of Education of Dougherty County ...----____._ 1232, 1327, 1455, 1481, 2043
--Albany, City of; corporate limits ._--------------1233, 1328, 1455, 1482, 2044
--City of Albany and Dougherty County; jointly acquire lands and buildings^.............-.------.1232, 1327, 1455, 1480, 2043
--Albany, City of; City of Albany and Dougherty County; merger of independent school systems 1232, 1327, 1455, 1480, 2043
--Albany, City of; official bonds of Marshal or Chief and other personnel ..------------. 1233, 1327, 1455, 1481, 2044
--Albany, City of; relating to property adjacent to fire zones ..------------____._ 1233, 1327, 1455, 1481, 2043
--Alma, City of; extend corporate limits ............ 1235, 1235, 1329, 1555, 1568, 2045
--Athens, City of; eligibility to vote for mayor and alderman--------__------. 557, 560, 631, 738, 745
--Athens, City of; quorum for transaction of business before City Council ...._.._............__._..... 418, 474, 549, 565, 835
--Atlanta, City of; business license--------------..___ 184, 199, 311, 335, 344, 555
--Atlanta, City of; change corporate limits.------_..___.__ 543, 630, 791, 847, 1338
--Atlanta, City of; Civil Court, create office of Judge Emeritus --------..--1234, 1328, 1455, 1482, 2044
--Atlanta, City of; Criminal Court; provide for Clerk...............____........_ 542, 628, 953, 960, 1338
--Atlanta, City of; enlarge corporate limits .......,,......----_.---- 304, 355, 480, 485, 678
--Atlanta, City of; Fulton County Civil Court------_-------_--------.-915, 949, 1027
--Atlanta, City of; employees' insurance ------_...----------...----184, 199, 311, 335, 555
--Atlanta, City of; method of filling vacancies, Board of Aldermen.............--....----.1336, 1341, 1453, 1490
--Atlanta, City of; pensions for fire department --------__.___ 183, 198, 312, 359, 833
--Atlanta, City of; pensions for police department----....__----183, 199, 312, 359, 833
--Atlanta, City of; pensions to officers and employees refunds in cases of death ___............. 391, 430, 677, 689, 907
--Atlanta, City of; relating to pensions of Police Department.....------..--_304, 355, 677, 695, 906
--Atlanta, City of; Refund of pension contributions ----__..----183, 198, 312, 358, 833
--Atlanta, City of; relating to annual reports--...------._._.._-392, 430, 677, 690, 907
INDEX
2373
HB 32 --Atlanta, City of; relating to
pensions for fire department __________ 183, 199, 312, 360, 833
HB 33 --Atlanta, City of; relating to
pensions for police department _______184, 199, 312, 360, 833
HB 31 --Atlanta, City of;
relating to Treasurer ______.__...__183, 199, 312, 314, 359, 833
HB 25 --Atlanta, City of; sale
of personal property ___._.._ ________ _.._.__182, 198, 311, 334, 554
HB 27 --Atlanta, City of; Sewers
through public property ______ .183, 198, 311, 335, 344, 554
HB 198 --Atlanta, City of; to
change corporate limits ______________ ____371, 396, 677, 689, 906
HB 196 --Atlanta, City of; to
enlarge corporate limits____.__._..__.._,, 371, 396, 677, 689, 906
HB 26 --Atlanta, City of;
Water mains in East Point __ __183, 198, 311, 334, 344, 554
HR 32-68 --Atlanta, City of; Western & Atlantic Railroad;
conveyance of State Property ....._._...___________.,,..197, 244, 278
HB 649 --Augusta, City of; Board of Civil Service Commission
for the City Council; create 1323, 1451, 1555, 1570, 2046
HB 585 --Augusta, City of; establish
Municipal Court _________ 1133, 1239, 1331, 1361, 1707, 1838
HB 474 --Austell, City of;
corporate limits
_...____,, 824, 872, 904, 919, 1341
HB 242 --Avera, Town of; provide for mayor and councilmen
in lieu of board of aldermen _______ 416, 473, 549, 563, 1337
HB 234 --Bainbridge, City of; employees retirement
system, age limit _.._.._________... ............_ 391, 430, 481, 494, 682
HB 230 --Boston, City of; change in the
election of Marshal ___________ 390, 429, 481, 493, 682
HB 229 --Boston, City of; election
of Clerk and Treasurer __ . ______ 390, 429, 481, 493, 679
HB 416 --Bowdon, City of; relating to mayor
and city council _
,,
_730, 787, 831, 849, 1340
HB 558 --Brunswick, City of; Brunswick and Glynn
County Development Authority; appointment
and terms of members .... 1023, 1142, 1148, 1264, 1703
HB 566 --Brunswick, City of; Commissioner at Large shall
be designated as Mayor _____ 1129, 1235, 1331, 1358, 1704
HB 276 --Brunswick, City of; compensation of the
Solicitor of the City Court _________ 424, 478, 738, 755, 907
HB 94 --Brunswick, City of; not affected by certain
provisions of ad valorem taxation 240, 276, 312, 341, 553
HB 118 --Calhoun, City of; New charter __._.,, 301, 352, 397, 495, 678
HB 204 --Camilla, City of; number of positions
on the Board of Aldermen _ . 386, 426, 480, 489, 681
HB 22 --Canton, City of; increase
corporate limits _____
... .... 162, 190, 202, 206, 554
HB 21 --Canton, City of; increase
corporate limits .....__ ... _ .._ ___ 162, 190, 202, 205, 554
2374 HB 403 HB 551 SB 59 HB 368 HB 278 HB 538 SB 144 HB 195 HB 197 HB 261 HB 249 HB 534
HB 381 HB 257 HB 382 HB 255 HB 258 HB 654 HB 430 HB 101 HB 185 SB 38 SB 30 HB 337 HB 110
INDEX
--Carrollton, City of; rate of taxation for school purposes...,,.._____.....___..... 667, 734, 904, 920, 1339
--Carrollton Payroll Development Authority; create ,,_____.___,,,,___ 1022, 1141, 1148, 1263, 1703
--Cedartown Development Authority; create .-----------_________.915, 949, 1027, 1148, 1266
--Centerville, City of; salary of Mayor and Councilmen.._____,,._ 621, 670, 738, 748, 909
--Chamblee, City of; rate of sanitary taxes authorized to be levied __-_____,,____________. 424, 478, 550, 568, 836
--Clermont, Town of; provide for establishment of a Book of Registered Voters 1019, 1139, 1147, 1260, 1702
--Cochran, City of; zoning commission; create._-_-___----1460, 1463, 1553, 1897, 1906
--College Park, City of; relating to Recorder's Court.__----_------.371, 396, 738, 746, 906
--College Park, City of; relating to the Budget_ ... 371, 396, 738, 746, 906
--College Park, City of; relating to the salary of the Mayor ___------,,_. 420, 475, 738, 747, 907
--Colquitt, City of; eligibility of candidate for Mayor.--,,,,.----------418, 473, 549, 564, 834
--Columbus, City of and Muscogee County; appropriate funds for Health Fund of the County Board of Health------1018, 1138, 1147, 1259, 1701
--Columbus, City of; City Commission, amend------.-- 623, 672, 738, 751, 910
--Columbus, City of; establish pension for disabled employees .--------,,. 419, 475, 1030, 1057, 1458
--Columbus, City of; Medical Center Board Commissioners, create __.--_--------._ 624, 672, 738, 752, 910
--Columbus, City of; provide pension system for retired officers and employees... 419, 475, 1030, 1057, 1458
--Columbus, City of; title to certain tract of land----------.... 419, 475, 550, 566, 1150
--Commerce, City of; remove provision relating to taxation of corporations--_....1324, 1452, 1696, 1717, 2046
--Cusseta, Town of; change terms of Mayor and Councilmen ----____--782, 825, 874, 881, 1340
--Cuthbert, City of; amend charter--.269, 307, 397, 483, 906
--Dalton, City of; change corporate limits._____,,__------_------_ 369, 394, 480, 488, 834
--Decatur, City of; extend city limits.__.558, 561, 632, 739, 746
--Donalsonville, City of; Mayor, Alderman, compensation.----_------.558, 560, 632, 739, 745
--Douglasville, City of; date of election for Mayor and members of Council--.540, 627, 677, 690, 908
--Dublin, City of; create Dublin-Laurens County Development Authority_____ 271, 309, 677, 688, 906
INDEX
2375
HB 579 --Dudley, Town of; extend city limits.-.._____--____----_._._-1131, 1237, 1331, 1360, 1704
SB 77 --East Point, city of; division of officers and employees.__.....__._..--_-_--....-..683, 685, 737, 954, 963
SB 78 --East Point, City of; drainage of surface water___.....,,___-.....,,_............. 684, 685, 737, 954, 964
SB 51 --East Point, City of; extend city limits..,,_.._.._,, _ _ 838, 867, 900, 954, 964
SB 79 --East Point, City of; qualified voters._......____......._...._.__........ 684, 686, 737, 954, 965
HB 138 --Enigma, Town of; new charter____.-.._..______.._.....-___... 305, 356, 397, 484, 841, 844
SB 49 --Fairburn, City of; provide for election of councilmen...______......_...__838, 867, 900, 954, 964
HB 71 --Fitzgerald, City of; change corporate limits___..____--.........236, 272, 311, 337, 556
HB 72 --Fitzgerald, City of; create Fitzgerald and Ben Hill County Development Authority..,___236, 272, 311, 337, 556
HB 116 --Flowery Branch, City of; name changed from "Town of Flowery Branch"._-_.......300, 352, 397, 495, 678
HB 377 --Forest Park, City of; group insurance premiums for city employees ____....-...._......._..__.623, 671, 738, 750, 910
HB 376 --Forest Park, City of; extend corporate limits .___..........._______623, 671, 738, 750, 910
HB 569 --Fort Oglethorpe, Town of; provide for division into wards .._._---...__._1129, 1236, 1454, 1484, 2041
HB 570 --Fort Oglethorpe, Town of; relating to Mayor and Alderman._.___....1129, 1236, 1454, 1477, 2041
HR 134-346 --Fulton County-City of Atlanta Study Commission; extend time for making report.. 542, 628, 953, 960, 1335
HB 482 --Hagan, City of; change requirements and qualifications of voters.___.__.....--_____866, 899, 953, 963, 1334
HB 560 --Hawkinsville, City of; relating to Board of Commissioner______.___________.____1023, 1142, 1148, 1264, 1704
HB 503 --Hazlehurst, City of; re-define corporate limits _......_____....._._______.._ 898, 952, 953, 1059, 1459
HB 655 --Hoschton, City of; remove certain property from corporate limits ____..________1324, 1452, 1696, 1710, 2046
SB 112 --Jasper, City of; change corporate limits ..___.__.....______........ 915, 949, 1027, 1331, 1364
HB 508 --Jeffersonville, City of; change corporate limits _________________ .946, 1024, 1147, 1155, 1558
HB 90 --Jesup, City of; Create Jesup-Wayne County Airport Authority_^..__________ 239, 275, 311, 340, 552
HB 166 --Kingsland, City of; increase in ad valorem property taxes._-...-___._.......-_.....-...-___.351, 376, 432, 497, 680
HB 606 --LaFayette, City of; power of eminent domain ____......__-.~__.____1230, 1326, 1454, 1478, 2042
HB 374 --Lake City, City of; corporate limits ._____.,,__-._ 622, 671, 738, 749, 910
2376 HB 216 HB 211 HB 241 HB 378 HB 213 HB 405 HB 240 HB 239 HB 675 HB 668 HB 339 SB 158 HB 559 HB 390 HB 389 HB 99 HB 440
: HB 554 HB 496
HB 639 HB 635 HB 231 HB 524 HB 23 HB 379
INDEX
--Leesburg, City of; change corporate limits....... ___________ 388, 427, 480, 491, 679
--Lenox, Town of; empower town counsel power to lease specific property.----------.387, 427, 480, 490, 681
--Louisville, City of; expand and define corporate limits.------------416, 472, 954, 963, 1337
--Lovejoy, City of; name changed from Town of Lovejoy---.------._....------ 623, 671, 738, 751, 910
--Ludowici, City of; relating to City Court.-....-----..-. 387, 427, 480, 490, 1457, 1477
--Lumpkin, City of; new charter----.-----.-_-_------668, 734, 791, 847, 1339
--Lyons, City of; change corporate limits --_--------_--___----_. 416, 472, 549, 562, 834
--Lyons, City of; election of councilmen and mayor by majority vote ------_____----416, 472, 549, 562, 834
--Macon, City of; abandon portion of Old City Cemetery----------..... 1447, 1550, 1696, 1715, 2048
--Macon, City of; Civil Court, establish............___. 1445, 1549, 1696, 1713, 2047
--Macon, City of; describe new territory.-..----..........,,...-- 540, 627, 677, 691, 908
--Macon, City of; fire department, police, sick leave .-..______..1708, 1721, 1825, 1897, 1905
--Macon, City of; limitation of ad valorem tax levy for general municipal purposes ._.____--____.. 1023, 1142
--Macon, City of; powers of the Recorder's Court----------......----.625, 673, 738, 747, 911
--Macon, City of; Recorder's Court.--625, 673, 738, 753, 911 --Madison, City of; compensation of
mayor and aldermen ------------_.____ 241, 277, 312, 342, 552 --Manchester, City; amend charter
relating to Commissioners .............784, 826, 874, 882, 1340 --Marietta, City of; change
corporate limits _..------.----.. 1022, 1141, 1148, 1264, 1703 --Marietta, City of; Cobb County- Marietta
Water Authority; authorize certain authority relating to water supply ...-_..__...---- .-- 896, 951 --McDonough, City of; provide for registration of voters.----.....1322, 1450, 1556, 1566, 2045
--McDonough, Town of; corporate limits ......... ..------..1321, 1449, 1556, 1565, 2045
--McRae, City of; amend charter..--- 391, 429, 481, 494, 682
--Menlo, City of; name changed from Town of Menlo.-.........-------.1016, 1137, 1147, 1258, 1701
--Montezuma, City of; create new charter----------..... 163, 190, 312, 333, 559, 617
--Morrow, City of; relating to Mayor and City Council----------... 623, 671, 738, 751, 910
INDEX
2377
HB 19 --Moultrie, City of; millage rate, school purposes --------------162, 190, 202, 205, 555
HB 264 --Newnan, City of; relating to compensation of Mayor and Board of Aldermen......_ 420, 476, 550, 567, 835
HB 203 --Nicholls, City of; provide two year term for Mayor and Aldermen.-..........--385, 426, 480, 489, 681
HB 113 --North Atlanta, City of; Charter, referendum.------ 272, 310 HB 550 --North Atlanta, City of;
provide charter ---------------- 1021, 1141, 1148, 1263, 1703 HB 439 --Oconee, City of; name changed from
Town of Oconee----------------784, 826, 874, 878, 1340 HB 273 --Oglethorpe, City of; compensation of the
Judge of the City Court._...-------- 423, 478, 550, 567, 836 HB 604 --Omaha, Town of;
consolidate laws --... .------..1230, 1325, 1454, 1478, 2042 HB 169 --Pinehurst, Town of;
new charter-------...--------.351, 377, 432, 498, 841, 842 HB 633 --Pooler, Town of; qualifications and appointments of
judge of the mayor's court .--1321, 1449, 1555, 1568, 2045 HB 447 --Reidsville, City of; City Court,
disposition of fines --_.....---------- 785, 827, 874, 883, 1340 HB 553 --Riverdale, City of; provide
and define wards ......----...... 1022, 1141, 1148, 1266, 1703 HB 480 --Riverside, Town of; power of
Mayor and Alderman _...---------- 866, 899, 953, 962, 1334 SB 140 --Rochell, City of; salary of
mayor and aldermen...--......--.1459, 1643, 1552, 1827, 1834 HR 42-107 --Rockmart, City of; Rockmart Development
Authority; create; amendment to the Constitution-------------.--_. 270, 308, 377, 572, 911 HB 664 --Rossville, City of; tax on property----....--------.1445, 1549, 1696, 1712, 2047 HB 665 --Rossville, City of; tax on property --------------1445, 1549, 1696, 1713, 2047 SB 122 --Roswell, City of; change corporate limits --------------1708, 1721, 1824, 1897, 1905 HB 519 --Sale City, City of; change date for holding of election for Mayor and Aldermen.----------.1016, 1136, 1147, 1257
HB 346
--Savannah, City of; create Savannah District Authority.----...._...._._----_._ 541, 628
HR 135-346 --Savannah, City of; create Savannah District Authority; amendment to the Constitution ---- .. .._. ------ ...542, 628
HB 143
--Savannah, City of; extend corporate limits--------.--345, 372, 432, 496, 1457, 1844
HB 171
--Savannah, City of; Judge of City Court, relating to motions for new trial....------.... 366, 392, 480, 486, 1337
HB 245
--Savannah, City of; mayor shall be only ex-officio member of Armstrong Junior College Commission.----------------.----417, 473
2378 HB 170 HB 399
SB 17 HB 529 HB 167
HB 168 HB 494 SB 120 HB 393 HB 536 HB 676 HB 295 HB 293 HB 274 HB 275 HB 111 HB 412
HB 414 HB 413 HB 182 HB 678 HB 677 HB 357
INDEX
--Savannah, City of; Municipal court, increase civil jurisdiction.__....____.... 366, 392, 480, 486, 1700
--Savannah, City of; Savannah District Authority; filling of vacancies due to expiration of terms _____________________________.__...667, 733
--Savannah, Municipal Court, Judge compensation .____-_--___,,______--_______,,____._--...558, 560, 631
--Smyrna, City of; change certain punishments in charter _____..-__-____-_._-1017, 1137, 1147, 1258, 1832, 1843
--St. Mary's, City of; empower to borrow from 1st Federal Savings & Loan Association of Brunswick.___-___-_____-_--.____-____--...351, 377, 432, 497, 680
--St. Mary's, City of; provide mayor and council authority to adopt ordinances._--__ 351, 377, 432, 498, 680
--Statesboro, City of; power of Mayor and City Council relating to landowners_.._896, 950, 953, 1059, 1459
--Swainsboro, City of; increase corporate limits _______.._--._____1336, 1341, 1453, 1556, 1573
--Sylvania, City of; grant new charter _,,.__-_...___.________625, 673, 738, 747, 884, 890, 892
--Sylvania, City of; selection and appointment of city council ._----__._--______ 1019, 1139, 1147, 1260, 1701
--Sylvester, City of; compensation of Mayor and Councilmen _.________1447, 1550, 1696, 1715, 2048
--Sylvester, City of; enlarge city limits _____..___.,,.-._..____--_-___-___. -466, 512, 550, 571, 837
--Sylvester, City of; extend city limits ..._____.___..._._____..._..____466, 512, 550, 570, 837
--Thomaston, City of; election of council ______.___.--_____.,,..______ 423, 478, 550, 568, 836
--Thomaston, City of; to extend to corporate limits _.___.._..._____._.__.____ 423, 478, 550, 568, 836
--Thomasville, City of; election of Board of Commissioners __.____--..._____272, 309, 377, 495, 677
--Tifton, City of: Commissioner, power to replace water pipes and sewer lines in the streets ._.____--_____________._____,,----___. 669, 735, 792, 848
--Tifton, City of; minimum age of voting..____.____.._.__._--____________ 669, 736, 792, 849, 1340
--Tifton, City of; salary of Commissioners _______________________._____.__._.__669, 735, 792, 849
--Union Point, City of; to provide for the election of Mayor________________ 368, 394, 480, 487, 681
--Valdosta, City of; Board of Education, designation of posts________________ 1447, 1551, 1696, 1716, 2048
--Valdosta, City of; elections _______1447, 1551, 1696, 1715, 2048
--Vienna, City of; assessment of ad valorem tax on all classes of property.----..__..____.__.__ 543, 630, 677, 693, 909
HB 183 HB 67 HB 436 HB 353 HB 20 HB 134 SB 159
INDEX
2379
--Warm Springs, City of; to change the amount of ad valorem tax--------------------.368, 394, 480, 488, 681
--Waycross, City of; change corporate limits------------------.. 196, 244, 311, 337, 555
--Waynesboro, City of; City Court, salary of Stenographer--------------------783, 826, 874, 882, 1340
--West Point, City of; provide for a Board of City Registrars-.------------------543, 629, 677, 693, 909
--Woodstock, City of; sales of water outside city..-. -----------------.162, 190, 202, 205, 554
--Woodbury, City of; relating to ad valorem tax upon all property....-------- .. 304, 355, 398, 496, 678
--Young Harris, City of; council members.------------1708, 1721, 1825, 1897, 1905
MUNICIPAL CORPORATIONS
HB 200
--Garnishments; exempt from wages due deceased employees _------..____--_________--385, 425, 954
MUNICIPAL CORPORATIONS (BY POPULATION)
HB 85 HB 86
--Boundaries; method for extending, population of 5,000 or more.------.-------------- 239, 275
--Boundaries; methods for extending, population less than 5,000---...-------------------- 239, 275
MUNICIPALITIES
HB 670
HB 85
HB 86
HB 497
HB 610 HB 420
HB 3 (Ex. Sess.) HB 177
SB 155
SB 5
--Alcoholic beverages; authorized to enact certain ordinances --....--_________.1446, 1550, 1555
--Boundaries; method for extending, population of 5,000 or more.----....----....----........ 239, 275
--Boundaries; methods for extending, population of less than 5,000----------------------.239, 275
--Compensation of law enforcement officers _..----896, 951, 1246, 1354, 1404, 1828
--Create Library Authority--------------------..------1231, 1326 --Enforcement of traffic laws; abusement
and irregualrities ----------------730, 787, 905, 1210, 1828 --Funds to construct and maintain streets.__ 26, 34, 39, 76, 77
--Grants; provide purposes for which grants made --------.367, 393, 739, 1117, 1707, 1847
--Incorporation of; records kept by Secretary of State.----------------------1709, 1722, 1825
--Merge Services; state assistance --.277, 305, 356, 378, 403, 517, 535, 840, 1605
2380 HB 630 HB 54 HB 88
INDEX
--Method of detaching territory from corporate limits.............___._.... 1235, 1329, 1331, 1366
--Residency requirements; eligibility to hold office .._-_....-..--_-__-___...,..-_ ..194, 242, 310, 363, 636
--Standards for incorporating ______........239, 275, 432, 523, 1706
MUNICIPAL OFFICIALS HR 51 --Tribute to ._..___.____.________...____.________-.__._....__._._._..................... ..246
MUNICIPAL STUDY COMMITTEE --Interim Committee report--_....___........... ______________.. ........... 2214
MUSCOGEE COUNTY
HB 661 HB 383
--Fees paid to Coroners ...... ......__..................... 1444,1548 --Housing Authorities Law; amend
relating to appointment............... 624, 672, 738, 752, 911
MT. ZION, TURKEY CREEK AND FLINT CORNER HB 552 --Create Development Authority 1022, 1141, 1148, 1263, 1703
Me
McBRIDE, JAMES HR 43-107 --Compensate _.................................-_._...............___.-..-....._.... 270, 308
McDONOUGH, CITY OF
HB 635 HB 639
--Corporate limits._........_..__.___.... 1321, 1449, 1556, 1565, 2045 --Provide for registration
of voters .......___.___._._....... ....... 1322, 1450, 1556, 1566, 2045
McDUFFIE COUNTY
SB 52
--Placing certain officers on salary in lieu of fee system ..........._._....__.--..__.838, 868, 900, 954, 966
McINTOSH COUNTY HB 539 --Compensation of Ordinary....___...1019, 1139, 1147, 1260, 1702
McRAE, CITY OF HB 231 --Amend charter-_-_......--.-....._ ..... .391,429,481,494,682
INDEX
2381
N
NATURAL AREAS STUDY COMMITTEE --Interim Committee report----------------.------ ____.---- 2217
NATIONAL COUNCIL OF TEACHERS OP ENGLISH ACHIEVEMENT AWARDS
SR 79 --Commend -------------------------------------------- 1459, 1470
NEWNAN, CITY OP
HB 264
--Relating to compensation of Mayor and Board of Aldermen .._...---------- _.... 420, 476, 550, 567, 835
NEWSPAPERS
HB 507 HB 380
--Alcoholic Beverages; no newspaper publishing company allowed to advertise.--------.----------946, 1024
--Libel; candidates seeking public office... ------ ..----. 623, 672
NEWTON COUNTY
HB 682 HB 284 HB 285
--Board of Commissioners of Roads and Revenues, create --------------1448, 1551, 1696, 1717, 2049
--Compensation of Sheriff of the Superior Court __....._..------._._ 464, 510, 550, 569, 914, 968
--Create office of Tax Commissioner____465, 511, 550, 569, 837
NEWTON, REV. CLARENCE S., Warner Robins, Ga. --Prayer by .____. -------- ...----_----_._------_--...._.,_.. 538
NICHOLLS, CITY OP
HB 203
--Provide two year term for Mayor and Aldermen--.----------__ 385, 426, 480, 489, 681
NICHOLSON, W. H. HR 18-16 --Compensate _.._.____--........_.....------._.162, 190, 479, 535, 741
NIMMER CHEVROLET COMPANY HR 256-689 --Compensate ........_--_____----..._------..._--1823, 1896
2382
INDEX
NINTH CONGRESSIONAL DISTRICT REPRESENTATIVES HR 288 --Appreciation to.-___-----_--.,,.-,,-----,,...-.. 2032
NON-PROFIT MEDICAL CORPORATION
HR 241 HB 516
--Create committee to study._..------___----_....,,....__-._.._......1466 --Doctors of Podiatry shall have same rights as
doctors of medicine and surgery....... 947, 1026, 1244, 1657
NORQUIST, ROBERT L. HR 186-535 --Compensate __.._....._.__._.................. 1019, 1139, 1242, 1402, 1898
NORTH ATLANTA, CITY OF
HB 113 HB 550
--Charter, referendum......---.-_..___..--.__..._....... 272, 310 --Provide charter..-___..__.-_.______-_1021, 1141, 1148, 1263, 1703
NORTH, MRS. ELIZABETH M. HR 110-267 --Compensate ...__.._. ......--_. ..._-....421, 476, 1242, 1395, 1900
NORTH GEORGIA MOUNTAINS AUTHORITY SB 12 --Create ..........300, 306, 357, 378, 437, 557, 640, 1710, 1919
NORTHERN JUDICIAL CIRCUIT
HB 160
--Salary for the official court reporter----_... _.................... 350, 375, 480, 486, 1248
NOTARIES PUBLIC
HB 317
--Justices of the Peace and Notaries Public Ex-officio Justices of the Peace Retirement Fund of Georgia; create new law..... -.471, 516
o
OBSCENE PUBLICATIONS
HB 132
--Unlawful to sell, possess, etc......... .303, 354, 397, 456, 1033, 1051, 1248, 1252, 1298, 1599, 1623, 1709
INDEX
2383
OCONEE, CITY OF
HB 439
--Name changed from Town of Oconee--------------------784, 826, 874, 878, 1340
OCONEE COUNTY
HE 146-408 --Establish fire protection system; amendment to the Constitution..-..---------.668, 735, 792, 1069, 2053
OFFICE BUILDING AUTHORITY, STATE HB 8 --Revenue bonds.------.----.------.--159, 188, 191, 228, 431
OGLETHORPE, CITY OF
HB 273
--Compensation of the Judge of the City Court .------------------ 423, 478, 550, 567, 836
OGLETHORPE, GENERAL
HR 265
--Monument; create interim committee to study....------------.-- .......1818, 1827, 2018
OIL
HB 623 --Georgia Securities Act; exploratory enterprise, regulation of sales of certificates of interest----------.--1233, 1328
HB 93-181 --Proceeds from State lands to be appropriated for education; amendment to the Constitution.------..368, 394
OIL, MINERAL AND GAS LEASES --Interim Committee report--.---------------- ---- ----....--.... 2224
OKEFENOKEE SWAMP HR 170 --Urge construction of bridge----------------------... 850, 1034
OLD AGE ASSISTANCE ACT
HB 323
--Relieve certain counties, financial responsibility--------..507, 545, 1028, 1202, 1830
OLD-AGE AND SURVIVORS INSURANCE HB 35 --State Board of Education.----------.. 184, 199, 549, 641, 1337
2384
INDEX
OMAHA, TOWN OF HB 604 --Consolidate laws............._,,..___..____ 1230, 1325, 1454, 1478, 2042
OPTICIANS (See Optometry)
SB 80 HB 459 HB 387
--Clarify authority of State Board of Examiners .._.__.....740, 743, 790, 874, 1665, 1710
--Licensing of dispensing opticians upon certification of a licensed optometrist .... _.._....___.__.___________ 821, 870
--Unlawful to advertise price, terms of payment, etc. -__.__...-_..._..._..--_._.._... 624, 673, 841
OPTOMETRY (See Opticians)
SB 80 HB 459 HB 387
--Clarify authority of State Board of Examiners ....... 740, 743, 790, 874, 1665, 1710
--Licensing of dispensing opticians upon certification of a licensed optometrist ....._......_.._.... 821, 870
--Unlawful to advertise price, terms of payment, etc.._____...._........._.................. 624, 673, 841
ORDINARIES HB 65 SB 139 HB 107 HB 150
--Estate; compensation of counsel and expert witnesses ......__.......___.._____......__.............___. ..196, 244
--Milledgeville State Hospital to receive aliens committed by Ordinary........... 1336, 1342, 1454, 1557, 1959
--Provide for closing of office for two half days per week ...................... 270, 307, 549, 1121, 1899
--Retirement; authorize employment of advisory agents for investment purposes 346, 373, 397, 450, 793
OUTDOOR ADVERTISING SIGNS
HB 164 SB 123
--Highways; controls for erection and maintenance 351, 376 --Highways; controls for erection
and maintenance ......____.1149, 1152, 1242, 1555, 1869, 1871
OWEN, HONORABLE & MRS. PAUL HR 268 --Congratulations to........_--..----_..-._-.___,,____..___.___.._.__.____ 1889
PAGES HB 112
--General Assembly; excused absences from school........ 272, 309, 548, 701, 876
INDEX
2385
PARKER, THOMAS A.
HR 6 --Commend ._..___..----.--------------------.... --. ------..------_,, 14 (Ex. Sess.)
PARKS--STATE
HB 565 --Disabled veterans; provide free parking ._.__--..--1024, 1143 HB 657 --Lease to public
authorities ----------------1324, 1452, 1557, 1635, 2052 HR 77-157 --Repeal Reoslution recommending State discontinue
building cabins in State Park....._._ 347, 374, 481, 527, 794
FARMER, HERSHELL --Elected Messenger of House .._--._.-- --------------~._ 110
PATTERSON, HOMER C. HR 155-427 --Compensate ... ----....---------- 732, 789, 1694, 1731, 2054
PATTON, J. F. HR 60-137 --Compensate ._.----...------------..... _._.. .... .............. 305, 355
PAYTON, REV. KENNETH L., Lithonia, Ga. --Prayer by-.------------------------------------------ ---- --. 619
PEACE OFFICERS
HB 102
--Sheriffs; place on salary in lieu of fee basis, all counties ------------.. .--...
269,307
PEACE OFFICERS' ANNUITY AND BENEFIT FUND
SB 131 HB 146 HB 581
--Filing of notice of disability ....1460, 1463, 1552, 1556, 1937 --Provide for investments.------.._----_ 345, 372, 397, 445, 793 --Redefine "peace officer"..----. 1132, 1238, 1331, 1547, 1650
PEACE OFFICERS' MEMORIAL DAY SR 59 --Designate ------...--------_------.----....--.._----.----.. 915, 1165
2386
INDEX
PENAL INSTITUTIONS
HB 266
--Jurisdiction of United States Government .--------------------421, 476, 634, 1828
PENNINGTON, BROOKS M., JR., Representative, Morgan County
--Oath of officer administered to--------------------------11 (Ex. Sess.)
PENNINGTON, ROBERT P. HONORABLE HR 214 --Sympathy for passing of -------------------------- 1163, 1335
PENSIONS HB 151 SR 36 HB 581
--Georgia Firemen's Pension Fund; provide for investments--------------346, 373, 397, 452, 793
Public Pensions Study Commission; create __.----_----1151, 1152, 1242, 1693, 1698
--Peace Officers' Annuity and Benefit Fund; redefine "peace officer"-----1132, 1238, 1331, 1547, 1650
PENSION RECORDS
HR 55-110
--Confederate; authorize microfilming and indexing of.---------_.-----------------------. 272, 309
PETTEY, PETE AND SAM HR 126-326 --Compensate ._..------.__----__._.__--------------508, 545
PHARMACY
HR 40-77 --Pharmaceutical students; scholarships; Constitutional amendment--__..--_.----__----_.237, 274
PHILLIPS, GLENN S.
HR 24 --Birthday greetings----..___.------------------..------------_____84 (Ex. Sess.)
PIERCE COUNTY
HR 130 --Community of Laura Chapel; tribute to--------__....__.___------.__..----_--500, 635
HR 205-608 --State Librarian authorized to furnish certain law books to Ordinary--------1231, 1326, 1454, 1483, 2055
INDEX
2387
PINBALL MACHINES HB 352 --Unlawful ____.._..,,,,--____--.._.-.. 543, 629, 904, 1176, 1903, 1949
PINEHURST, TOWN OF HB 169 --New charter _____._____..,,..__ _.____._.__..351, 377, 432, 498, 841, 842
PODIATRY HB 516
--Non-Profit Medical Service Corporations; same rights as doctors of medicine and surgery____947, 1026, 1244, 1657
POLICE SB 61
--County; limit certain powers to county of appointment _..__________...______.___.__._636, 637, 675, 875
POLICEMEN, CAPITOL AREA HR 247 --Commend .___.._.________.._____._____-___.__-_____.___.____________.________1576, 1832
POLICE WEEK SR 59--Designate .,,..-_____.--. .__._.______.__--._____.______.... 915, 1165
POLITICAL SUBDIVISIONS
HB 513 HB 205
SB 5
--Authorized to purchase blanket bonds covering employees ._._-__ 947, 1025, 1029, 1305, 2051
--Issue notes of indebtedness in anticipation of collection of taxes during calendar year.._.... 386, 426, 675, 765, 767, 795, 796, 1180, 1706
--Merge services; state assistance _____ 277, 305, 356, 378, 403, 517, 535, 840, 1605
POLK COUNTY
HB 514
--Abolish office of county treasurer ._-_____-.____.__. 947, 1025, 1147, 1256, 1700
POLLUTION
--Interim Committee report; Water Pollution Study Committee ___,,___.______._-____,,._-___............ 2249
2388
INDEX
POLL WORKERS SB 40 --Wearing of badges ------..636, 637, 674, 875, 937, 955, 1873
POOLER, TOWN OF
HB 633
--Qualifications and appointments of judge of the mayor's court..--..--..1321, 1449, 1555, 1568, 2045
PORTERFIELD, REV. RALPH, Atlanta, (Fulton County) Ga. --Prayer by---.._----_-----_-------------------------- 298, 383
PORTS AUTHORITY, GEORGIA
HB 443
--Remove limitation on the issuance of bonds--__----------.784, 827, 1334, 1670, 2051
POULTRY HR 142 HR 250
--Common market; urge President to take certain measures----.----_...._......_--____._--._..._'.. 637
--Georgia growers of; commend--------------------..----. 1579
POWERS, JAMES E., Nat. Commander, American Legion
HR 65
--Invite to address Joint Session ......------------.....317, 379, 955 --Address by.....------.----_._.------.--------------.--.--_--.. 955
PRACTICE AND PROCEDURE
HB 578
HB 265 HB 306 HB 51 HB 543 HB 75
HB 515
HB 305
HB 135
--Abatement of causes of action; renewal and renunciation by plaintiff------------_----__ 1131, 1237
--Civil case trials; at return term ......------------421, 476, 873, 1214, 1902, 2010
--Clarify in regard to divorce of insane persons.------.--.468, 514, 549, 720, 1833, 1852
--Define practice of law----._------------_------.--.194, 242 --Execution of Torts.-.--...--_...----.----------.----...786, 828 --Interrogatories, depositions;
disposition of ......_.------------....--.....----.236, 273, 432, 503 --Uniform Commercial Code
Effective date; change--------...----_------..947, 1026, 1029 --Method of service of notice of interrogatories
and depositions------..------468, 514, 634, 662, 1461, 1473 --Motion for new trial, objections raised
before trial judge....--------_--304, 355, 953, 1377, 2049
INDEX
2389
FEATHER, LIONEL I.
HE 10 --Express sympathy for passing of--------------------.--16 (Ex. Sess.)
PEAYER HB 93
--Lord's Prayer; recited in all common schools --.-- 240, 276
PEAYER BREAKFAST HE 245 --Expressing appreciation for.-----------------------------1575
PRIMARIES (See Voting, Elections)
HB 449
--Election managers, clerks, etc.; unlawful to serve in any ca pacity if person has served two separate sentences for vio lation of criminal laws against the United States ---- ----785, 828, 1547, 1557, 1641, 2051
PRISONERS HB 308
--County; facilities for maintaining ..--------__------------ 469, 514
PRISONERS AND PEISONS
HB 266
--Jurisdiction of United States Government .------.._--..--------._----.. 421, 476, 634, 1828
PROBATION HB 509
--Statewide Probation Act; court's discretion, imposition of sentence.--_____----__ 946, 1025, 1029
PROBATE JUDGE HB 59-137 --Office of; create, amendment to the Constitution ---- 304, 355
PROFESSIONAL FUND RAISING
HB 650 HB 685
--Redefine certain words -.------1323, 1334, 1451, 1758, 2052 --Registration of religious organizations --. -- ------1547, 1693
2390
INDEX
PROPAGANDA HB 109 --Communist; control and regulate.---__------------------ 271, 309
PROPERTY
HR 32-68 --Atlanta, City of; Western & Atlantic Railroad; conveyance of State Property..----_197, 244, 278
SB 70 --Change percentage that a bank may invest in property _._____.684, 685, 736, 1151, 1330, 1806
HR 16-9 --Colleges, etc.; ratify suspension Sales Tax Certain purposes---------160, 188, 202, 226, 398
HR 194-580 --Decatur County; authorize Governor to convey certain property owned by State--.----_1131, 1237
HB 6 --Disposition by banks ____--.--------------_....._._..159, 188 HB 115 --Intangible Property Tax Act; change
meaning of "long-term" and "shortterm" notes, real estate----__----_----_......__..------..300, 352 HB 114 --Intangible Property Tax Act; short-term notes secured by real estate.----.------300, 352 HB 402 --Landowners responsible for keeping streams, etc. free from debris..------------------------667, 734 HB 7 --Loans to counties, property valuation and equalization programs ----------------------159, 188, 278, 281, 1150, 1596 HB 227 --Mortgages; effect of open end mortgages limited__389, 429 HB 630 --Municipalities; method of detaching territory from corporate limits.------1235, 1329, 1331, 1366 SB 63 --Penalty for wilfully burning real or personal property...--.------740, 742, 790, 904, 1865 SB 25 --Sales under execution; time, manner and place of holding ..463, 472, 517, 676, 1225, 1559 HB 313 --State; granting of loans to counties--..---------------------470, 515, 634, 1185, 1558 HR 138-379 --State Leased Properties Study Committee; create ----------------623, 672, 1031, 1295, 1831 HR 182-517 --Taxes on; voters entitled to vote on; amendment to the Constitution ----------------948, 954, 1026 HB 208 --Unclaimed; create committee to study----------1158, 1697, 2016 HB 127 --Public utilities; unlawful to injure --...------------------302, 353, 676, 1659, 1692, 1760
PSYCHIATRIC HOSPITALS SB 138 --To receive aliens.--.--------------1336, 1342, 1454, 1557, 1957
PSYCHOLOGISTS
HB 432
--State Board of Examiners; revocation of licenses------------__----..------.782, 825, 1146
INDEX
2391
PUBLIC AUTHORITIES HB 657 --State parks; leasing .___.._..------. 1324, 1452, 1557, 1635, 2052
PUBLIC HEALTH HB 162 --New code --------_.--.------------------350, 376, 903, 1365
PUBLIC HEALTH CODE STUDY COMMITTEE Interim Committee report .--_------------__----------2227
PUBLIC HEALTH, DEPARTMENT OF
HR 158-429 --Authorization to write off uncollectable accounts ------------733, 789, 905, 1113, 1831
HB 142 --Day Care Centers; standards for care of mentally retarded........---...345, 371, 548, 607, 1248
HB 429 --Release from certain contractual obligations ........733, 789, 905, 1534, 1602, 1989
PUBLIC OFFICIALS
SB 4 --Vacancies and resignations; procedure for suspension ___.._....__--........683, 684, 736, 1826
PUBLIC PENSIONS STUDY COMMISSION SR 36 --Create ----------------------------1151, 1152, 1242, 1693, 1698
PUBLIC SAFETY, DEPARTMENT OF
HB 272 HB 271
HB 10
HB 491
HB 573 SB 14
HB 125 HB 201
--Change fees for driver's licenses......--.-...423, 478, 1332, 1907 --Driver's licenses to persons
under 18 years of age........_.-........-...........423, 477, 1332, 1907 --Motor vehicles; change
speed limit .._......._.....__._... 160, 189, 245, 261, 431, 436, 437 --Periodic examination of driver's
license holders prior to renewal.-----------------------895, 950 --Speed and traffic laws; exclusive jurisdiction.---.--1130, 1236 --Uniform Act Regulating Traffic
on Highways; provide for inspection of motor vehicles--------557, 559, 631, 1028, 1946 --Uniform division, exclusive jurisdiction ---- 302, 353, 378, 518 --Use of timing devices and radar equipment----------385, 425
PUBLIC SALES SB 25 --Time and manner of holding --463, 472, 517, 676, 1225, 1559
2392
INDEX
PUBLIC SERVICE COMMISSION
HB 122 HB 121 SB 23
HB 298 HB 297
HB 301 SB 90
HB 300
SB 93
HB 296
SB 91
HB 123 HB 120 HB 299
HB 517
--Motor carriers; define "for hire"--..---.----.301, 353, 792 --Motor common carriers; redefine "for hire"--.--..301, 353, 792 --Common carrier; term not
including certain vehicles.------ 1033, 1035, 1143, 1332, 1796 --Motor carriers; grant temporary authority------------467, 513 --Motor common carriers; grant
temporary authority ..._.__._...._........__._..--_,,...._______... 467, 513 --Motor carriers; fix rates, etc. of passengers----__....468, 513 --Motor carriers; fix fares
and charges ------------.------...1033, 1035, 1143, 1332, 1787 --Motor carriers; non-resident shall
maintain agent for lawful processes.------------..468, 513 --Motor carriers; non-resident
to maintain agent....--------.... 1033, 1035, 1143, 1332, 1794 --Motor common carriers; non-resident
shall maintain agent for lawful processes.-------- 467, 512 --Motor common carriers; non
resident to maintain agent----.1033, 1035, 1143, 1332, 1793 --Motor carriers; operation within municipalities.------ 302, 353 --Motor carriers; redefine authority relating to .... ,,._... 301, 352 --Motor common carriers; renewal
certificates of Public Convenience and Necessity-.. 467, 513 --Salary of Chairman.. 948, 1026, 1032, 1291, 1501, 1503, 1703
PUBLICATIONS
HB 132
--Obscene; unlawful to sell, possess, etc. ---- 303, 354, 397, 456, 1033, 1051, 1248, 1252, 1298, 1599, 1623, 1709
PUBLIC UTILITIES
HB 157
HB 127 HR 143
--Notice of excavation of a public way..------------------------347, 374, 633, 707, 777
--Unlawful to injure property... 302, 353, 676, 1659, 1692, 1760 --Create interim committee ------------------------ -639, 1698
PUBLIC WELFARE, DEPARTMENT OF
SB 3 HB 326 HB 325 HB 324
--Aid to Dependent Children Act; redefine "Dependent Child"------------------557, 559, 630, 875
--Aid to Dependent Children Act; define "assistance"..-------.508, 545, 1028, 1208, 1830
--Aid to Blind Act; define "assistance" _-.----------------.---- .507, 545, 1027, 1206, 1830
--Aid to Disabled Act; medical care benefits, relieve certain counties ----------------------.-.507, 545, 1028, 1204, 1830
HB 323
HB 561 HB 485
INDEX
2393
--Old Age Assistance Act, Aid to the Blind Act, Aid to De pendent Children Act; relieve certain counties, financial responsibility _.__._. 507, 545, 1028, 1202, 1830
--Rename "State Department of Family and Children Services" ,,...____,,___________... __.._..___.1023, 1142, 1456, 1637, 2051
--Retention of certain benefits ..__.__ 867, 899, 1149, 1310, 1900
PULASKI COUNTY HB 448 --Create office of Tax Commissioner- 785, 828, 874, 883, 1458
PULPWOOD HB 637
--Include in the exclusion from load length requirements ..__...._..___... _.._..... 1321, 1449, 1455
QUAIL HB 321
Q
--Unlawful to trap ._ . _. ...__ - ...... ... 507, 545, 832, 890, 977
QUATTLEBAUM, HONORABLE ALBERT W. HR 259 --Sympathy for passing of ........ ....._....._.._.._-..............._......... 1814
R
RABUN COUNTY
HB 181
--To provide a clerk for the Tax Commissioner---...- ....._......_. 368, 393, 549, 562, 834
RADAR HB 201
--Use of equipment by Department of Public Safety .___ 385, 425
RAILROADS
HB 493 HB 128
--Specified number of crewmen ._.._.....__......____...._._......_... 896, 950 --Western & Atlantic Railroad Commission;
change composition ......... ._.............._ ........... 302, 354
2394
INDEX
RAILROAD CARS, HUTS, Etc.
HB 487
--Redefine punishment for robbery or forcibly opening or entering--..------867, 900, 1029, 1685
RABBITS HB 613
--Provide for trapping^__._______.__.__._.__....1232, 1327, 1333, 1777
RAMSAY, ALSTON, JR. HR 201-595 --Compensate ----.--------_.___..--------------------_1134, 1240
RANDOLPH COUNTY
HB 532
--Change millage rate limit on property subject to levy by Mayor and Councilmen____...1018, 1138, 1147, 1259, 1701
RATLIFF, C. W. (Ex. Sess.) --Representative, Ware County; Oath of office administered to.------------_--------_...--.9, 11
RAY, JACK B. HR 281 --Appreciation to .----__.-_--------------------------_--------_--.2026
REAL ESTATE
HB 689 HB 446
HB 500 HB 115
HB 114 HB 58 SB 116
--Defects in titles, clearance .------.------.--------------1693, 1824 --Georgia Forestry Commission;
improvement of real estate held under reversionary clause deed -_.----_____----.----.785, 827, 831, 1303, 1699 --Estates; investments _.....----------...897, 951, 1028, 1522, 1830 --Intangible Property Tax Act; change meaning of "long-term" and "short-term" notes .._..__------------.----_.--__._--300, 352 --Intangible Property Tax Act; short-term notes.--_.300, 352 --Titles; Superior Courts Clerk may endorse--_--------.195, 243 --Transfer between husband and wife ----...--------_----- 1033, 1036, 1144, 1245, 1998
REAL ESTATE INVESTMENT BOARD HB 147 --Create---------------.--------346, 372, 397, 441, 682
INDEX
2395
REAPPORTIONMENT
HR 164-453 --Congressional Districts; create Committee to study on population basis __._----...----.....--....786, 829, 1698
HR 14-2 --State Senate ......... .-- __..-._26, 34 (Ex. Sess.) SB 1 --Senate..----_----.._.------------37, 37, 47, 48, 66, 77 (Ex. Sess.) HB 525 --State Senatorial Districts; change
composition of two districts --------------1017, 1137, 1245
RECREATION SYSTEMS
HB 248
--Appropriation of funds submitted to voters---.--417, 473, 676, 1173, 1281, 1829
RECREATION COMMISSION, GEORGIA HB 202 --Create ------------...____.....--..._----..----385, 425, 633, 1386, 1706
REECE, LaFAYETTE B. HB 82-157 --Compensate .._....--._.--.---- --___...--......--..348, 374
REED, U. S. HR 38-77 --Compensate .----..-_.. ----..----..----..._----.....------------,.237, 273
REEVES, HONORABLE OLLIE HR 67 --Sympathy for passing of.....--.....__.,,...--..._.-...._------.--_320
REGISTRARS HR 246 HB 17
--Provide for registration other than office of registrars----.417, 473, 564, 634, 703, 1150
--Retain civil service status -- ........162, 190, 549, 641, 905
REIDSVILLE, CITY OF HB 447 --City Court, disposition of fines.----........... 785, 827, 874, 883, 1340
RESIDENTIAL HOME BUILDERS COMMISSION, GEORGIA HB 690 --Create -......._......._...------..---------.....--................... 1824, 1896
2396
INDEX
RETIREMENT
HB 317
--Interim Committee Reports; Teachers Retirement Pay __.._----_----..__----_----_.._._ ........ 2242
--Justices of the Peace and Notaries Public Ex-Officio Justices of the Peace
Retirement Fund of Georgia; create new law--------471, 516 HB 150 --Ordinaries; authorize employment
of advisory agents for investment purposes _.--------.. 346, 373, 397, 450, 793 HB 146 --Peace Officers' Annuity and Benefit Fund; provide for investments .__.__------------_------___-- 345, 372, 397, 445, 793 SB 131 --Peace Officers' Annuity and Benefit Fund; filing of notice of disability .----._------------.----1460, 1463, 1552, 1556, 1937 --School Bus Drivers Retirement Committee; Interim Committee Report ...----_._--..--------.----.------_--_ 2233 HB 348 --Sheriffs' Retirement Fund of Georgia; provide ,,....__.......542, 628, 633, 1187, 1283, 1352,
1626, 2050 HB 223 --Solicitors' General Retirement Fund of
Georgia; qualifications for appointment.------. 389, 428, 953 HR 86-157 --State Employees' Retirement System;
invest funds in home loans on prop erty located in Georgia .----_...._----.----.349, 375, 1330, 1771 HB 145 --State Employees' Retirement System; employment of agents for advisory and investment purposes ___......--..--------_.-- __. 345, 372, 397, 443, 794, 1982 HB 141 --State Employees' Retirement System; judges and court employees to become members ._._,,.....__....--_...----_.--345, 371 HB 56 --State Employees' Retirement System; remove certain provisions .--..._._._..__-195, 242, 310, 362, 793 HB 103 --State Employees' Retirement System; full benefits after 35 years of service ----------....._ _. 269, 307 HB 190 --State Employees' Retirement System; accumulation of creditable service, involuntary separation ----.....__------.--._... 370, 395, 551, 648, 914, 920
HR 207
--State Employees' Retirement System; create joint committee to investigate ------_----..------ .__1157
SB 83
--State Employees' Retirement System; survivors' benefits ....... 839, 868, 900, 1149, 1530
HB 184
--State Employees' Retirement System; re-establishment of membership .............__...----.........._..._ 368, 394, 903, 1222, 1706
HB 148
--Superior Court Clerks; retirement benefits; provide for investments ... 346, 372, 397, 446, 833
HB 489
HB 149 HB 423 HB 139 HB 450 SB 164
INDEX
2397
--Superior Court Judge Emeritus; remove provision allowing time served in General Assembly . ..----_~.----_-.----895, 950
--Teachers; authorize employ ment of advisory agents ----- 346, 372, 397, 449, 794, 1984
--Teachers; computation of member's service retirement allowance --------------------------731, 788
--Teachers; credit for prior service .------ ----------. 305, 356, 902, 1171, 1828
--Teachers; pertaining to retire ment before January 1, 1963 ._..--___-------------- 785, 828
--Teachers retirement system; change minimum floor ..----.--. -- - 1708, 1721, 1825, 1907
REVENUE DEPARTMENT
HB 555 SB 146 HB 530
--Authorize special agents for enforcement of liquor laws.-- 1022, 1141, 1148, 1287, 1706
--Motor vehicles; Registration of manufacturers and dealers .... 1559, 1574, 1694, 1697, 1996
--Provide for appointment of two Deputy State Revenue Commissioners --........----___1018, 1032, 1138, 1289, 1707
REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS
HB 471 HB 400
--Provide for additional duties of Revenue Commissioner._--.----------.------.823, 871, 905
--Repeal ....._.,, ....-..._.._....--.-- _--------_------------------667, 733
RHODES, HAROLD R. HR 81-157 --Compensate .......... ............___......--___.----_------.._.348, 374
RICHMOND COUNTY
HB 589 HB 592 HB 590 HB 584
--Additional compensation of solicitor-general, judicial circuit _...------._ 1133, 1239, 1555, 1560, 1571, 2041
--Appointment of Clerk for office of Solicitor of the City Court .--_..---------- 1134, 1239, 1331, 1363, 1705
--Appointment of two Superior Court Reporters to Judges of Superior Court --..--1133, 1239, 1556, 1560, 1571, 2041
--Compensation of county officials __---------------------1132, 1238, 1331, 1361, 1705
2398
INDEX
HR 34-68 --Conveyance of State property------197, 244, 739, 884, 1335 HB 294 --County planning and zoning
commission, county board of zoning appeals; create ....--.._.---.466, 512, 550, 570, 1337 HB 586 --Establish City Court .--------.--.1133, 1239, 1331, 1362, 1705 HB 591 --Fees of coroner.----..----------..--.1133, 1239, 1331, 1362, 1705 HB 587 --Provide for appointment of assistant solicitor-general ..----1133, 1239, 1331, 1362, 1705 HB 588 --Provide for appointment of assistant solicitor of city court .--------------.....--------.1133, 1239, 1331, 1362, 1705 HB 593 --Provide for appointment of Judge and Solicitor of City Court ..................._......_.._....1134. 1240, 1331, 1363, 1705
RIGHT TO WORK HB 130 --No infringement based on age of employee ...................303, 354
RIVERDALE, CITY OF HB 553 --Provide and define wards...-....-. 1022, 1141, 1148, 1266, 1703
RIVERSIDE, TOWN OF HB 480 --Power of Mayor and Alderman.___.___.. 866, 899, 953, 962, 1334
ROBBERY HB 43
--Banks; punishment .....__._----____..___.._._.___._._---- 185, 200, 432
ROBERTSON, REV. VERNARD --Prayer by; Americus, Ga. _--.--_--___--___--___----__......._.506
ROCHELLE, CITY OF SB 140 --Salary of mayor and aldermen.-1459, 1643, 1552, 1827, 1834
ROCKMART, CITY OF
HR 42-107 --Rockmart Development Authority; create; amendment to the Constitution ......_,,....--.....__._..-_..--.....270, 308, 377, 572, 911
INDEX
2399
I ROGERS, DR. WALLACE
(
HR 75 --Sympathy for passing of--------------------.---324, 379
ROGERS, JAMES V.
HR 7 --Commend ------------------_------___..----_------------_ ------14 (Ex. Sess.)
ROME JUDICIAL CIRCUIT HB 92 --Supplement salary of Judge.------.. 240, 276, 311, 341, 552
ROSSVILLE, CITY OP
HB 664 HB 665
--Tax on property --_----._.----------1445, 1549, 1696, 1712, 2047 --Tax on property _------__..--------1445, 1549, 1696, 1713, 2047
ROSWELL, CITY OF SB 122 --Change corporate limits..--------.1708, 1721, 1824, 1897, 1905
R.O.T.C.
SR 68 HR 62
--Oppose proposed cutback, urge expansion ______--______1151, 1167 --Request Congress to continue--------.------_----------.314, 378
ROUNTREE, MISS SARAH LYNN HR 94-188 --Compensate .____--_.___.----__--____------369, 395, 675, 761, 1900
ROWLAND, HONORABLE J. H. HR 136 --Sympathy for passing of-- .------_..------------------519, 635
RURAL ROADS AUTHORITY ACT, GEORGIA HB 280 --Change membership __--__----___----_--424, 479, 551, 654, 836
RUSSELL, SENATOR RICHARD B. SR 69 --Invite to address joint session-------------------1151, 1168
RUSSIAN CHURCHMEN HR 217 --Protest visit of------------------__--_---------_1249
2400
INDEX
RUTLAND, HONORABLE GUY W., JR.
HR 210
--Commend ....._.._. ...------... ..........__...__.__.....----.. 1160 --Elected Speaker Pro Tempore ... --------_..._----.................. 109
RYDER CUP GOLF MATCHES WEEK HR 233 --Designate .____..-_.__..._----.__._.._.----______..______..___. 1350, 1699
s
SAFETY BELTS
SB 39
--Automobiles equipped with ._.._----._..._--.--............ 739, 742, 790, 1030, 1382, 1559
SAFETY FIRE COMMISSIONER
SB 65
--Authorize State Fire Marshall to make arrests and carry weapons ...................... 792, 795, 829, 904, 1863, 1896, 1961
SALE CITY, CITY OF
HB 519
--Change date for holding of election for Mayor and Aldermen .... 1016, 1136, 1136, 1147, 1257
SALESMEN HB 290 HB 632
--Redefine relating to sale of securities ..._.--__,,. ....... .465, 511, 675, 931, 1829
--Tax or license for sale of goods where no delivery of goods is made .._..............._........_.. 1320, 1449, 1557, 1789
SALES OF PROPERTY
SB 25
--Under execution; time, manner and place of holding ...............463, 472, 517, 676, 1225, 1559
SALES TAX
HR 15-9 HB 626
HB 3 HB 372 HB 451
--Bible; suspend .--..----....._....._.....__...__ 160, 188, 202, 224, 398 --Brackets for collection when fractional
parts of dollars are taxed .__._.__._.___......... ............ 1234, 1328 --Define machinery ..___....___----.--._______. 158, 187, 202, 220, 299 --Exclude drugs prescribed by physician ........... .... 622, 671 --Exemption of funeral expenses ,,..__................ 786, 828
INDEX
2401
HB 4 HR 16-9 HB 186 HB 431
--Exempt sale of certain machinery ------------------___-- 159, 187, 202, 222, 299
--Ratify suspension on purchases by certain colleges, etc..----------------------------160, 188, 202, 226, 398
--Seed, fertilizers, etc.; exempt------------.----------_--369, 394, 433, 525, 794
--University System of Georgia, tangible personal property; exempt._----_782, 825, 1032, 1415, 1828
SANDERS, GOV. CARL E.
--Address --------------------------------___----.133, 145, 1036 --Address __..-_.--------._------------------------------------1966
SANDERS, WILLIAM L., AMERICAN LEGION POST NO. 4742 HR 107-254 --Compensate _....---- _------_------------_.419, 474, 902, 998, 1461
SAVANNAH, CITY OF
HB 346 --Create Savannah District Authority......._------------ 541, 628 HB 143 --Extend corporate limits........345, 372, 432, 496, 1457, 1844 HB 171 --Judge of City Court, relating to
motions for new trial ----...------.... 366, 392, 480, 486, 1337 HB 245 --Mayor shall be only ex-officio member of Armstrong
Junior College Commission.----_----------------_._ 417, 473 HB 170 --Municipal Court, increase
civil jurisdiction ._._...--......_.-------- 366, 392, 480, 486, 1700 SB 17 --Municipal Court, Judge compensation ._--____ 558, 560, 631 HR 135-346 --Savannah District Authority; create;
amendment to the Constitution._------...._...----._.__.. 542, 628 HB 399 --Savannah District Authority; filling of
vacancies due to expiration of terms ........--------. 667, 733
SAVANNAH DISTRICT AUTHORITY HB 399 --Filling of vacancies due to expiration of terms
667, 733
SAVANNAH DISTRICT AUTHORITY ACT OF 1963 HB 346 --Create Savannah District Authority.----------_--541, 628
SAVANNAH RIVER
SR 15
--Construction of multipurpose project at Trotters Shoals site.----------------------..----235, 313
2402
INDEX
SAVANNAH STEAMSHIP COMMISSION HB 55 --Create _--------_-----------__-194, 242, 245, 336, 559, 844
SAVINGS AND LOAN ASSOCIATIONS HB 417 --Method for incorporation--------------------------- 730, 787
SCARBORO, EDSEL HR 46-107 --Compensate -----....------.....-------- 270, 308, 1242, 1389, 1900
SCHOLARSHIPS
HR 40-77 --Pharmaceutical students; Constitutional amendment-_.._._. _..--_----_--._.._..237, 274
SCHOOL BUS DRIVERS RETIREMENT COMMITTEE --Interim Committee report----_-------_----_-_----------2233
SCHOOLS HB 95 HB 684 SB 26 HB 102 HB 152 HB 527 SB 8 SB 7
HB 270 SB 81 HB 307 HR 69
--Academic Junior College Program; establish as
part of public school system------------------ -- 240, 276
--Bus drivers; increase minimum salary--------------1547, 1693
--Bus drivers; obtain a
chauffeur's license-----------------558, 560, 631, 792, 1955
--Buses; discharge of
passengers ----------_.---- 839, 869, 901, 1145, 1798, 1833
--County Boards of Education; authorized to insure
teachers and employees--__--.......346, 373, 397, 504, 794
--County Board of Education; power to equip facilities
beyond 12th grade--...1017, 1137, 1145, 1514, 1602, 1986
--County superintendents of schools;
filling vacancies.........----------300, 306, 356, 548, 717, 718
--County Superintendents of Schools;
qualifications ------.----299, 305, 356, 548, 709, 1880, 1886,
1943, 1972, 1972
--Create driver education
program
-- ---------------- ---- 422, 477, 1332, 190V
--Education grants; method
by which paid.__._----._-__--_________ 683, 686, 737, 1145, 1939
--Educational grants; grand jury to decide when
Act shall become effective----------------_----.-469, 514
--Federal Aid to Education; urged to
enact appropriate legislation____------------------------326
INDEX
2403
HR 21-23 --Governor's Commission to Improve Education;
create .............163, 191, 191, 230, 431, 435, 482, 483, 840,
1609, 1872, 1903, 1916
HB 93 --Lord's Prayer; recited in all common schools---.----240, 276
HB 504 --Milk; not included under any law
regulating dispensing of..-..._-._._...-..-898, 952, 1146, 1785
HB 76 --Minimum Foundation Program of Education;
calculation of financial ability~--236, 273, 377, 401, 682
HB 602 --Minimum Foundation Program of Education;
county school boards authority, consolidation
of schools _........_......._._._.....-..--.1136, 1241, 1243, 1380, 1901
HB 486 --Minimum Foundation Program of Education;
supplemental salaries to school
lunch supervisors ----------------------..------867, 900, 1330
SR 79
--National council of teachers of English Achievement Awards, commend ______------.--.1459, 1470
HR 93-181 --Oil and mineral proceeds from State lands
to be appropriated for education;
amendment to the Constitution----_..-_-.----,,---_----.368, 394
HR 119-295 --Prohibit Homstead Exemption from ad
valorem taxation for school purposes;
amendment to the Constitution.-- _..__..._._....._..._467, 512
HR 227 --State Board of Education to study corporal
punishment in public schools___....--___._._.._--1342, 1554, 1586
SB 67 --State Superintendent;
qualifications _----_.------__----740, 742, 790, 873, 935, 1034
SR 47 --Tax exemptions for certain educational expenses;
urge Congress to support........_.------._..683, 684, 736, 873
HB 149 --Teachers' Retirement; authorize employment
of advisory agents....................346, 372, 397, 449, 794, 1984
HB 423 --Teachers' retirement; computation of member's
service retirement allowance.--..----_----..._...----731, 788
HB 139 --Teachers' retirement; credit for
prior service--------------.305, 356, 902, 1171, 1828
HB 450 --Teachers' retirement; pertaining to retirement
before January 1, 1963___------___--.......----__..___--.785, 828
SB 164 --Teachers' retirement system;
change minimum floor........................1708, 1721, 1825, 1907
SCIENTIFIC RESEARCH AND DEVELOPMENT
SR 64 --Create Governor's Commission .______._------------1339, 1341, 1452, 1456, 1646
SCOGGIN, ROBERT L.
HR 13 --Commend ......--.--_.__--.------_._----------__............ .... 22 (Ex. Sess.)
2404
INDEX
SCREVEN COUNTY
HB 172
--Create Industrial Development Authority,..------ ._ 366, 392, 480, 487, 680
SEAL HR 27-47 --General Assembly, provide for.------ 186, 201, 278, 287, 398
SEAT BELTS SB 39
--Automobiles equipped with -_----------------.---- 739, 742, 790, 1030, 1382, 1559
SECRETARY OF STATE
HR 279 SB 155
--Appreciation to
------------____.--------,,.._... 2025
--Incorporation of municipalities;
records kept by------------_------------ 1709, 1722, 1825
SECURITIES HB 533 HB 623
HB 290
--Additional securities for investment by counties .. 1018, 1138 --Georgia Securities Act; exploration oil or
gas well enterprise, regulation of sales of certificates of interest.--.----------------.1233, 1328 --Sale of; redefine the word "salesman" ---- --------------------465, 511, 675, 931, 1829
SECURITY ON A BOND HR 106-254 --Relieve Troy Hartley. ...--------------...419, 474, 551, 644, 838
SEED HB 186
--Sales Tax; exempt--.--_-_---_----369, 394, 433, 525, 794
SEGARS, JULIAN TILMAN HR 253 --Commend --------------__--___-______--___--__----_ 1583
SELF-INSURERS
HB 671
--Workmen's Compensation; return of bonds to self-insurers.....------------------.-------1446, 1550
INDEX
2405
SENATE
SR 1 (Ex. Sess.) SR 4 (Ex. Sess.) SB 1 (Ex. Sess.)
---Notify House that Senate has convened ___----------------17 --Provide number of members ____________.,,_._______66, 67, 71, 71, 80 --Reapportionment of..-------__------.-.37, 37, 47, 48, 66, 77
SENATORIAL DISTRICTS, STATE HB 525 --Change composition of two districts___ __ _____._1017, 1137, 1245
SENATORS SR 7
--State; provide for 4 year terms; amendment to the Constitution....----------------.278, 306, 356, 1032
SERVICE MARKS
HB 424 --Trademark Registration Act; registration .----_........--_..___..._.731, 788, 1147, 1312, 1831
SHAD HB 488
--Provide time when may be taken from waters ...._...----...----------____ 867, 900, 1244, 1410
SHERIFFS HB 102
--Place on salary in lieu of fee basis, all counties.------------------------- ----------.....269, 307
SHERIFFS' RETIREMENT FUND OF GEORGIA HB 348 --Provide ____________ 542, 628, 633, 1187, 1283, 1352, 1626, 2050
SHIPS SB 18
--Identification of registry----------------------.463, 472, 516
SINE DIE
HR 26 (Ex. Sess.)
--Adjournment of General Assembly.--------------...----... 86, 87
2406
INDEX
SLUM CLEARANCE
HB 640 HB 252 HB 666
--Purpose for which County taxes may be levied and collected---__----------------1322, 1450, 1490
--Urban Redevelopment Law; define "slum area"----------.418, 474, 633, 718, 1034, 1054
--Urban Redevelopment Law; supension of certain requirements when designated disaster area_----------------------. 1445, 1549
SMALL CLAIMS COURTS, CERTAIN COUNTIES
HB 18 HB 314 HB 302
HB 124
--Garnishment, executions------------_ ....162, 190, 245, 334, 555 --Qualification of judge, certain counties....470, 515, 902, 1056 --Provide change in practice of garnishments,
certain counties.._____..468, 513, 902, 1155, 1941, 2013, 2040 --Provide for notice by certified
mail ._._-._..------------..----------302, 353, 1455, 1489, 2049
SMITH, ED. L. HR 238-683 --Compensate ._......_...__....._._-.-.....-...__.__..___...__.............1448, 1552
SMITH, GEO. L. II
HR 257 HR 103
--Address by __.._--_--___._----...----_...,,___.__.......__.__.........___.....__ 85 --Commend .__----_-----------__--_---._--.------------.1886 --Wishing speedy recovery--.....----------._...._.__..__.._._..__....... 399
SMITH, GEO. T.
--Address by.--..--------------_._.--.__----__------------101 --Elected Speaker of House....----.......----_------_----.._.........100
SMITH, HONORABLE AND MRS. GEORGE T. HR 162 --Wishing speedy recovery.--....----__--------..----.--...743, 877
SMITH, MRS. HOMER HR 52-110 --Compensate ._.------_..----------------.271, 309, 480, 536, 741
SMITH, RUSSELL R., Representative of Habersham --Explanation of Vote.--------------------------------.---66
INDEX
2407
SMITH, MRS. W. H. HR 290 --Sympathy for passing of-..----.------.--_----_--.----2033
SMITH, REV. JACK, Sylvania, Ga. Prayer by.------------_--__-_--_-_____-----__--1688
SMYRNA, CITY OF
HB 529
--Change certain punishments in charter ----------------1017, 1137, 1147, 1258, 1832, 1843
SOCIAL SECURITY ACT
HB 140
--Applicable to area boards of education ................----------344, 371, 1242, 1616, 2049
SOLICITORS-GENERAL
HB 224
--State employees health insurance plan; authorize participation ----------389, 428, 676, 1645, 2050
SOLICITORS' GENERAL RETIREMENT FUND OF GEORGIA HB 223 --Qualifications for appointment----- .----------389, 428, 953
SOMMERS, WILLIAM C. JR. HR 178-500 --Compensate ----.____..------------._----------------897, 952
SOUTHERN JUDICIAL CIRCUIT
HB 457
--Judge of the Superior Court, compensation --------.------------.821, 870, 953, 1057, 1459
SOUTHERN TECHNICAL INSTITUTE
HR 131
--Urge Board of Regents to construct additional dormitories.--. .--___.--....----------------501, 635
SPEED LIMIT HB 10 --Change ----------------------160, 189, 245, 261, 431, 436, 437
2408
INDEX
SPEED TRAPS
HB 420 HB 415
--Traffic laws; provide for Board to inquire into abuses and irregularities ..--730, 787, 905, 1210, 1828
--Traffic violations; no fees in excess of $1.00--------729, 786
ST. ANDREW'S SOUND HB 165 --Prohibit crab fishing--------------------....351, 376, 832
ST. MARY'S, CITY OF
HB 167 HB 168
--Empower to borrow from 1st Federal Savings & Loan Association of Brunswick- 351, 377, 432, 497, 680
--Provide mayor and council authority to adopt ordinances ----------------351, 377, 432, 498, 680
STANDING COMMITTEE ASSIGNMENTS --Pages ....___.__------_.____._.____------------163 thru 181
STARTUP, REV. KENNETH M., College Park, Ga. --Prayer by ----------_---------..__.------------------ 893, 944
STATE AGENCIES SB 6 --Consolidation and merger----.277, 305, 356, 378, 406, 517
STATE-AID ROADS HB 259 --Define --------......__----.--420, 475, 548, 612, 876
STATE AUDITOR
HB 638
--Time for furnishing copies of audit to members of the General Assembly.---1321, 1334, 1450, 1643, 2052
STATE BAR OF GEORGIA
SB 62 HB 315
--Create .----------__..----------682, 685, 736, 829, 831, 886, 971 --Establish ______.___----------__-------------- .--.470, 515
STATE BOARD OF BARBER AND BEAUTICIAN EXAMINERS
HB 104
--Exempt certain activities from regulation-......_....------...-.-......-.------269, 307, 397
INDEX
2409
STATE BOARD OP DISPENSING OPTICIANS HB 459 --Licensing of dispensing opticians--.----_-----_...--~ 821, 870
STATE BOARD OF EDUCATION
HB 140
HB 270 HB 100
HB 200
HB 35 HR 227
--Area boards of; applicable to Social Security Act ..----------344, 371, 1242, 1616, 2049
--Driver education program; create------422, 477, 1332, 1907 --Educational television; establish instructional
courses ---- 241, 277, 1145, 1256, 1330, 1490, 1898, 1926 --Garnishments; exempt from wages due
deceased employees--.--------.----_----------385, 425, 954 --Old Age and Survivors Insurance....184, 199, 549, 641, 1337 --Study corporal punishment in
public schools...----_..--..----..--...-..-.----1342, 1554, 1586
STATE BOARD OP HEALTH
HB 429
--Release from certain contractual obligations .----.--------__ .733, 789, 905, 1534, 1602, 1989
STATE BOARD OF MEDICAL EXAMINERS
HB 289
--Provide for appointment from each congressional district._...----------...465, 511, 548, 614, 913
STATE BOARD OF REGISTRATION FOR FORESTERS HB 322 --Define powers and duties ----_._----.----------------..507, 545
STATE BUDGET OFFICER HB 64 --Define duties ._.__.._.----------------------196, 244, 396, 459, 741
STATE CONSTRUCTION
HB 210 HB 207
--Georgia Forest products; provide for exclusive use.-..--..--387, 426, 832, 929, 955, 1200, 1699
--Prevailing wages to employees.---------- ------.------.386, 426
STATE DEPARTMENT OF FAMILY AND CHILDREN SERVICES
HB 561 HB 562
--Name changed from Department of Public Welfare-----.------_ 1023, 1142, 1456, 1637, 2051
--Provide for appointment of new county boards in each county------..... 1023, 1142, 1456, 1639, 1901, 1991
2410
INDEX
STATE DEPARTMENT OF LAW
HB 311
--Attorney General shall appoint all assistant Attorneys General--_----------------------470, 515
STATE DEPARTMENTS
SB 6 --Consolidation and merger------,. 277, 305, 356, 378, 406, 517 HB 1 --State Highway Board; create--158, 187, 192, 206, 299, 327
STATE ELECTION BOARD HB 687 --Create ._------........__------._...----------------1548, 1694
STATE EMPLOYEES
HB 155 HB 158 HB 224 HB 156 SB 124
--Authorize deduction of payments to credit unions ....._----__........__._--._..___._.... 347, 373, 873
--Health Insurance Plan; authorize participation by County Welfare Departments.......--------.--... 349, 375
--Health insurance plan; authorize participation by Solicitors-General-...-----.--....389, 428, 676, 1645, 2050
--Payment of wages due deceased employees --347, 373, 397, 519, 603, 1034, 1047
--Time off to vote----------------------1459, 1462, 1552, 1897
STATE EMPLOYEES' ASSURANCE DEPARTMENT SB 84 --Create ----------839, 868, 901, 1149, 1528, 1559, 1792, 2057
STATE EMPLOYEES' MINIMUM WAGE BILL HB 505 --Establish ............--------_......._..._.--------.........------898, 952, 1354
STATE EMPLOYEES' RETIREMENT SYSTEM
HB 190 --Accumulation of creditable service, involuntary separation -------- 370, 395, 551, 648, 914, 920
HR 207 --Create joint committee to investigate-----.._____.._--..----.1157 HB 145 --Employment of agents for advisory and
investment purposes ----.--345, 372, 397, 443, 794, 1982 HB 103 --Full benefits after 35 years of service--------.__--__ 269, 307 HR 86-157 --Invest funds in home loans on property
located in Georgia...........__----....--........ 349, 375, 1330, 1771 HB 141 --Judges and court employees
to become members --------...----_.----_.------__ -345, 371 HB 184 --Re-establishment of membership--368, 394, 903, 1222, 1706 HB 56 --Remove certain provisions------.----.195, 242, 310, 362, 793 SB 83 --Survivors' benefits........----------.----.839, 868, 900, 1149, 1530
INDEX
2411
STATE EXAMINING BOARD HB 432 --Psychologists; method of appeal..-..---__--782, 825, 1146
STATE FIRE MARSHAL
SB 65
--Authorized to make arrests and carry weapons.----792, 795, 829, 904, 1863, 1896, 1961
STATE GAME AND FISH COMMISSION
HB 397
HB 612 HB 321
--Condemnation of property used in hunting of deer at night ______--.------.------626, 674, 1333, 1680, 1901, 2000
--Provide for purchase of aircraft---------------------.1231, 1326 --Quail; unlawful to trap........__.__------__._507, 545, 832, 890, 977
STATE HIGHWAY BOARD
HB 1 --Create ........_.._..........._______..--._--....158, 187, 192, 206, 299, 327 HR 14-9 --Create .........___--.........._--------____...------_._._.------.----__--160 HB 281 --Director shall not constitute the
Georgia State Highway Authority....424, 479, 551, 656, 836 HB 42 --Expenditure of funds ...____--------...__. 185, 200, 1243, 1609, 2049 HR 19-23 --Members qualifications, tenure;
amendment to the Constitution .._._......._._--_._...----163, 190, 192, 215, 299, 433
STATE HIGHWAY DEPARTMENT
HB 87
HB 279 HR 258
--Director; provide for negoti ation of contracts ___________.....239, 275, 1028, 1494, 1496, 1562
--Power of eminent domain....--...------..424, 479, 548, 611, 836 --Use of domestic materials....__.__._.--------....._------_....1813, 1901
STATE HOLIDAYS
HB 327
--Georgia Factory for Blind; observe with pay ........--------__----.508, 546, 875, 1115, 1558
STATE INSTITUTIONS
HB 163
--Cost of care of persons admitted or committed ----________----_.._._______ 350, 376, 903, 1365
2412
INDEX
STATE INSTITUTIONS AND PROPERTY
--Penal Institutions Subcommittee Interim report----------------------.-----------------------.2236
STATE INSTITUTIONS AND PROPERTY COMMITTEE HR 68 --Create interim committee ----_--__----.----_----__. 325, 1698
STATE LEASED PROPERTIES STUDY COMMITTEE
HR 138-379 --Create .
_ ..----------.
623, 672, 1031, 1295, 1831
STATE LITERATURE COMMISSION HB 131 --Provide for declaratory relief._--------___--------.__.-. 303, 354
STATE OFFICE BUILDING AUTHORITY HB 8 --Revenue bonds .___.------------_---------- 159, 188, 191, 228, 431
STATE OFFICIALS
HB 41 HB 364
HB 601
SB 4
--Certain officials may be garnished--------------185, 200, 676 --Compensation of ex-officio
officials ------------.__------_ 621, 670, 1554, 1754, 1902, 1968 --Establish salary and
expense allowance ----------__--1136, 1241, 1242, 1510, 1691 --Vacancies and resignations;
procedure for suspension.._----_----------683, 684, 736, 1826
STATE PARKS
HB 657 --Lease to public authorities._----._ 1324, 1452, 1557, 1635, 2052 HR 77-157 --Repeal Resolution recommending
State discontinue building of cabins in State Parks.-----.. ------.... 347, 374, 481, 527, 794
STATE PROPERTY " HB 313 --Granting of loans to counties ..---- 470, 515, 634, 1185, 1558
STATE REVENUE DEPARTMENT
HB 555 HB 471
--Authorize special agents for enforcement of liquor laws----.. 1022, 1141, 1148, 1287, 1706
--Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; provide additional duties of Revenue Commissioner ......--..._----_------------823, 871, 905
INDEX
2413
i STATE REVENUE DEPARTMENT
]
HB 530 --Provide for appointment of
two Deputy State Revenue
Commissioners ......_....._.--..._-. 1018, 1032, 1138, 1289, 1707
STATE SCHOOL SUPERINTENDENT
SB 67 --Qualifications
.
. . 740, 742, 790, 873, 935, 1034
STATE SENATE
HR 14-2 --Re-apportion .._...-...._._.........._.....__,,_____.____._.._.____,,_.--_--_-26, 34 (Ex. Sess.)
STATE SENATORIAL DISTRICTS HB 525 --Change composition of two districts-------___ 1017, 1137, 1245
STATE SUPERVISOR OF PURCHASES HB 495 --Compensation ... 896, 951, 1557, 1661, 1663, 1692, 1903, 1953
STATE TOLL BRIDGE AUTHORITY ACT
HB 1 --Amend; composition of membership ....__.__ 17, 21, 22, 27, 48 (Ex. Sess.) HB 282 --Change membership ........._.. __ _. 425, 479, 551, 658, 837
STATESBORO, CITY OF
HB 494
--Power of Mayor and City Council relating to landowners .... 896, 950, 953, 1059, 1459
STATEWIDE PROBATION ACT HB 509 --Court's discretion, imposition of sentence _____ 946, 1025, 1029
STEAMSHIP "SAVANNAH" COMMISSION HB 55 --Create .... ___...._._.____....,,.-_______._..__ 194, 242, 245, 336, 559, 844
STEWART COUNTY
HB 540 HB 625
--Compensation of the Clerk of the County Commissioners ______ 1020, 1139, 1147, 1261, 1702
--Election of county officials by majority of popular votes____1234, 1328, 1455, 1488, 2044
2414
INDEX
STOCK AND STOCKHOLDER
HB 192 HB 194
--Purchase of capital stock in bank service corporations ~_.._--_----..--___-- 370, 395, 675
--Vote authorizing change in location of bank office __-__...------ 370, 396, 675, 775, 1699
STOCKS SB 68
HB 191 HB 422
--Capital stock of banks applying for charters; to be paid in ----------------------684, 685, 736, 1028, 1802
--Certificates; provide for methods of receipt by banks ------_. 370, 395, 675, 767, 1699
--Corporate; income tax exemptions -------------------- 730, 787, 1032, 1726, 2050
STONE MOUNTAIN MEMORIAL ASSOCIATION HB 441 --Provide for security officers.-....-..-. 784, 827, 875, 923, 1458
STREAMS HB 402
--Landowners responsible keeping free from debris.----.......--_.___________________667, 734
STREETS
HB 3 (Ex. Sess.)
--Funds to construct and maintain streets..---26, 34, 39, 76, 77
STRICKLAND, GABRIEL HR 218-635 --Compensate ....--------------------.1321, 1449, 1553, 1678, 2055
STRIKES SB 34
--Firemen not to participate in---------------------463, 472, 517
STUCKEY, HONORABLE W. S. HR 293 --Appreciation to .._------_--...___........--._...............--------..._-....2035
SUGGS, IRVIN DAVID HR 61-137 --Compensate ......................--------305, 355, 675, 758, 1461
SUMMONS HB 595
INDEX
2415
--Garnishment trials; issuance of successive summons before trial--~_------._------.___.-- ___---1134, 1240
SUMTER COUNTY HB 455 --Compensation of Coroner___._.___-820, 869, 904, 918, 1335, 1372
SUNDAY CLOSING
SB 11
--Commercial establishments closing on Sunday -...464, 510, 547, 1029, 1669, 1722, 1726
SUPERINTENDENT OF BANKS SB 69 --Office not open on Saturday ._____739, 742, 790, 1028, 1804
SUPERIOR COURT
HR 160-438 --Incorporate fire protection districts; amendment to the Constitution _______ __.._ __..._ 783, 826
HB 39 --Misdemeanor may be tried ______.----_.___185, 200, 873, 1180
SUPERIOR COURT CLERKS
SB 45
HB 361 HB 660
HB 58 HB 148
--Collect recording fees in advance ______--__-..----556, 561, 632, 873, 1217, 1457
--Compensation ___________ _____._.-____.______.___.544, 630, 677, 694, 1339 --Cross-reference card-index system
for the records...--___--.----_..----_------____--------1444, 1548 --Endorse title transfer.---__._....-___----_---____.---195, 243 --Retirement benefits, provide
for investments ____________________________________ 346, 372, 397, 446, 833
SUPERIOR COURT JUDGES
HR 167-477 --Change amount of travel ing expenses -824, 872, 954, 1314, 1316, 1352, 1542, 1831
HB 345 --Emeritus; additional compensation---_...____._.________........541, 628
SUPERIOR COURT JUDGE EMERITUS
HB 489
--Retirement; remove provision allowing time served in General Assembly----------------.895, 950
2416
INDEX
SUPERVISOR OF PURCHASES, STATE
HB 495
--Compensation of __,,,,_--_._896, 951, 1557, 1661, 1663, 1692, 1903, 1953
SUPREME COURT
HB 315 SB 62 HB 330
--Authorize establishment of State Bar of Georgia Association......____........._..^___.470, 515
--Authorize establishment of State Bar of Georgia ......__ 682, 685, 736, 829, 831, 886, 971
--Justices; to fix dates for holding Bar Examinations .... _. ......__509, 546, 873, 927, 1460
SURVEYORS HB 52
--State Board of Registration for Professional Engineers & Surveyors; per diem expense allowance _-_-.-__._..194, 242, 310, 363, 364, 366, 1169, 1829
SWAINSBORO, CITY OF SB 120 --Increase corporate limits _.._...____1336, 1341, 1453, 1556, 1573
SWEET POTATO ASSOCIATION HR 287 --Commend ._.-....._...._............__._._.._..__........__.._......_2031, 2056
SWINT, MRS. H. S. HR 181-516 --Compensate ..............__-_-.__....._....._ 947, 1026, 1553, 1739, 2054
SYLVANIA, CITY OF
HB 393 HB 536
--Grant new charter __,,_,,..._.. ....625, 673, 738, 747, 884, 890, 892 --Selection and appointment of
city council .-....._.__..__........._.._. 1019, 1139, 1147, 1260, 1701
SYLVESTER, CITY OF
HB 676
HB 295 HB 293
--Compensation of Mayor and Councilmen ___..__...-......___._..1447, 1550, 1696, 1715, 2048
--Enlarge city limits __.....--.-___._.-.__... 466, 512, 550, 571, 837 --Extend city limits_______~----____._.--_._. 466, 512, 550, 570, 837
INDEX
2417
T
TALBOT COUNTY HB 49 --Election districts ._.._--------.----193, 241, 245, 336, 559, 664
TALMADGE, SENATOR HERMAN E. SR 70 --Invite to address joint session.------------.._.. ------1151, 1169
TANNER, DR. GROVER, JR., Bremen, Ga. --Prayer by ........,,.---------_--.--... ...... ..._.......... 1317
TAXATION
HB 490 HB 528
HB 640 SR 47 HB 458 HB 627 HB 53
--Cigars and cigarettes; tax imposed shall be upon the person purchasing------------.....-- 895, 950
--Corporation income tax returns; repeal provision relating to filing by two or more corporations ....----... 1017, 1032, 1137, 1631
--County taxes; slum clearance; purpose for which levied and collected------1322, 1450, 1490
--Exemptions for certain educational expenses; urge Congress to support..._.. 683, 684, 736, 873
--Exemptions for dependent children who are students during taxable year __--------___....-- 821, 870
--Extend time within which additional tax may be assessed __.....------------.------.---.1234, 1246
--Federal Income Tax; deduct from State .................. 194, 242
HR 132-330 --Federal Internal Revenue Code of 1954; ratify Executive Order of the Governor ...... 509, 546, 635, 714, 876
HB 2 --Income tax; certain corporations, file estimate ....__..----..158, 187, 203, 252, 398
HB 422 --Income tax; corporate stock, exemptions ..__....__......__ 730, 787, 1032, 1726, 2050
HB 267 --Income tax; depreciation allowance for small business firms .....,-------- .-,,__--....--..--...... 421, 47G
HB 636 --Income tax; imposition, rate of computation and exemptions from a trust .....___..----_.....__----.1321, 1449, 1456, 1633, 2052
HR 133-330 --Income tax, subsistence allow ances; ratify Executive Order of the Governor.:------_-------..--..509, 546, 635, 716, 877
HB 115 --Intangible Property Tax Act; change meaning of "long-term" and shortterm" notes, real estate-----------------.-.----.---. 300, 352
2418
INDEX
HB 114 HB 572
--Intangible Property Tax Act; short-term notes secured by real estate.--..._._.__--_------...... 300, 352
--Kerosene; striking provisions
HB 320
relating to tax.....----.----__...._----------1130, 1236, 1456 --Motor Fuel Tax Law;
gasoline used on navigable waters _...--.507, 544, 634, 722, 1155, 1434, 1830
HB 541
--Motor Fuel Tax Law; provide refund on gasoline when used for cutting timber--_~--_.1020, 1139
HE 17-16 --Motor vehicles; tangible property
for ad valorem tax purposes; amendment to the Constitution..----.161, 189, 202, 284, 398
HB 205 --Political subdivisions em
powered to issue notes
of indebtedness in antici pation of collection of taxes during calendar year ---------- 386, 426, 675, 765, 767, 795, 796, 1180, 1706 HR 119-295 --Prohibit Homestead Exemption from ad valorem taxation for school
HB 411
purposes; amendment to the Constitution--______467, 512 --Proof of payment of ad valorem tax
before issuance of Motor Vehicle
license plates ______________----______669, 735, 832, 933 HR 182-517 --Property; voters entitled to vote on;
amendment to the Constitution.....____.____----.948, 954, 1026 SB 74 --Tax returns; by mail------------------------839, 868, 900, 1148 HB 400 --Revenue Tax Act to Legalize and Control
Alcoholic Beverages and Liquors; repeal------_,,__ 667, 733
HB 632 HB 626 HB 3
--Salesmen; tax for sale of goods where no delivery of goods is made--.1320, 1449, 1557, 1789
--Sales tax; brackets for collection when fractional parts of dollars are taxed--._.___..1234, 1328
--Sales tax; define machinery.....--...----158, 187, 202, 220, 299
HB 186
HB 372 HB 4
--Sales tax; exempt seed, fertilizers, etc. ----_________.369, 394, 433, 525, 794
--Sales tax; exclude drugs prescribed by physician.--.622, 671 --Sales tax; exempt sale of
HB 451
certain machinery ___--_______--------159, 187, 202, 222, 299 --Sales Tax; exemption of funeral expenses.----------.786, 828 --Sales Tax, Holy Bibles, Executive Order.........------------....112
HR 16-9 --Sales Tax; ratify suspension
purchases by certain colleges, etc.....l60, 188, 202, 226, 398 HR 15-9 --Sales Tax; suspend on sales of Bible.--160, 188, 202, 224, 398
--Tangible Personal Property--Univ. System of Georgia.....113
HB 38 SR 115
--Tax Digest; integrated lists.-_____........----------184, 200 --Timber; petition Congress to
reject changes in taxation...-_-----______--_______________.1904, 2056
HR 206 --Timber; urge Governor, etc. to
resist certain changes._______..----------.1156, 1245, 1343
HB 431
INDEX
2419
--Sales tax; University System of Georgia, tangible personal property; exempt _..___------782, 825, 1032, 1415, 1828
TAX COLLECTORS AND COMMISSIONERS
HB 97 HB 96
--Amount of bond .----_-------_.------------------_...241, 277 --Bond requirements ------..---------- 241, 276, 313, 361, 551
TAX DIGEST HB 38 --Integrated lists .--.-_..---.----------------------- 184, 200
TAX EQUALIZATION
HB 7
--Loans to counties; ad valorem tax purposes ---------------- 159, 188, 278, 281, 1150, 1596
TAX EQUALIZATION STUDY COMMITTEE --Interim report--------_------------------------------------2240
TAYLOR COUNTY
SB 105 --Consolidation of schools.--.------------------840, 869, 901 HR 199-595 --Conveyance of certain State property----______.1134, 1240
TAYLOR, JOHN L.
HR 9 --Express sympathy for passing of .....------_ --------------------15 (Ex. Sess.)
TEACHERS HB 152
--Authorize County Boards of Education to insure ...--------------346, 373, 397, 504, 794
TEACHERS RETIREMENT SYSTEM (See Retirement) SB 164 --Change minimum floor -----------------.1708, 1721, 1825, 1907
HB 149 HB 423 HB 139
HB 450
--Authorize employment of advisory agents ----------------346, 372, 397, 449, 794, 1984
--Computation of member's service retirement allowance.------------------731, 788
--Credit for prior service..--.----------.305, 356, 902, 1171, 1828 --Teachers Retirement Study Committee
Interim report--------------_--------------------------2242 --Pertaining to teachers retiring
before January 1, 1963------------._------------------785, 828
2420
INDEX
TELEPHONE COMPANY HR 211 --Commend operators------------------...----------------1160
TELEPHONE HB 288 --Prohibit use of certain language....... 465, 511, 953, 1277, 1829
TELEVISION HB 100
--Educational; State Board of Education to establish instructional courses---241, 277, 1145, 1256, 1330, 1490, 1898, 1926
TELFAIR COUNTY
HR 102-230 --Officers ineligible to hold office under certain conditions; amendment to the Constitution--...-..-____..390, 429, 480, 585, 912
TEMPERANCE STUDY COMMITTEE --Interim report --------...____._....__..____.__....--..2245
THARIN, HONORABLE LEWIS S. HR 252 --Sympathy for passing of...------------_------_--____-_._..1582
THOMASTON, CITY OF
HB 274 HB 275
--Election of council ----------------423, 478, 550, 568, 836 --To extend corporate limits ----------423, 478, 550, 568, 836
THOMASVILLE, CITY OF HB 111 --Election of Board of Commissioners.- 272, 309, 377, 495, 677
THOMPSON, M. E.
HR 191-575 --Place marker on Jekyll Island in honor of--------1130, 1237, 1333, 1756, 1972, 1979
TIFT COUNTY HB 366
--Tift County Development Authority; define powers and duties _______-__._--__621, 670, 738, 747, 1339
INDEX
2421
TIFTON, CITY OF
HB 412
HB 414 HB 413
--Commissioner, power to place water pipes and sewer lines in the streets .--_-,,------------------------669, 735, 792, 848
--Minimum age of voting-------------669, 736, 792, 849, 1340 --Salary of Commissioners------------------669, 735, 792, 849
TIMBER HB 541
SR 115 HR 206
HB 445
--Motor Fuel Tax Law; provide refund on gasoline when used for cutting timber....______1020, 1139
--Petition Congress to reject changes in taxation........1904, 2056 --Tax; urge U.S. Government to
resist certain changes.----...___--____--___--..1156, 1245, 1343 --Trespassers; provide for action in trover...--..--...784, 827, 873
TIMING DEVICES HB 201 --Use of by Department of Public Safety.._------------385, 425
TITLES
HB 689 HB 58
--Real estate; defects, clearance...__----------------1693, 1824 --Superior Court Clerks may endorse ----------_---- --... 195, 243
TOBACCO HB 490 SR 25
HR 188
--Cigars and cigarettes; tax imposed shall be upon the person purchasing ._..._----------____ 895, 950
--Commissioner of Agriculture and State Experiment Stations, study adverse effects of MH-30..----------------_-----_-__--------300, 357
--Oppose move to require tagging of certain tobacco _----------_----..------_......... 970, 1150
TOLL BRIDGE AUTHORITY ACT, STATE HB 282 --Change membership .------------------___425, 479, 551, 658, 837
TOMMY REYNOLDS PRODUCTIONS, INC.
HR 153
--Create committee to function as liaison between Governor and Tommy Reyonlds Productions, Inc. ------.----_____.--..---------------- 688, 1698
2422
TORTS HB 445 HB 453
INDEX
--Action in trover; trespassers, timber_._--_____784, 827, 873 --Execution of.----___--______..._.____________786, 828
TOURISTS HR 153
--Movie on tourist attractions; create com mittee to function as liaison between Governor and Tommy Reynolds Productions, Inc.-----------____---------------688, 1698
TRADEMARK REGISTRATION ACT HB 424 --Registration of service marks------.731, 788, 1147, 1312, 1831
TRAFFIC AND TRAFFIC LAWS
HB 573 HB 420
HB 415
--Laws; exclusive jurisdiction by the Department of Public Safety-----------------1130, 1236
--Laws; provide for Board to inquire into abuses and irregularities ----_----------------__--730, 787, 905, 1210, 1828
--Violations; no fees in excess of $1.00--------_---- 729, 786
TRAPS
HB 321 HB 613
--Quail; unlawful to trap-----------------.507, 545, 832, 890, 977 --Rabbits; provide for------_____----------.1232, 1327, 1333, 1777
TREASURY, STATE HR 281 --Appreciation to ------------------------------------____.._--.2026
TRESPASSERS
HB 428 HB 445
--Right of contribution where several trespassers are not jointly sued----________732, 789, 875
--Timber; provide for action in trover--------_--784, 827, 873
INDEX
2423
TRIALS (See Courts: Practice and Procedure)
HB 265 HB 563 HB 595 HB 135
--Civil cases; trial at return term ------------------------421, 476, 873, 1214, 1902, 2010
--Criminal; jury shall determine guilt or innocence of accused------------1024, 1142, 1146
--Garnishments; issuance of successive summons before trial .--------------------------1134, 1240
--Motion for new trial, objections raised before trial judge.---,__,-304, 355, 953, 1377, 2049
TROTTERS SHOALS SITE
SR 15
--Savannah River; construction of multipurpose project.--------_------------------235, 313
TROUP COUNTY
HB 343 HB 119
--Civil and Criminal Court; Judge may require sureties on personal appearance bonds .----------541, 628, 677, 692, 909
--Relating to Civil and Criminal Court---..-.------.------301, 352, 397, 496, 678
TROUT, MONTE P. HR 195-580 --Compensate --------------------------.--_----_------1131, 1238
TRUCKS (See Motor Vehicles; Highways)
HB 392
--Prohibit from hauling gravel or stone on highways without protective coverings.----.625, 673, 1332
TRUSTS HB 636
--Income tax; imposition, rate of computation and exemptions ...1321, 1449, 1456, 1633, 2052
TRUST COMPANIES
SB 108 SB 130
--Designation of .----.--------------------------1248, 1249, 1329 --Merger of _------------------------_1574, 1598, 1694, 1826, 2013
TRUSTEES HB 500
--Investment in real estate loans....-- 897, 951, 1028, 1522, 1830
2424
INDEX
TURNER COUNTY
HB 154 HB 598
--Create a one member Com missioner of Roads and Revenues._.347, 373, 432, 497, 678
--Turner County Development Authority; further define and prescribe powers and duties.--.1135, 1241, 1331, 1363, 1706
TYSON, COLONEL ARTHUR W. HR 267 --Commend _,.....__.... .... ..................___._..----------_._ 1888
TYSON, JACK --Appointed Sheriff of House._...._------_--___--.....----__.--..116
u
UNCLAIMED PROPERTY HR 208 --Create committee to study.--.--.--------------1158, 1697, 2016
UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS (See Motor Vehicles, Highways)
HB 420
HB 126 SB 14
--Board to inquire into abuses and irregularities of traffic law enforcement within municipalities ------....----_--..--730, 787, 905, 1210, 1828
--Define "Limited-Access State Highway" .... .____.____ 302, 353, 378, 704, 911
--Provide for inspection of motor vehicles _____----____657, 559, 631, 1028, 1946
UNIFORM AIRPORTS ACT SB 41 --Landing fees, prohibit charges,--_--_----740, 742, 790, 1246
UNIFORM COMMERCIAL CODE
SB 98 HB 515
--Define public sale....-- 915, 949, 1027, 1147, 1316, 1439, 1560, 1608, 1620, 1710
--Effective date; changed.....--....----------..--.947, 1026, 1029
UNIFORM VEHICLE CODE HR 224 --Study by Legislative Counsel------------------1255, 1697, 2015
INDEX
2425
I UNION POINT, CITY OF
5
HB 182 --To provide for the election of Mayor 398, 394, 480, 487, 681
UNITED STATES GOVERNMENT
HR 121-307 --Compensate -------------------------._..--------- 469, 514 HR 120-307 --Relative to sovereignty of ._,,.,,----_ 469, 514, 903, 1499, 1501
UNIVERSITY SYSTEM OF GEORGIA
HB 161
HR 239
HR 261 HB 431
--Additional method of appeal by aggrieved faculty member------.---------------- 350, 375
--Committee on; further studies of educational problems----------.._.--------------1464, 1698
--Relative to Agricultural-Engineering Building.--------...1815 --Tangible personal property,
exempt sales tax ------.--------_. 782, 825, 1032, 1415, 1828
UNWED PARENTS HB 106 --Underage; may contract for marriage .--------270, 307, 953
UPSON COUNTY HB 574 --Small Claims Court, establish 1130, 1236, 1331, 1359, 1704
URBAN REDEVELOPMENT LAW
HB 252 HB 666
--Define "slum area" ...... ..... 418, 474, 633, 718, 1034, 1054 --Suspension of certain requirements
when designated disaster area ....--....,,.----,, 1445, 1549
URBAN RENEWAL
HR 31-47 --Create interim committee to study ............ 187, 201, 1698 HB 640 --Purpose for which levied and collected ....... 1322, 1450, 1490
VAGRANCY HB 309
V
--Penalty ---------------_......__.-----.._.-----------------. 469, 515
VALDOSTA HIGH SCHOOL HR 242 --Commend --------. ----......... --__--_... _--------------..._...--_ 1466
2426
INDEX
VALDOSTA STATE COLLEGE HR 212 --Commend on 50th Anniversary------___--.------1161, 1335
VALDOSTA, CITY OP
HB 678 HB 677
--Board of Education, designation of posts --------------------1447, 1551, 1696, 1716, 2048
--Elections --------------------------1447, 1551, 1696, 1715, 2048
VANDIVER, S. ERNEST
HR 177-499 --Designate Georgia Mental Health Center as "S. Ernest Vandiver Mental Health Center"..---------------------897, 951, 951, 1245, 1406
--Vandiver, S. Ernest Governor (Ex. Sess.) --Proclamation by..-----------------------------------------6, 19
VEHICLE EQUIPMENT SAFETY COMPACT HB 599 --State of Georgia shall be a party to------------------1135, 1241
VEHICLE SAFETY COMMISSION HB 599 --Provide for designation of Georgia member--------1135, 1241
VENDING MACHINES
HB 487
--Punishment for stealing or forcibly opening in Railroad Cars, etc-----------867, 900, 1029, 1685
VETERANS
HR 276 HB 61 HB 565 HB 304
--Congratulations to American Legion----------------2022, 2055 --Disabled; parking -------------------- .--------195, 243, 791 --Disabled; provide free parking, State Parks--------1024, 1143 --Disabled; issuance of license tags .----.----------468, 514, 903
VETERANS HOME AT MILLEDGEVILLE
HB 291
--Funds appropriated to Department of Public Health ....... --------------------------__-465, 511
INDEX
2427
I VIENNA, CITY OF
HB 357
--Assessment of ad valorem tax on all classes of property_.____.___543, 630, 677, 693, 909
VITAL STATISTICS LAW HB 178 --Amend .__._.._-_.__..__._____--.______.______._..__.-____-.__-._-_..--._.367, 393
VOTING--VOTERS (See Elections)
SB 124 HB 73 HB 401 HB 153 HB 547 HB 449
HB 463 HB 144 HB 686 SB 40 HB 246 HB 418
HB 117 HB 687
--Allow State employees sufficient time off to vote.------.--.---~--1459, 1462, 1552, 1897
--Ballots prepared so voters may check persons for whom they desire to vote..__ 236, 272, 873, 1306
--By mail; mailing privileges of military personnel.----------~----------.....--667, 734, 1147
--Complete revision relating to qualifications _------._----_----.----_347, 373, 432, 503, 913
--Define "resident" --...._----_-._-.--...------.-_----1021, 1140
--Election managers, clerks, etc.; unlawful to serve in any capacity if person has served two separate sentences for violation of criminal laws against the United States--------------785, 828, 1547, 1557, 1641, 2051
--Eliminate use of tally sheets.......____----_--._------ 822, 870 --Machines; provide for use .........__._.._.-_....345, 372, 1031, 1420
--Minimum limits, solicitation at polling places---- -.1548, 1693 --Poll workers, wearing
of badges .........._-..__..____... 636, 637, 674, 875, 937, 955, 1873
--Provide for registration other than office of registrars--....-417, 473, 564, 634, 703, 1150
--Qualification fee fixed and posted ten days prior to special election --.----------_......-.730, 787, 1334, 1503, 2050
--Require a majority of votes cast........_.........301, 352, 549, 645
--State Election Board; create.--..--..----..........--...-.-. 1548, 1694
VOTERS' REGISTRATION ACT
HB 17
--Registrars; retain civil service status .----------.----------.._ 162, 190, 549, 641, 905
2428
WAGES HB 207 HB 505
INDEX
w
--State construction projects; prevaling wages .--_._--_ 386, 426 --State Employees Minimum Wage
Bill; establish----..--_-...-_._-_...-...-..-. .-.898, 952, 1354
WAINER CONSTRUCTION COMPANY HR 28-47 --Compensate __................ .... .......__._.___..186, 201, 902, 992, 1460
WALKER, REV. CHARLES 0. --Prayer by--Jasper (Pickens Co.) Ga..~.-~-----_._....~415, 462
WALTON, BENJAMIN HR 179-509 --Compensate ......._.._.-.-....._.._.. __..............__... 946, 1025
WALTON COUNTY
HB 673
--Tax equalization program, employ persons to conduct ..... 1446, 1550, 1696, 1714, 2047
WARE COUNTY
HB 363 HB 520 HB 68
--Board of Commissioners of Roads and Revenues, create ._._____...-..__._.._.544, 630, 677, 694, 914
--Board of Commissioners of Roads and Revenues, create ...... ,_.......1016, 1136, 1331, 1355, 1700
--Create office of Tax Commissioner.... 197, 244, 738, 753, 1687
WARM AIR HEATING CONTRACTORS
SB 28
--Board of Examiners; additional members .__....-...-..-_..-_.--.-_..---.1151, 1152, 1241, 1826
WARM SPRINGS, CITY OF
HB 183
--To change the amount of ad valorem tax ........._................._.._......368, 394, 480, 488, 681
WARRANTIES
HB 651
--New personal property sold directly to ultimate consumer or through dealer....-...,-......... 1324, 1451
INDEX
2429
WARREN COUNTY
f
HB 350 --Clerk of the Superior Court, salary._._542, 629, 677, 692, 1338
HB 351 --Salary of Ordinary ----------__.._.__---- 542, 629, 677, 693, 1338
HB 349 --Sheriff of the Superior Court, salary--542, 629, 738, 756, 909
WATERFOWL HB 512
--Agreements between Georgia and bordering States __...,,__--...____--._._.947, 1025, 1333, 1532
WATER POLLUTION COMMITTEE --Interim Report _.-.____.____.----------..___.__-..-.__..._.....__ 2249
WAYCROSS, CITY OP HB 67 --Change corporate limits ._,,....-.._____196, 244, 311, 337, 555
WAYCROSS JUDICIAL CIRCUIT HB 369 --Change terms-----_._-..----------_----621, 670, 831, 850, 1339
WAYNE COUNTY
HB 461
HB 91 HB 89
HB 90
--Board of Commissioners of Roads and Revenues, compensation of members --.821, 870, 904, 919, 1707, 1841
--Compensation of Sheriff _.____._..,,___240, 276, 311, 341, 552 --Commissioner of Roads and
Revenues, clerk appointed by county administrator ____________,239, 275, 311, 340, 552 --Create Jesup-Wayne County Airport Authority --_--.._..______.239, 275, 311, 340, 552
WAYNESBORO, CITY OP HB 436 --City Court, salary of Stenographer--783, 826, 874, 882, 1340
WEAPONS HB 622
--Firearms; regulate sale, less than 15" in length --------.------.1233, 1246, 1328, 1775, 2052
WEBSTER COUNTY
HB 575
--Compensation and traveling expenses of Sheriff _.._.___....1130, 1236, 1331, 1359, 1704
2430
INDEX
WEIGHTS AND MEASURES
HB 365
--Moisture testing equipment; standards ..-..__.____621, 670, 791, 925, 1183, 1898, 1935
WELFARE REORGANIZATION ACT OF 1937
HB 562
--Provide for appointment of new county board of Family and Children Services in each county ___--_----..___ ..........1023, 1142, 1456, 1639, 1901, 1991
WELFARE DEPARTMENT
HB 5 HB 158
--Create Dept. of Youth ..............159, 187, 905, 1082, 1462, 1592 --County Welfare Departments;
participate in State employees health insurance plan ._._.--.._......_...-_._......___..._....349, 375
WEST, W. L., SR. HR 39-77 --Compensate ._____.____.--. ......237, 273, 1242, 1388, 1900
WESTERN & ATLANTIC RAILROAD
HR 32-68 --Conveyance of State property in the City of Atlanta......--._-..---.-.--..__..-.--.--197, 244, 278
WESTERN & ATLANTIC RAILROAD COMMISSION HB 128 --Change composition ......_...._-- .....__--__........ __._.____.--..__.. 302, 354
WESTMORELAND, HONORABLE DOUGLAS HR 141 --Sympathy for passing of.......--..__,,............................._.._._637
WEST POINT, CITY OF
HB 353
--Provide for a Board of City Registrars ........._............_.._...................543, 629, 677, 693, 909
WHOLESALE FISH DEALERS HB 499 --Increase license ._.....__................... _..--_--._.--._.___..........897, 951
WHITE, HONORABLE CLEVELAND M. HR 232 --Sympathy for passing of ....,,......_..................... .................. .1350
INDEX
2431
WHITE COUNTY
HR 235-675 --Transfer of certain real proeprty.._.__....__.,,..__..,,,,--,,.__1447 HE 85-157 --Election of members of
Board of Education, amendment to the Constitution----349, 375, 550, 581, 912
WHITFIELD COUNTY
HR 139-395 --Compensation to Mr. Fred Kimsey through Commissioner of Roads and Revenues _.,,.___._------..-626, 674, 796, 1244
HB 456 --Photographic recording equip ment used in recording records of the Ordinary ----------.820, 869, 1555, 1711, 2040
WIFE
HR 154-427 --Not responsible for husband's debts; amendment to the Constitution--__----__----.732, 789, 1029
SB 116 --Transfer of real estate------------.1033, 1036, 1144, 1245, 1998
WILBY-KINCEY THEATRES HR 277 --Appreciation to _-.-...--------..___...-....--------.------2024
WILKES COUNTY
HB 484 HB 483
--Create office of Tax Commissioner..... 866, 899, 953, 961, 1335 --Salary of Sheriff ---- --.-- ---_- 866, 899, 953, 962, 1334
WILLS HB 425
--Estates; probate in common form.-.--------------... --...731, 788
WINDER HIGH SCHOOL HR 253 --Commend certain students--...------.----..--___._.______ 1583
WITHERS, REV. HAROLD B. --Prayer by--Ft. Valley, Ga------_--------_--------_____------1014
WOODBURY, CITY OF
HB 134
--Relating to ad valorem tax upon all property.--...----.--------304, 355, 398, 496, 678
2432
INDEX
WOODRUFF FAMILY HR 272 --Appreciation to ----..... --__--_----.__------__--______..__------1892
WOODSTOCK, CITY OF HB 20 --Sales of water outside city--.---------- 162, 190, 202, 205, 554
WORKMEN'S COMPENSATION
SB 31 HB 672
HB 388 HB 671
--Amend ....._._.._.....----------1247, 1249, 1330, 1695, 1876, 1904 --Code Title 114 shall not apply to
certain employers ----------------------..--,,----......--.1446, 1550 --Computation and payment by employers ...__.._._--..--.625, 673 --Return of bonds to self-insurers .--..----,,.------_..1446, 1550
WORLD'S FAIR IN ATLANTA HR 251 --Committee to study.........................................__....._...1580, 1832
WORTH COUNTY HB 228 --Small Claims Court; create.--__......390, 429, 791, 846, 1337
Y
YEAR'S SUPPORT
HB 568
--Application requires full name and legal residence of deceased ..-..___.._.._--........ 1129, 1236
YEARWOOD, JOHN E. HR 254 --Student at Barrow High School, Winder; commend.._.....1583
YOUNG HARRIS, CITY OF SB 159 --Council members ........ ..-1708,1721,1825,1897,1905
YOUTH, DEPARTMENT OF HB 5 --Create .... ............... ........ 159,187,905,1082,1462,1592
YOUTH STUDY COMMITTEE --Interim report .. ...
--------._------------__--.----.---- .2251
HB 1 HB 2
HB 3 HB 4
HB 5 HB 6 HB 7
HB 8
HB 9
HB 10
HB 11
HB 12 HB 13 HB 14 HB 15 HB 16
HB 17 HB 18
HB 19
HB 20
HB 21
HB 22
HB 23
HB 24
HB 25
HB 26
INDEX
2433
Part II
HOUSE BILLS
NUMERICAL TABULATION
--State Highway Board, create .----------158, 187, 192, 206, 299, 327 --Income tax, file estimate, certain
corporations _.._.__--...------------...------158, 187, 203, 252, 398 --Sales tax, define machinery _______------_._.._...,158, 187, 202, 220, 299 --Sales Use Tax, exempt sale of
certain machinery ._..._--------------------159, 187, 202, 222, 299 --Department of Youth, create --------159, 187, 905, 1082, 1462, 1592 --Property, disposition by banks ----------------------.-_.___._..159, 188 --Loans to counties, property
evaluation _..--------_----------------159, 188, 278, 281, 1150, 1596 --State Office Building Authority;
revenue bonds ._._--..------_---------------- 159, 188, 191, 228, 431 --Governor's personal staff, Assistant
Adjutant General; requirements ----------.159, 188, 191, 218, 297 --Motor vehicles, change
speed limit --------------.------ 160, 189, 245, 261, 431, 436, 437 --Chattooga County, salary of Clerk
of Superior Court .------.------------_._----.......161, 189, 202, 203 --Chattooga County, salary of Ordinary..----------. 161, 189, 202, 203 --Chattooga County, salary of Tax Collector.----__161, 189, 202, 204 --Chattooga County, salary of Tax Receiver.-.--_161, 189, 202, 204 --Chattooga County, salary of sheriff.-------------- 161, 189, 202, 204 --Chattooga County, compensation
of Commissioners of Roads and Revenues --__161, 189, 202, 204 --Registrars, retain civil service status ._..____ 162, 190, 549, 641, 905 --Small Claims Court, garnishments,
executions .....__----_.__........____ _....__._--------....162, 190, 245, 334, 555 --Moultrie, City of; millage rate,
school purposes ----------------___---------- 162, 190, 202, 205, 555 --Woodstock, City of; sales of
water outside city __......____...---------- ._,,____162, 190, 202, 205, 554 --Canton, City of; increase
corporate limits ... ---- ..----........_----...---- 162, 190, 202, 205, 554 --Canton, City of; increase
corporate limits _______......_--_--____----_..__... 162, 190, 202, 206, 554 --Montezuma, City of; create
new charter ._.------._........ ..........----163, 190, 312, 333, 559, 617 --Industrial Development Authority;
create in each county, city______.........----..163, 191, 739, 984, 1460 --Atlanta, City of; sale of personal
property ._-.-.--__._...--__.._--__--____---_____182, 198, 311, 334, 554 --Atlanta, City of; water mains
in East Point...-.--------------..----183, 198, 311, 334, 344, 554
2434
HB 27
HB 28
HB 29
HB 30
HB 31
HB 32
HB 33
HB 34 HB 35
HB 36 HB 37
HB 38 HB 39
HB 40
HB 41 HB 42 HB 43 HB 44 HB 45 HB 46
HB 47
HB 48
HB 49 HB 50 HB 51 HB 52
HB 53 HB 54
HB 55
INDEX
--Atlanta, City of; sewers through public property .----------..----.---- 183, 198, 311, 335, 344, 554
--Atlanta, City of; refund of pension contributions --------.------183, 198, 312, 358, 833
--Atlanta, City of; pensions for fire department ._----------__------.----183, 198, 312, 359, 833
--Atlanta, City of; pensions for police department------------_-----.-- 183, 199, 312, 359, 833
--Atlanta, City of; relating to Treasurer ----------------.----.183, 199, 312, 314, 359, 833
--Atlanta, City of; relating to pensions for fire department------------.183, 199, 312, 360, 833
--Atlanta, City of; relating to pensions for police department-......-----184, 199, 312, 360, 833
--Atlanta, City of; employee's insurance.----184, 199, 311, 335, 555 --State Board of Education; Old Age
and Survivors Insurance ----------------184, 199, 549, 641, 1337 --Atlanta, City of; business license ...... 184, 199, 311, 335, 344, 555 --Motor vehicles; contract carriers,
excluded certain laws----------.----184, 199, 245, 294, 297, 636 --Tax Digest; integrated lists ----------.._----------------..--184, 200 --Misdemeanor; may be tried in
Superior Court.----------------------,,..------- 185, 200, 873, 1180 --Capital punishment; exclude
under 21 years of age.............. 185, 200, 397, 519, 916, 966, 1049, 1151, 1197, 1598, 1601
--Garnishment; certain officials--__--_-------- --...---- 185, 200, 676 --Highway Board; expenditure of funds... 185, 200, 1243, 1609, 2049 --Banks; punishment for robbery----..-------...------.185, 200, 432 --Livestock dealers; record names----.------185, 200, 310, 361, 464 --Motor vehicle licenses; transporting of logs---- 186, 200, 245, 263 --Calhoun County; change terms
of Superior Court -----------------.--186, 201, 310, 360, 555 --Lowndes County; tax commissioners
shall be ex-officio sheriffs .--------186, 201, 313, 362, 559, 725 --Appropriations Bill ...--187, 201, 737, 796, 817, 854, 858, 1558,
1586, 1709, 1765, 1810, 1834
--Talbot County; election districts.---193, 241, 245, 336, 559, 664
--Floral Designers; create board--_.....____._...__.--....194, 242, 278, 411
--Law; define practice of......__.__........._,,....------------.----------194, 242
--State Board of Registration for Professional Engineers & Sur veyors; per diem expense allowance _......__........._--194, 242, 310, 363, 364, 366, 1169, 1829
--Federal Income Tax; deduct------------....----------------194, 242
--Municipal office holders; residency requirements .......------_.----194, 242, 310, 363, 636
--The Steamship "Savannah" Commission; create _----------------..194, 242, 245, 336, 559, 844
HB 56
HB 57 HB 58 HB 59 HB 60 HB 61 HB 62 HB 63 HB 64
HB 65 HB 66 HB 67
HB 68
HB 69 HB 70
HB 71
HB 72
HB 73
HB 74
HB 75 HB 76
HB 77
HB 78
HB 79
HB 80
HB 81
HB 82
HB 83
HB 84
INDEX
2435
--State Employees' Retirement System; remove certain provisions --------.--------195, 242, 310, 362, 793
--Andrew Female College; term of trustees.------195, 243, 279, 279 --Superior Court Clerks; endorse title transfer..___--.--------195, 243 --Courts, legal process forms; prohibit imitation.-.195, 243, 397, 454 --Insane person; make gifts to minor children._,,,,..____. 195, 243, 549 --Disabled veterans; parking_.___------__------------.195, 243, 791 --Crisp County; compensation of coroner--.....196, 243, 245, 336, 555 --Motor vehicle licenses; reduce passenger car fee.----------196, 243 --Budget Bureau; define duties of
State Budget Officer.------------------__196, 244, 396, 459, 741 --Estates; compensation for counsel --------------------------196, 244 --Estates; compensation for extraordinary services----------196, 244 --Waycross, City of; change corporate
limits ------.-------------..--------.---- 196, 244, 311, 337, 555 --Ware County; create office of
Tax Commissioner ----------------------197, 244, 738, 753, 1687 --Malt beverages; determine which may be sold in county.- 197, 245 --Malt beverages; 864 fl. ozs.
evidence of possession ____..--------_.------___ 198, 245, 378, 518 --Fitzgerald, City of; change
corporate limits ___..--------..--.--.----.236, 272, 311, 337, 556 --Fitzgerald and Ben Hill County
Development Authority; create ---------.236, 272, 311, 337, 556 --Elections; ballots prepared so voters
may check person for whom they desire to vote ------------------------------------236, 272, 873, 1306 --Miller County; salary of City Court Judge --------------.----------------236, 273, 311, 337, 553 --Interrogatories, depositions; disposition of------236, 273, 432, 503 --Minimum Foundation Program of Education; calculation of financial ability -_._--..----.--_--..------_----------236, 273, 377, 401, 682 --Motor Vehicle Certificate of Title Act; registration in another state ............ 237, 273, 481, 531, 741 --Bartow County; compensation of sheriff's deputies ._.--------_.--------------237, 274, 311, 338, 553 --Bartow County; compensation of Deputy Clerk of Superior Court--------....238, 274, 311, 338, 553 --Bartow County; compensation of Ordinary's clerical help-------------------.238, 274, 311, 338, 553 --Bartow County; Commissioner of Roads and Revenues, compensation of clerical help ----------..----------------------238, 274, 311, 339, 553 --Bartow County; create office of Tax Commissioner ..----------.----..........238, 274, 311, 339, 554 --Bartow County; office equipment, etc. of Sheriff------------------------------238, 274, 311, 339, 552
--Laurens County; compensation of Clerk of Superior Court------------...238, 275, 311, 340, 344, 504
2436 HB 85 HB 86 HB 87 HB 88 HB 89
HB 90 HB 91 HB 92 HB 93 HB 94
HB 95 HB 96 HB 97 HB 98 HB 99 HB 100
HB 101 HB 102 HB 103 HB 104 HB 105 HB 106 HB 107 HB 108 HB 109 HB 110
INDEX
--Municipal boundaries; methods for extending, population of 5,000 or more.------------___-- 239, 275
--Municipal boundaries; methods for extending; population of less than 5,000 .---.------------------------..239, 275
--State Highway Director; provide for negotiation of contracts .____----_ 239, 275, 1028, 1494, 1496, 1562
--Municipalities; standards for incorporating .__--._........____.--...._.------..._ 239, 275, 432, 523, 1706
--Wayne County; Commissioner of Roads and Revenues, clerk appointed by county administrator..----___------239, 275, 311, 340, 552
--Jesup-Wayne County Airport Authority; create .--__..___----...------..__ 239, 275, 311, 340, 552
--Wayne County; compensation of Sheriff^ 240, 276, 311, 341, 552 --Rome Judicial Circuit; supplement
salary of Judge . ..... .......... ..._......--........ 240, 276, 311, 341, 552 --Lord's Prayer; be recited in all common schools.__._.--_----.240, 276 --Brunswick, City of; not affected
certain provisions of ad valorem taxation .._.....-- --..____...--...__.----_----_. 240, 276, 312, 341, 553 --Academic junior college program; establish as part of public school system __------...----_.------__--.. 240, 276 --Bonds of tax collectors and tax commissioners; requirements.------------.241, 276, 313, 361, 551 --Bonds of tax collectors and tax commissioners; amount of bond ....----____----.----._------_--.----._.------_.__-- 241, 277 --Morgan County; compensation of coroner... 241, 277, 312, 342, 552 --Madison, City of; compensation of mayor and aldermen .___.------------------ 241, 277, 312, 342, 552 --Educational television; State Board of Education establish instructional courses ...----------.241, 277, 1145, 1256, 1330, 1490,
1898, 1926
--Cuthbert, City of; amend charter.....------. 269, 307, 397, 483, 906 --Sheriffs; place all sheriffs in State
on salary in lieu of fee basis ..--__..,__------------._--------.269, 307 --State Employees' Retirement System;
full benefits after 35 years of service..__----.........._.--.___ 269, 307 --Barbering and hairdressing; exempt from
certain regulations of State Board of Examiners... 269, 307, 397 --Marriage; relating to persons able
to contract marriage .--.....--.----.--------269, 307, 953, 1075, 1828 --Underage, unwed parents; may
contract for marriage ----.__._.----------------------270, 307, 953 --Ordinaries; provide for closing of
office for two half days per week------ 270, 307, 549, 1121, 1899 --Communist Conspiracy; control and regulate-------------- 271, 308 --Communist propaganda; control and regulate --------------271, 309 --Dublin-Laurens County Development
Authority; create --.--------------.--------271, 309, 677, 688, 906
HB 111 HB 112 HB 113 HB 114 HB 115 HB 116
HB 117 HB 118 HB 119 HB 120 HB 121 HB 122 HB 123 HB 124
HB 125 HB 126
HB 127
HB 128 HB 129 HB 130 HB 131 HB 132
HB 133 HB 134
INDEX
2437
--Thomasville; City of; election of Board of Commissioners --------------__------272, 309, 377, 495, 677
--Pages for General Assembly; excused absences __------------------------.272, 309, 548, 701, 876
--North Atlanta, City of; provide for grant of a legislative charter-...-----__......__------_. ....272, 310
--Intangible Property Tax Act; short-term notes secured by real estate ....._--__------_---------..._--_.300, 352
--Intangible Property Tax Act; change meaning of "long-term" and "short-term" notes..--------------.300, 352
--Flowery Branch, City of; name changed from "Town of Flowery Branch" _--_------------_--------------_.....-300, 352, 397, 495, 678
--Elections; to require a majority of votes cast--.301, 352, 549, 645 --Calhoun, City of; to organize
the municipal government ----------..._.----301, 352, 397, 495, 678 --Troup County; relating to Civil
and Criminal Court--.__._..---..___..._..301, 352, 397, 496, 678 --Georgia Public Service Commission;
redefine authority relating to "motor carriers"--------301, 352 --Motor common carriers; redefine "for hire"--------301, 353, 792 --Motor carriers; define "for hire"....----.....-----.---- ......301, 353, 792 --Motor carriers; regulation by governing
authorities of municipalities.-------------------------..----302, 353 --Small Claims Court; certain counties;
to provide for notice by certified mail ------------------.------------------.302, 353, 1455, 1489, 2049 --Department of Public Safety; uniform division, exclusive jurisdiction---..-- 302, 353, 378, 518 --Uniform Act Regulating Traffic on Highways; define "LimitedAccess" State Highway _----------.------_302, 353, 378, 704, 911 --Property of company or political subdivision; utility facilities unlawful to injure --------------.302, 353, 676, 1659, 1692, 1760
--Western & Atlantic Railroad Commission; change composition ...---- .--....__--------.....----.....--....302, 354
--Fiduciaries; prescribe type of invest ments permitted to make .----------------....303, 354, 1029, 1057
--Right to Work; no infringement based on age of employee ....--------.--.--.----------------.------.303, 354
--State Literature Commission; to provide for declaratory relief ._----___.--___.----------__--------.303, 354
--Obscene publications; unlawful to sell, possess, etc. 303, 354, 397, 456, 1033, 1051, 1248, 1252, 1598, 1599, 1623, 1709
--Banks; relating to limit of loans...--------......--------.----------304, 355
--Woodbury, City of; relating to ad valorem tax upon all property----------304, 355, 398, 496, 678
2438 HB 135 HB 136 HB 137 HB 138 HB 139 HB 140
HB 141 HB 142
HB 143 HB 144 HB 145
HB 146 HB 147 HB 148
HB 149 HB 150 HB 151 HB 152 HB 153 HB 154
HB 155 HB 156
HB 157
INDEX
--Trials, motion for new trial, objections raised before trial judge _--------__.----.. 304, 355, 953, 1377, 2049
--Atlanta, City of; relating to pensions of Police Department.__------._------_..._-__304, 355, 677, 695, 906
--Atlanta, City of; enlarge corporate limits _.--------------------------..304, 355, 480, 485, 678
--Enigma, Town of; new charter.--.--.305, 356, 397, 484, 841, 844 --Teachers' Retirement System; credit
for prior service.--------------------305, 356, 902, 1171, 1828 --State political subdivisions; place
under old-age and survivors insurance provisions ----___.._--_______._344, 371, 1242, 1616, 2049 --State Employees' Retirement System; judges and court employees to become members----.--- 345, 371 --Day Care Centers; Department of Public Health; standards for care of mentally retarded __...----_.__....._...__...._.._.... 345, 371, 548, 607, 1248 --Savannah, City of; extend corporate limits --..__.__--_____.....____.345, 372, 432, 496, 1457, 1844 --Voting machines; provide for use ___._--__----____ 345, 372, 1031, 1420 --State Employees Retirement System; employment of agents for advisory and investment purposes..____.............345, 372, 397, 443, 794, 1982 --Peace Officers' Annuity and Benefit Fund; to provide for investments-...--.... 345, 372, 397, 445, 793 --Georgia Real Estate Investment Board; create _--.------_--__..----.--------..346, 372, 397, 441, 682 --Clerks of the Superior Court; retirement benefits, provide for investments ___________________________ .346, 372, 397, 446, 833 --Teachers retirement; authorize employ
ment of advisory agents -.--..346, 372, 397, 449, 794, 1984 --Ordinaries' retirement; authorize
employment of advisory agents.__._--.--....346, 373, 397, 450, 793 --Georgia Firemen's Pension Fund; to
provide for investments ----..------.---- 346, 373, 397, 452, 793 --County Boards of Education; authorized
to insure teachers and employees ---.-....346, 373, 397, 504, 794 --Voters; complete revision relating
to qualifications ........ ....... 347, 373, 432, 503, 913 --Turner County; to create a one
member Commissioner of Roads and Revenues ______----------___-- ____.__------ 347, 373, 432, 497, 678 --State employees; authorize deduction of payments to credit unions.-----._------.--__----347, 373, 873 --State employees; relating to payment of wages due deceased employees ....------.347, 373, 397, 519, 603, 1034, 1047
--Public utilities; provide for notice of excavation of a public way-..........----347, 374, 633, 707, 777
HB 158
HB 159 HB 160 HB 161 HB 162 HB 163 HB 164 HB 165 HB 166 HB 167
HB 168
HB 169 HB 170 HB 171 HB 172 HB 173 HB 174
HB 175
HB 176
HB 177 HB 178 HB 179 HB 180
INDEX
2439
--State employees health insurance plan; authorize participation of County Welfare Departments _......---- __.__--------.__.------.-. 349, 375
Hart County; relating to compensation of assistant Tax Commissioner .-------- 349, 375, 432, 497, 680
--Northern Judicial Circuit; provide a salary for the official court reporter..----.._...350, 375, 480, 486, 1248
--University System of Georgia; additional method of appeal by aggrieved faculty member--..._...___350, 375
---Public Health; new code -- .....----........_------...... 350, 376, 903, 1365 --State institutions; cost of care of
persons admitted or committed ------------ ..... 350, 376, 903, 1365 --Outdoor advertising signs; to
control erection and maintenance ----------.......-- .......351, 376 --St. Andrew's Sound (Camden County);
prohibit crab fishing.....------...------._.._----------.----351, 376, 832 --Kingsland, City of; increase
in ad valorem property taxes ------------_..351, 376, 432, 497, 680 --St. Mary's, City of; empower to borrow
$37,000 from 1st Federal Savings & Loan Association of Brunswick .......351, 377, 432, 497, 680 --St. Mary's, City of; provide mayor and council authority to adopt ordinances ..._..-..------------. ___--------...___.351, 377, 432, 498, 680 --Pinehurst, Town of; new charter..--. .351, 377, 432, 498, 841, 842 --Savannah, City of; Municipal Court, increase civil jurisdiction --.__.------....... 366, 392, 480, 486, 1700 --Savannah, City of; judge of City Court, relating to motions for new trial ----......366, 392, 480, 486, 1337 --Screven County Industrial Development Authority; create----........366, 392, 480, 487, 680 --Motor vehicles; to define term "motor vehicles" ------.--------...- 366, 392, 481, 529, 1034, 1045
--Piedmont Judicial Circuit; change terms of court in Banks County - .366, 392, 831, 849, 1337, 1457, 1588, 1763
--Dentists and dental hygienists; additional qualifications for applicants ---------- _._.___....----__---- ----367, 393, 874, 1005, 1828
--Dental Hygienists; fees paid to Board of Dental Examiners shall not be refundable _.__......--------------........... 367, 393, 874, 1008, 1706
--Municipal grants; provide pur poses for which grants made-. 367, 393, 739, 1117, 1707, 1847
--Vital Statistics Law; amend .--------._--------._._------... .......367, 393
--Liberty County; supplement fees of the Ordinary --------.------------------ ..367, 393, 480, 487, 680
--Liberty County; compensation of County Commissioner ----_..--------_..... 367, 393, 480, 487, 680
2440 HB 181 HB 182 HB 183 HB 184 HB 185 HB 186
HB 187 HB 188
HB 189 HB 190
HB 191 HB 192 HB 193 HB 194
HB 195 HB 196 HB 197 HB 198 HB 199
HB 200
HB 201 HB 202
INDEX
--Rabun County; to provide a
clerk of the Tax Commissioner-..____._______-- 368, 393, 549, 562, 834
--Union Point, City of; to provide
for the election of Mayor._._._.._-. 368, 394, 480, 487, 681
--Warm Springs, City of; to change
the amount of ad valorem tax...--_......-368, 394, 480, 488, 681
--State Employees' Retirement System;
re-establishment of membership--_._-- 368, 394, 903, 1222, 1706
--Dalton, City of; change
corporate liimts --,,----------.--__--.---- 369, 394, 480, 488, 834
--Sales tax; exempt seed, fertilizers,
etc. when used in tilling the soil
or animal husbandry._______._..__...,,.. 369, 394, 433, 525, 794
--Lowndes County; Board of
Education, compensation ..-_..----. 369, 394, 480, 488, 681
--Lowndes County; Board of
Commissioners of Roads and
Revenues; designate positions..----------.369, 395, 480, 489, 681
--Fannin County; supplement salary
of Ordinary __.........._----------_._------...--------. .369, 395, 480, 485
--State Employees' Retirement
System; accumulation of
sufficient creditable service,
involuntary separation ......_...... 370, 395, 551, 648, 914, 920
--Bank stock certificates; provide
for methods of receipt --------.-------370, 395, 675, 767, 1699
--Banks; provide for purchase of
capital stock in bank service corporations ----------370, 395, 675
--Banks; provide for relocation
of main office ....----.------....------....---- 370, 395, 675, 769, 1699
--Banks; relating to stockholders
vote authorizing change in location
of office ..........----------_..------....----_.....-370, 396, 675, 775, 1699
--College Park; relating to
Recorder's Court._.----.._.----.--....___.........371, 396, 738, 746, 906
--Atlanta, City of; to enlarge
corporate limits ..-.-._...._.._..__.........--....___._ 371, 396, 677, 689, 906
--College Park, City of;
relating to the Budget
...... 371, 396, 738, 746, 906
--Atlanta, City of; to change corporate limits .------_...----._...---------- 371, 396, 677, 689, 906
--Communist made products; "Communist Made Products Sold Here", sign required if sold--...........385, 425, 875, 1078, 1153
--Deceased employees' wages; payment of, include board of education and municipal employees .--..-.--.._---._--.-_........_.----385, 425, 954
--Department of Public Safety; empower use of timing devices and radar equipment...----.--~--385, 425
--Georgia Recreation Commission; create-.385, 425, 633, 1386, 1706
HB 203
HB 204 HB 205
HB 206 HB 207
HB 208 HB 209 HB 210
HB 211 HB 212
HB 213 HB 214 HB 215
HB 216 HB 217
HB 218
HB 219
HB 220 HB 221 HB 222
INDEX
2441
--Nicholls, City of; provide two
year term for Mayor and
Aldermen'_..---.--.._ -- .--._-.---.---.---385, 426, 480, 489, 681
--Camilla, City of; number of positions
on the Board of Aldermen_
. 386, 426, 480, 489, 681
--Political subdivisions; power
to issue notes of
indebtedness ......... 386, 426, 675, 765, 767, 795, 796, 1180, 1706
--Lottery; provide for maximum penalty...._......_......._.....386, 426, 549
--Wages, workmen and laborers;
determine prevailing wage rates
on State construction ....... -.-... ......--..- 386, 426
--Mortgages; to provide for additional
method of cancellation .-.-._------.---386, 426, 549, 699, 913
--Georgia Insurance Code of 1960;
amend relating to labor unions ___......... 386, 426, 676, 1195, 1829
--Forest products, Georgia; to
provide for exclusive use
on State construction .._..,,.___.387, 426, 832, 929, 955, 1200, 1699
--Lenox, Town of; empower town
counsel power to lease specific property... 387, 427, 480, 490, 681
--Long County; relating to compensation
of Commissioners of Roads and
Revenues ..................._........................_......-.. 387, 427, 480, 490, 681
--Ludowici, City of; relating
to City Court ................ .................. 387, 427, 480, 490, 1457, 1477
--Long County; compensation of
Sheriff .___._........_..............._.__...............__...___... 387, 427, 480, 491, 678
--Gilmer County; provide for
annual audit of the office of
County Commissioner .....__.......___.. 387, 427, 480, 491, 1335, 1371
--Leesburg, City of; change corporate limits ........_..._..........._........._...._.. 388, 427, 480, 491, 679
--Barber and Beauticians Examiners, State Board of; relating to posting of signs at main entrance ._.__....____.....______--.__.____._.,,.__-____--_ 388, 427
--Clayton Judicial Circuit; relating to compensation of official court reporter ............ _______._..___..._..,____.____388, 427, 480, 492, 679
--Clayton County; Board of Com missioners of Roads and Revenues; compensation of chairman __......____.____.._.. 388, 428, 481, 492, 679
--Clayton County; create office of Tax Commissioner ....._._.__.._........._........ 388, 428, 481, 492, 679
--Clayton County; relating to compensation of sheriff ..._-...__._.._..._........-_. 388, 428, 481, 492, 679
--Clayton Judicial Circuit; Judge and Solicitor-General's office and personnel ............__......._.._...._...___.-...._..__.. 389, 428, 481, 493, 679
2442 HB 223
HB 224
HB 225 HB 226
HB 227 HB 228
HB 229 HB 230 HB 231 HB 232
HB 233
HB 234 HB 235 HB 236
HB 237 HB 238 HB 239 HB 240 HB 241 HB 242
HB 243 HB 244
INDEX
--Solicitor's General Retirement Fund of Georgia; to change qualifications for appointment ---- . .------__----------------------389, 428, 953
--Solicitors' General; health insurance plan for State employees; authorize participation ---- _.-------- 389, 428, 676, 1645, 2050
--Cosmetology; define .----------------------389, 428, 548, 1002, 1247 --Barber and hairdressers; abolish
State Board of Barber and Beauticians Examiners ---- 389, 428, 548, 617, 979, 1247, 1366 --Open-end clauses; provide method whereby open instruments may be closed-----------------389, 429 --Small Claims Court; establish, certain counties, population not less than 15,900, not more than 16,700 -_---------------------------390, 429, 791, 846, 1337 --Boston, City of; election of Clerk and Treasurer . ...------ ----_._----..390, 429, 481, 493, 679 --Boston, City of; change in the election of Marshal _---------------------- 390, 429, 481, 493, 682 --McRae, City of; amend charter ------.---- 391, 429, 481, 494, 682 --Clinch County; compensation of Clerk of the Board of Commissioners of Roads and Revenues .-.------------------391, 430, 481, 494, 682 --Small Claims Court; establish, certain counties, population not less than 15,230, not more than 15,825 ------..391, 430, 549, 562, 834 --Bainbridge; City of; employees retirement system; age limit ----------.391, 430, 481, 494, 682 --Court of Record; authorize Judge to allow counsel fees, certain cases------------391, 430, 432, 609 --Atlanta, City of; pensions to officers and employees, refunds in case of death ----...-------------------------_.391, 430, 677, 689, 907 --Atlanta, City of; relating to annual reports ..------ --....--------_---- 392, 430, 677, 690, 907
--Crime Investigating Commission; create-------------------- 392, 430
--Lyons, City of; election of councilmen and mayor by majority vote --------.416, 472, 549, 562, 834
--Lyons, City of; change corporate limits .-.416, 472, 549, 562, 834
--Louisville, City of; expand and define corporate limits ..------------------.416, 472, 954, 963, 1337
--Avera, Town of; provide for mayor and 5 councilmen in lieu of board of aldermen .___----------------416, 473, 549, 563, 1337
--Bacon County; provide for dividing into commission districts --_____---------- 417, 473, 549, 563, 834
--Cobb County Planning Department; to provide for a planning engineer------. 417, 473, 549, 564, 834
HB 245 HB 246 HB 247
HB 248 HB 249 HB 250 HB 251 HB 252 HB 253 HB 254
HB 255
HB 256 HB 257 HB 258 HB 259
HB 260 HB 261 HB 262
HB 263 HB 264 HB 265 HB 266
INDEX
2443
--Savannah, City of; mayor shall be only ex-officio member of Armstrong Junior College.----.._------------417, 473
--Voters; to provide for registration other than office of registrars---417, 473, 564, 634, 703, 1150
--Insurance; insurer, settle ment as independent contractor ____----..----..--417, 473, 1029, 1428, 1899, 1928, 1942, 1949, 1975, 2000
--Recreation systems; appropriation of funds submitted to voters..--_417, 473, 676, 1173, 1281, 1829
--Colquitt, City of; eligibility of candidate for Mayor ___..--_--.__----...____....418, 473, 549, 564, 834
--Clayton County; relating to compensation of Ordinary --..__----...__.......418, 474, 549, 565, 835
--Adoption; consent of non-supporting father not necessary __..--_._.___--------.______..___.418, 474, 634, 642
--Urban Redevelopment Law; define "slum area" .----....--------418, 474, 633, 718, 1034, 1054
--Athens, City of; quorum for transaction of business before City Council.__.--....._._.__418, 474, 549, 565, 835
--County Boards of Education; to authorize payment of traveling expenses __-__.--------__----______--__-__--418, 474, 548, 707, 876
--Columbus, City of; provide pension system for retired officers and employees --__------.....------.._--------..419, 475, 1030, 1057, 1458
--Insurance, self; limit amounts and coverages --_._._._--....______......____--.--__._--_419, 475, 550, 565, 835
--Columbus, City of; establish pension for disabled employees --------._-.._. 419, 475, 1030, 1057, 1458
--Columbus, City of; title to certain tract of land--_---.----_--.---- .__419, 475, 550, 566, 1150
--National System of Interstate and Defense Highways; shall constitute State-aid roads .......____....._._.....__._......._._.__... 420, 475, 548, 612, 876
--Evans County; relating to compensation of the Ordinary.----..----.420, 475, 550, 566, 835
--College Park, City of; relating to the salary of the Mayor...--.........----..420, 475, 738, 747, 907
--Coweta County; relating to com pensation of Sheriff, Ordinary and Clerk of the Superior Court--..----.420, 475, 633, 641, 697, 876
--Coweta County; to change the clerical ex pense authorized for office of Ordinary ..420, 476, 550, 566, 835
--Newnan, City of; relating to compen sation of Mayor and Board of Aldermen --420, 476, 550, 567, 835
--Trials; civil cases at return term.. 421, 476, 873, 1214, 1902, 2010
--Penal institutions; jurisdiction of United States Government.____.......__--.__.----421, 476, 634, 1828
2444 HB 267 HB 268 HB 269
HB 270 HB 271
HB 272 HB 273 HB 274 HB 275 HB 276 HB 277 HB 278 HB 279 HB 280 HB 281
HB 282 HB 283 HB 284 HB 285 HB 286
HB 287
HB 288
INDEX
--Income tax; depreciation allowance for small business firms ---------- ...------------------..---- . 421, 476
--Atlanta Judicial Circuit; selection and removal of Chief Judge------422, 477, 550, 567, 1829
--Doboy Sound and Altamaha Sound; close for taking of crab and shrimp with a net other than a cast net --------422, 477, 831, 941, 1829
--State Board of Education; authorized to create a driver education program--------422, 477, 1332, 1907
--Department of Public Safety; driver's licenses to persons under 18 years of age ------------------ .423, 477, 1332, 1907
--Department of Public Safety; to change fees for driver's licenses -___....--------_____.----.423, 478, 1332, 1907
--Oglethorpe, City of; compensation of the Judge of the City Court ___........423, 478, 550, 567, 836
--Thomaston, City of; election of council...--423, 478, 550, 568, 836 --Thomaston, City of; to extend
corporate limits ._.....__------ .---------- 423, 478, 550, 568, 836 --Brunswick, City of; compensation
of the Solicitor of the City Court ------...424, 478, 738, 755, 907
--Glynn County; to establish salary system for Coroner -_......------.----------424, 478, 738, 754, 907
--Chamblee, City of; rate of sanitary taxes authorized to be levied-- ----------424, 478, 550, 568, 836
--Eminent domain; State Highway Department ----------.------._...----_.------.... 424, 479, 548, 611, 836
--Georgia Rural Roads Authority Act; change membership _------------__.._------..424, 479, 551, 654, 836
--State Highway Board; Director shall not constitute the Georgia State Highway Authority----.----.------_----424, 479, 551, 656, 836
--State Toll Bridge Authority Act; change membership ------------...............425, 479, 551, 658, 837
--Georgia State Highway Authority Act; change membership .......... .,,..__.....----.425, 479, 551, 660, 837
--Newton County; compensation of Sheriff ---------- ------------------ 464, 510, 550, 569, 914, 968
--Newton County; create office of Tax Commissioner -------------------._- 465, 511, 550, 569, 837
--Cherokee County; compensation of Sheriff, Clerk of Superior Court, Tax Commissioner and Ordinary--_______ 465, 511, 550, 569, 837
--Candler County; Board of Roads and Revenue Commissioners; compensation of clerk . _..---- ................465, 511, 550, 570, 837
--Telephone; prohibit use of certain language .................. .............. 465, 511, 953, 1277, 1829
HB 289 | ',
HB 290
HB 291
HB 292
HB 293 HB 294
HB 295 HB 296
HB 297
HB 298 HB 299
HB 300
HB 301
HB 302
HB 303
HB 304 HB 305
HB 306 HB 307 HB 308
HB 309 HB 310 HB 311 HB 312 HB 313
HB 314 HB 315
HB 316 HB 317 HB 318
INDEX
2445
--State Board of Medical Examiners; provide for appointment from each congressional district _,,_,,----_,,------ 465, 511, 548, 614, 913
--Securities; sale of, redefine the word "salesman" ------------------ 465, 511, 675, 931, 1829
--Veterans Home at Milledgeville; funds appropriated to Department of Public Health_________________465, 511
--Burke County Development Authority; create _..----_----._...._.._._.._..----..____._-_._.466, 511, 550, 570, 837
--Sylvester, City of; extend city limits..________ 466, 512, 550, 570, 837 --County planning and zoning commis
sion and county board of zoning appeals; certain counties, popu lation between 108,000 and 112,000 ...... 466, 512, 550, 570, 1337 --Sylvester, City of; enlarge city limits .... - 466, 512, 550, 571, 837 --Motor common carriers; non-resident shall maintain agent for lawful processes ...__.......___........ 467, 512 --Motor common carriers; Georgia Public Service Commission, grant temporary authority .______.._._ 467, 513 --Motor carriers; provide for regulation----.--_------.-_----- 467, 513 --Motor common carriers; renewal certificates of Public Convenience and Necessity ... ________________._____..__..467, 513 --Motor carriers; non-resident shall maintain agent for lawful processes ._______..__.._____...___._______. 468, 513 --Motor Carriers; Public Service Commission fix rates, etc. _......._-._--_____.....___._.. ____...__-_.. 468, 513 --Thomas County; Small Claims Court _....___..___...._ 468, 513, 902, 1155, 1941, 2013, 2040 --Fulton County; pensions for employees ._.......__..__.__.... _._.__...____._._... 468, 513, 550, 571, 841, 845 --Veterans, Disabled; auto license __..._.___...___._.__________._.468, 514, 903 --Depositions & Discovery; methods of service, etc. .._.----...__.___.______._ 468, 514, 634, 662, 1461, 1473 --Divorce; insane persons.- _..__.___._.468, 514, 549, 720, 1833, 1852 --Educational Grants; Grand Jury to determine .____--_.___--.469, 514 --Traffic on Highways, Uniform Act Regulating; amend punishment for violations __...__,,__.____. .-----469, 514 --Vagrancy; crime of; amend act providing punishment-- 469, 515 --Abandonment, Child; amend act providing punishment _.___ 469, 515 --Attorney General, State; appoint all assistants--_.._--_.... 470, 515 --Apartment Ownership Act; create ._ 470, 515, 634, 652, 1458, 1472 --State Property; grant funds to counties for--._.._----- _._,,_--____.-_._....___ 470, 515, 634, 1185, 1558 --Colquitt County; Small Claims Court--_.....___.--470, 515, 902, 1056 --Supreme Court; Administration of State Bar of Georgia._______----_----_____--_-.___--____--______--470, 515 --Comptroller General; compensation of----470, 516, 547, 650, 876 --Justices of Peace, Notaries Public; retirement for ...------471, 516
--Fulton County; teachers, employees; retirement system ..----__.--.._._._--_.. 471, 505, 516, 550, 571, 838
2446
HB 319 HB 320 HB 321 HB 322 HB 323 HB 324 HB 325 HB 326 HB 327 HB 328 HB 329 HB 330 HB 331 HB 332 HB 333 HB 334 HB 335 HB 336 HB 337 HB 338 HB 339 HB 340 HB 341 HB 342 HB 343
HB 344 HB 345
HB 346
INDEX
--Fulton County; employees retirement system _----.-__----____----_.----.471, 505, 516, 550, 572, 841, 1373
--Tax, Motor Fuel Refund; repeal act boating vehicles ----.--.507, 544, 634, 722, 1155, 1434, 1830
--Quail, trapping of; permit to ..... ._.._..... 507, 545, 832, 890, 977 --Foresters, State Board of; powers and duties--------------507, 545 --Medical Care Programs; county
participation ,,----.----------__..------.507, 545, 1028, 1202, 1830 --Aid to Disabled Act; relieve
Counties participation-___----____ 507, 545, 1028, 1204, 1830 --Public Assistance Program;
define assistance ------___------_------.507, 545, 1027, 1206, 1830 --Aid to Dependent Children
Act; definition ---....-- ._..-......-- _.-__.. 508, 545, 1028, 1208, 1830 --Georgia Factory for Blind;
observe holidays .......__....__._.,,.,----..__... 508, 546, 875, 1115, 1558 --Lowndes County; registration of voters .508, 546, 633, 697, 1337 --Cherokee County; compensation
Commissioners' Clerk __......________--... 508, 546, 633, 698, 907 --Bar Examinations; Justices
Supreme Court fix dates ...----._.._._---- 509, 546, 873, 927, 1460 --Malt beverages; 864 fluid ozs. prima facie
evidence of possession --..__----_--__----------.509, 546, 551, 1080 --Malt beverages; determine whether or
not shall be sold in a county ____________________ 509, 547, 551 --Bleckley County; create office of
Tax Commissioner ......__............. 510, 547, 633, 744, 907 --Bleckley County; compensation
of Ordinary _.----_____----..----_____----510, 547, 633, 698, 908, 1763 --Bleckley County; compensation of Commissioner
of Roads and Revenues .----___.._--__--..----510, 547, 633, 698, 908 --Douglas County; cash allowance for Sheriff... ...540, 627, 677, 690 --Douglasville, City of; date of election
for Mayor and members of Council.--..--.540, 627, 677, 690, 908 --Douglas County; specific
recommendation--...----.--..--..._......--.. 540, 627, 677, 691, 908 --Macon, City of; describe new territory ........540, 627, 677, 691, 908 --Area Redevelopment Finance
Administrator; provide short title .._----.,,_.. 540, 627, 1028, 1412 --Floyd County; compensation of Sheriff-.......541, 627, 677, 691, 908 --Floyd County; authorize additional
deputy sheriff _...-...__......._.._......___------_ 541, 627, 677, 692, 908 --Troup County; Civil and Criminal Court;
Judge may require sureties on personal appearance bonds____-------- 541, 628, 677, 692, 909 --Georgia Industrial Loan Act; issuance of additional licenses ----_.---------_----_,,--. 541, 628 --Superior Court Judge, Emeritus; additional compensation ...----_--------__--.____------_----__._ 541, 628
--Savannah District Authority Act of 1963; create --_......._-- 541, 628
HB 347 HB 348 HB 349 HB 350 HB 351 HB 352 HB 353 HB 354 HB 355
HB 356 HB 357
HB 358 HB 359 HB 360 HB 361 HB 362 HB 363 HB 364 HB 365
HB 366 HB 367 HB 368 HB 369 HB 370
INDEX
2447
--Atlanta, City of; Criminal Court;
provide for Clerk ..............____-........ 542, 628, 953, 960, 1338
--Sheriff's Retirement Fund of
Georgia; provide .... 542, 628, 633, 1187, 1283, 1352, 1626, 2050
--Warren County; Sheriff of the
Superior Court, salary ...__..____...__.._.________.542, 629, 738, 756, 909
--Warren County; Clerk of the
Superior Court, salary ..._..__..____._______.._.... 542, 629, 677, 692, 1338
--Warren County; salary of Ordinary........... 542, 629, 677, 693, 1338
--Pinball machines, unlawful .. ....____543, 629, 904, 1176, 1903, 1949
--West Point, City of; provide for a
Board of City Registrars ...._...._____...__.___.. 543, 629, 677, 693, 909
--Motor vehicles; punishment for larceny^543, 629, 676, 771, 1338
--Department of Labor; Employment
Security Agency, provide suitable
offices __._....._....... ... ..................... 543, 629, 1028, 1518, 1830
--Atlanta, City of; change corporate
limits ..__....-__..-
..._..-. ......._._..._........ 543, 630, 791, 847, 1338
--Vienna, City of; assessment of
ad valorem tax on all classes
of property ......... _ _........._....._.......__........543, 630, 677, 693, 909
--Fulton County; Juvenile Court;
salary of Judge
__......_....._._._....___.....544, 630, 953, 962, 1338
--Fulton County, salary of Ordinary....___......544, 630, 953, 960, 1338
--Fulton County; Criminal Court, salary of Solicitor General._.........._.-.......544, 630, 953, 961, 1338
--Superior Court Clerks; compensation ..... ____..____._...____.____--..___-544, 630, 677, 694, 1339
--Catoosa County; clerical assistant to the Sheriff........ .__._-.._.._.....___....__._... 544, 630, 677, 694, 1700
--Ware County; Board of Commissioners of Roads and Revenues, create ...____.._____.544, 630, 677, 694, 914
--State officials; compensation for ex-officio offices ...____......___....._ 621, 670, 1554, 1754, 1902, 1968
--Moisture testing equipment; standards for weights and measures; licensing and bonding .._.._...._.._._... .....___...___.621, 670, 791, 925,1183, 1898, 1935
--Tift County Development Authority; define powers and duties ____....._........____....621, 670, 738, 747, 1339
--Houston County; Board of County Commissioners; compensation ....____......_._ 621, 670, 738, 748, 909
--Centerville, City of; salary of Mayor and Councilmen ....__._....._..__._.... 621, 670, 738, 748, 909
--Waycross Judicial Circuit; change terms .... _.......____....__._....___.....621, 670, 831, 850, 1339
--Charlton County; compensation of county employees .___.....___.....__....._....._..__.622, 670, 738, 748, 909
2448 HB 371
HB 372 HB 373 HB 374 HB 375
HB 376 HB 377 HB 378 HB 379 HB 380 HB 381 HB 382 HB 383
HB 384 HB 385 HB 386 HB 387 HB 388 HB 389 HB 390 HB 391 HB 392 HB 393 HB 394 HB 395
INDEX
--Charlton County; Board of Com
missioners of Roads and Revenues; reduce to 3 members .____________._____.._..._..____. 622, 670, 738, 749, 909
--Sales tax; exclude drugs prescribed by physician ._._______ _.. 622, 671 --Evans County; Clerk of Superior
Court, compensation ...__......___._...____..-.._.622, 671, 738, 749, 910 --Lake City, City of; corporate limits _.___._-_ 622, 671, 738, 749, 910
--Clay ton County; tax on property located in fire prevention districts ..__...___-...-___..-_......._.__-._.._.. 622, 671, 738, 750, 914, 1052
--Forest Park, City of; extend corporate limits ........... ........._.._.._...... 623, 671, 738, 750, 910
--Forest Park, City of; group insurance premiums for city employees ............... 623, 671, 738, 750, 910
--Lovejoy, City of; named changed from Town of Lovejoy _......_.__... .......... 623, 671, 738, 751, 910
--Morrow, City of; relating to Mayor
and City Council
.. ..........._.... 623, 671, 738, 751, 910
--Newspaper libel; candidates seeking public office .....___._... 623, 672
--Columbus, City of; City Commission, amend ........._......_.....__._........._._._..__....._...... 623, 672, 738, 751, 910
--Columbus, City of; Medical Center Board Commissioners, create ..._.....__...__......624, 672, 738, 752, 910
--Housing Authorities Act; certain municipalities, population 115,000 and 125,000 _.._......._._...____....._._..._........_...._.__...624, 672, 738, 752, 911
--Cobb Judicial Circuit; court reporter
compensation for criminal cases ._.__...__. 624, 672, 738, 752, 1248 --Lookout Judicial Circuit; clerical
assistance for Solicitor-General.. 624, 672, 738, 753, 1150, 1188 --Practice of Law; residence
requirements of applicants ._ ....... 624, 672, 676, 773, 914, 1369
--Ophthalmic; unlawful to advertise price, terms of payment, etc. ..........._..,,....__._....._......_. 624, 673, 841
--Workmen's compensation; computation and payment by employers --_...--..--.--,,--...----..----..--.... 625, 673
--Macon, City of; Recorder's Court ._..._....__.... 625, 673, 738, 753, 911
--Macon, City of; powers of the
Recorder's Court ............ _,,...._._... ._...__,,. 625, 673, 738, 747, 911
--Examining Boards; uniform per diem and expenses for members . .--.__.......___--. -_..... _......_
625, 673
--Highways; prohibit trucks from hauling
gravel or stone without protective coverings ._-.._ 625, 673, 1332
--Sylvania, City of; grant new charter ... ... .. _._ 625, 673, 738, 747, 884, 890, 892
--Motor vehicles; liability insurance ......... 626, 673, 676, 860, 1558
--Motor vehicles; reduce deposit of security in
cases of injury._____._. 626, 674, 676, 1126, 1155, 1174, 1832, 1914
HB 396 HB 397
HB 398 HB 399 HB 400 HB 401 HB 402 HB 403 HB 404 HB 405 HB 406 HB 407 HB 408 HB 409 HB 410 HB 411 HB 412
HB 413 HB 414 HB 415 HB 416 HB 417 HB 418 HB 419 HB 420
INDKX
2449
--DeKalb County; County Board of Education districts _._..___..._..626, 674, 676, 1332, 1355, 1700
--State Game and Fish Commission; condemnation of property used in hunting deer at night.. 626, 674, 1333, 1680, 1901, 2000
--Banks: define "City", "Town", and "Village" ._------..--------.------. 626, 674, 1028, 1505, 2050
--Savannah District Authority; filling of vacancies due to expiration of terms _----. ------ 667, 733
--Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; repeal _--------------.. 667, 733
--Voting by mail; mailing privileges of military personnel -------..----....-- . 667, 734, 1147
--Landowners; responsible for keeping streams, etc. free from debris ...--------.----..,,--.----. 667, 734
--Carrollton, City of; rate of taxation for school purposes---.--------.667, 734, 904, 920, 1339
--Industrial development corporations; provide for organization ._--------._----------.------_.--.667, 734
--Lumpkin, City of; new charter----------._. 668, 734, 791, 847, 1339 --Georgia Fertilizer Act of 1960;
define "lot", plant nutrient deficiency----..--.--..--.---- 668, 734 --Law library; certain counties,
population 46,000 to 47,000 ----___.. 668, 735, 792, 848, 1339
--Clayton County; establish Civil Service System for employees -- ....._.. 668, 735, 792, 848, 1339
--Motor vehicle licenses; fees for part of a year __-------- ----......-._--.. 669, 735, 832, 1729, 2050
--Federal Census; establish effective date as used in statutory law.-------- 669, 735, 954, 1309, 1831
--Motor vehicle licenses; proof of payment of taxes _-.-.------------------.------ 669, 735, 832, 933
--Tifton, City of; Commissioner, power to place water pipes and sewer lines in the streets ..------.-- .--_--...__------------ 669, 735, 792, 848
--Tifton, City of; salary of Commissioners.----- 669, 735, 792, 849
--Tifton, City of; minimum age of voting- 669, 736, 792, 849, 1340
--Traffic violations; no fees in excess of $100 .------__. ._--...729, 786
--Bowdon, City of; relating to mayor and city council --. ._--------.. 730, 787, 831, 849, 1340
--Savings and Loan Associations; method for incorporation ____________--.._............___.------.._.,,. 730, 787
--Elections; qualification fee posted 10 days prior to special elections
730, 787, 1334, 1503, 2050
--Middle Georgia Coliseum Authority; create ------------.------.__----.......--._. 730, 787, 875, 1301, 1706
--Traffic laws; provide for Board to inquire into abuses and irregularities... 730, 787, 905, 1210, 1828
2450 HB 421
HB 422 HB 423 HB 424 HB 425 HB 426 HB 427 HB 428 HB 429
HB 430 HB 431 HB 432 HB 433
HB 434
HB 435 HB 436 HB 437 HB 438 HB 439 HB 440 HB 441 HB 442
INDEX
--Industrial Loan Business; establish Study Commission --------.730, 787, 1245, 1507, 1509, 1707, 1838, 1898
--Corporate stock; exemptions for income taxation ----------------------.730, 787, 1032, 1726, 2050
--Teachers' retirement; computation of member's service retirement allowance __.-----.--------_____731, 788
--Trade-marks; registration of service marks ..............----------.731, 788, 1147, 1312, 1831
--Estates; probate of will in common form--.......... .. ...731, 788 --Georgia Civil Defense Act of 1951;
provide organization in each county--.731, 788, 791, 1190, 1897 --Estates; allow wife to sell estate
to extinguish husband's debts ,,_.._............--...732, 788, 1029 --Trespassers; right of contribution where
several trespassers are not jointly sued--- ._...--_..732, 789, 875 --Department of Public Health; release
from certain contractual obligations ------------.----------.733, 789, 905, 1534, 1602, 1989 --Cusseta, Town of; change terms of Mayor and Councilmen .------_.-- --.782, 825, 874, 881, 1340
--University System of Georgia; tangible personal property, exempt sales tax._..782, 825, 1032, 1415, 1828
--Psychologists; State Board of Examiners; revocation of licenses.--------------782, 825, 1146
--Appling County; Board of Commissioners of Eoads and Revenues, filling of vacancies ------------782, 825, 874, 881, 1458
--Appling County; Board of Education, number of votes required for official action------...783, 825, 874, 881, 1458, 1763
--Georgia Fertilizer Act of 1960; redefine "manufacturer" ----------------783, 826, 902, 1375, 1899
--Waynesboro, City of; City Court, salary of Stenographer.--------------...--783, 826, 874, 882, 1340
--Crawford, City of; salary of Clerk of the Superior Court ..--783, 826, 874, 882, 1707, 1764
--Andrew Female College; change term of office of Trustees.-.------..----.783, 826, 873, 881, 1246
--Oconee, City of; name changed from Town of Oconee _------_._------------784, 826, 874, 878, 1340
--Manchester, City of; amend charter relating to Commissioners.....--------......784, 826, 874, 882, 1340
--Stone Mountain Memorial Associa tion; provide for security officers--------784, 827, 875, 923, 1458
--Cobb County; Board of Commissioners of Roads and Revenues, create ..--------784, 827, 874, 883, 1458, 1475, 1477
HB 443
HB 444 HB 445 HB 446
HB 447 HB 448 HB 449
HB 450 HB 451 HB 452
HB 453 HB 454 HB 455 HB 456
HB 457
HB 458 HB 459 HB 460 HB 461
HB 462 HB 463 HB 464 HB 465 HB 466
INDEX
2451
--Georgia Ports Authority; remove limitation on the issuance of bonds-------- ----.----------784, 827, 1334, 1670, 2051
--Conasauga Judicial Circuit; create .---__.--.------------------784, 827, 1029, 1516, 1899, 1932
--Timber; provide for action in trover--------------------784, 827, 873 --Georgia Forestry Commission;
improvement of real estate held under reversionary clause deed----785, 827, 831, 1303, 1699 --Reidsville, City of; City Court, disposition of fines ------------------------785, 827, 874, 883, 1340 --Pulaski County; create office of Tax Commissioner --------------_..-------- 785, 828, 874, 883, 1458 --Elections; unlawful to serve if person has served two separate sentences in penal institution 785, 828, 1547, 1557, 1641, 2051 --Teachers' retirement; pertaining to teachers retiring before January 1, 1963.------------------785, 828 --Funeral expenses exemption of sales tax ------__--------..786, 828 --Juvenile Court Act; change age limit for making public name or picture of child under jurisdiction --------------------------786, 828, 953, 1652 --Torts; execution of-.-------------------.----------------786, 828 --Houston County; relating to Mayor and Councilmen ----_.----.----...------------820, 869, 904, 918, 1558 --Sumter County; compensation of Coroner _------.__----------------_.. 820, 869, 904, 918, 1335, 1372 --Whitfield County; photographic record ing equipment used in recording records of the Ordinary.__----.-------- 820, 869, 1555, 1711, 2040 --Southern Judicial Circuit; Judge of the Superior Court, compensation ----------------------------..821, 870, 953, 1057, 1459 --Taxation; exemptions for dependent children who are students during taxable year----------.821, 870 --Opticians; licensing of dispensing opticians upon certification of a licensed optometrist.----,,--.821, 870
--Advertising; revocation of licenses if convicted of fraudulent advertising----------___.__._..._821, 870, 904
--Wayne County; Board of Com missioners of Roads and Revenues, compensation of members ._------ 821, 870, 904, 919, 1707, 1841
--Abandonment of children; provide for venue.------------821, 870
--Elections; eliminate use of tally sheets --.----------------.822, 870
--Bulloch County; compensation of Coroner-----_--._-------.--.--822, 870, 1331, 1483, 2041
--Chattahoochee County; create office of Tax Commissioner.------------__ 822, 871, 904, 919, 1340
--Baker County; compensation of Sheriff-------822, 871, 1029, 1058
2452 HB 467
HB 468 HB 469
HB 470 HB 471 HB 472 HB 473 HB 474 HB 475 HB 476
HB 477 HB 478
HB 479 HB 480 HB 481 HB 482 HB 483 HB 484 HB 485 HB 486
HB 487
HB 488 HB 489
INDEX
--Baker County; compensation of Clerks of Superior Court and Ordinary --------._ -_.----__ 822, 871, 1029, 1058, 1707, 1839
--Baker County; clarify compensation of tax collector and receiver._. 822, 871, 1029, 1058, 1707, 1840
--DeKalb County; Court Bailiffs, provide method of fixing salaries ._ 822, 871, 1455, 1488, 1490, 2041
--DeKalb County; examination for qualified electricians ______ 823, 871, 1332, 1357, 1700
--Alcoholic beverages; relating to sale.------------------823, 871, 905 --Hospital Authorities Act; method
of appointment of trustees ....------. --------...__. 823, 872, 1146 --Agriculture; define certain terms . ____---- 823, 872, 902, 1124 --Austell, City of; corporate limits .__----____.. 824, 872, 904, 919, 1341 --Legal Holidays; Monday shall be
observed if holidays falls on Saturday.--- ....._...._.__..._... 824. 872 --Atlanta Judicial Circuit; Solicitor-
General to fix compensation of assistants .----.----___.-- ....--------__. 824, 872, 953, 961, 1334 --Birds; prohibit hunting and taking of certain birds ---- ...------_-- 824, 872, 1030, 1432, 1902, 1980 --Colquitt County; Small Claims Court; prescribe qualifications of judge ..__.-_.-__----.---- _----..--------825, 873, 1029, 1262, 1700 --Cook County; Small Claims Court, create __----__.----------__..._ 865, 898, 1244, 1267, 1832, 1842 --Riverside, Town of; power of Mayor and Aldermen ..__... --.866, 899, 953, 962, 1334 --Certified public weighers; method of weighing farm and forest products _,,_..,,__,, 866, 899, 1030 --Hagan, City of; change requirements and qualifications of voters _.__._,,.--_.___. 866, 899, 953, 963, 1334
--Wilkes County; salary of Sheriff._ _866, 899, 953, 962, 1334
--Wilkes County; create office of Tax Commissioner-.----_-_------------. 866, 899, 953, 961, 1335
--State Department of Public Welfare; retention of certain benefits ... ... 867, 899, 1149, 1310, 1900
--Minimum Foundation Program of Education; supplemental salaries to school lunch supervisors _......- __-------------------------- 867, 900, 1330
--Coin operated or vending machines; redefine punishment for stealing or forcibly opening _.--.._--------___--_--__------------867, 900, 1029, 1685
--Shad; provide time when may be taken from waters _--_------_--_____----867, 900, 1244, 1410
--Superior Court Judge Emeritus; retirement, remove provision allowing time served in General Assembly---------------895, 950
f HB 490 > HB 491
HB 492 HB 493 HB 494
HB 495 HB 496 HB 497 HB 498
HB 499 HB 500 HB 501 HB 502 HB 503 HB 504
HB 505 HB 506 HB 507 HB 508 HB 509 HB 510 HB 511
HB 512 HB 513
INDEX
2453
--Cigars and Cigarettes; tax imposed shall be upon the person purchasing ------.__. ---------- 895, 950
--Department of Public Safety; periodic exami nation of driver's license holders prior to renewal------895, 950
--Adoption laws; remove certain grounds for annulment ----------895, 950, 969, 1149, 1524, 1972
--Railroads; specified number of crewmen--------------------896, 950 --Statesboro, City of; power of Mayor
and City Council relating to landowners ____----------------------._ 896, 950, 953, 1059, 1459 --State Supervisor of Purchases; compensation _...____. 896, 951, 1557, 1661, 1663, 1692, 1903, 1953 --Cobb County-Marietta Water Authority; authorize certain authority relating to water supply----.-896, 951 --Municipalities; compensation of law enforcement officers ------ .,,.. 896, 951, 1246, 1354, 1404, 1828 --County Health Departments; change method of payment of expenses...--.--------.. ------ ....----897, 951, 1454, 1611, 1900 --Wholesale fish dealers; increase license --------..--.------ 897, 951 --Estates; investments in real estate loans------------------.--...--------. 897, 951, 1028, 1522, 1830 --Hospital Authorities Law; contracts for maintenance and use of facilities-897, 952, 1029, 1299, 2051 --Fulton County; salary of Sheriff ------_ 898, 952, 1454, 1484, 2041 --Hazlehurst, City of; re-define corporate limits ---- --------------.----. 898, 952, 953, 1059, 1459 --Milk; schools and institutions not included under any law regulating dispersing of --------------------------898, 952, 1146, 1785 --State Employees Minimum Wage Bill; establish-- 898, 952, 1354 --Fulton County; Board of Education, teachers and employees, pro-rate refund of contributions------- 898, 952
--Alcoholic beverages; no newspaper publishing company shall be allowed to advertise.----------.----.946, 1024
--Jeffersonville, City of; change corporate limits ----------------_------ 946, 1024, 1147, 1155, 1558
--Statewide Probation Act; court's discretion, imposition of sentence-- ---------- 946, 1025, 1029
--Livestock; weighing at auction immediately prior to sale ------------------------------ 946, 1025
--Georgia Motorboat Numbering Act; registration of boats used on boundaries of State ---------------- 946, 1025, 1333, 1526, 2051
--Waterfowl; agreements between Georgia and States bordering ----------------.----.-- 947, 1025, 1333, 1532
--Bonds; political subdivisions authorized to purchase blanket bonds covering employees ..._.....--...___.947, 1025, 1029, 1305, 2051
2454 HB 514 HB 515 HB 516
HB 517 HB 518
HB 519 HB 520
HB 521 HB 522
HB 523
HB 524 HB 525 HB 526 HB 527
HB 528
HB 529 HB 530
HB 531 HB 532
INDEX
--Polk County; abolish office of county treasurer ,,..,,.,,..,,_...._........__..947, 1025, 1147, 1256, 1700
--Uniform Commercial Code; effective date -________947, 1026, 1029 --Non-profit Medical Service Corporations;
doctors of podiatry shall have same rights as doctors of medicine and surgery ____._.__.___..___..._.___..__...__..___.._...._..___947, 1026, 1244, 1657 --Public Service Commission; salary of Chairman .....___.._...948J 1026, 1032, 1291, 1501, 1503, 1703 --Governor's Staff; sign or emblem, unlawful to display without Governor's written permission ._..._.-..._..._._.__._948, 954, 1026, 1297, 1700, 1833, 1849 --Sale City, City of; change date for holding of election for Mayor and Aldermen _..___-_.______._________-_._________.____1016, 1136, 1147, 1257 --Ware County; Board of Commis sioners of Roads and Revenues, create ...___-.__...___.__..__._.__..___-._.___...__.1016, 1136, 1331, 1355, 1700 --Lumpkin County; create office of Tax Commissioner __________________.___1016, 1136, 1147, 1257, 1701 --Lumpkin County; eligibility of members of County Board of Education, repeal act.-._..___-____._.._...__1016, 1136, 1147, 1257, 1701 --Lake Lanier Islands Development Authority; change method of appointing members __,,..___.._......_...__..._...,,__..____.._.1016, 1137, 1246 --Menlo, City of; name changed from Town of Menlo _..____._._.__..._....__1016, 1137, 1147, 1258, 1701 --State Senatorial Districts; change composition of two districts ..___-..._._..-_._.___.-._._._..1017, 1137, 1245
--Catoosa County; Board of Utilities Commissioners, create _.__1017, 1137, 1147, 1258, 1701
--County Boards of Education; power to equip facilities beyond 12th grade _..__..._._.________.._._..._._.1017, 1137, 1145, 1514, 1602, 1986
--Corporation income tax returns; repeal provision relating to filing by two or more corporations .,,__....._..._....._...._....__...__.1017, 1032, 1137, 1631
--Smyrna, City of; change certain punishments in charter.____..._.1017, 1137, 1147, 1258, 1832, 1843
--State Revenue Department; provide for appointment of two Deputy State Revenue Commissioners__^_.^1018, 1032, 1138, 1289, 1707
--Burke County; salary of Coroner___._1018, 1138, 1147, 1259, 1701
--Randolph County; change millage rate limit on property subject to levy by Mayor and Councilmen .._._...._.........._._._...._...._.._..1018, 1138, 1147, 1259, 1701
HB 533 HB 534
HB 535 HB 536 HB 537 HB 538
HB 539 HB 540
HB 541 HB 542 HB 543
HB 544
HB 545
HB 546 HB 547 HB 548 HB 549
HB 550 HB 551 HB 552
HB 553
INDEX
2455
--Securities; additional securities for investment by counties..----------------------1018, 1138
--Columbus, City of and Muscogee County; appropriate funds for Health Funds of the County Board of Health _----..----------------1018, 1138, 1147, 1259, 1701
--Garnishment; proceeds of insurance policies not subject to garnishment..l018, 1138, 1146, 1377, 1675
--Sylvania, City of; selection and appointment of city council _------_1019, 1139, 1147, 1260, 1701
--Hall County; City Court, salary of Judge and Solicitor ___------_..1019, 1139, 1147, 1260, 1702
--Clermont, Town of; provide for establishment of a Book of Registered Voters ------------_----..--1019, 1139, 1147, 1260, 1702
--Mclntosh County; compensation of Ordinary _-..------,,.--..__.----. -- 1019, 1139, 1147, 1260, 1702
--Stewart County; compensation of the Clerk of the County Commissioners ----.------_------------1020, 1139, 1147, 1261, 1702
--Motor Fuel Tax Law; provide tax refund on gasoline when used for cutting timber-----1020, 1139
--Estates; define legal status and non-liability of a fiduciary ,,..--.._....--_.-..--....__..----1020, 1139
--Dodge County; change allowable compensation of the Clerk of the Tax Commissioners.--------------1020, 1140, 1147, 1261, 1702
--Dodge County; change allowable compensation of Clerk of Commissioners of Roads & Revenues----...----------1020, 1140, 1147, 1261, 1702
--Dodge County; change allowable compensation of the Clerk to the Ordinary ------------------------.1021, 1140, 1147, 1262, 1702
--Dodge County; compensation of Additional Deputy Sheriff ----------1021, 1140, 1148, 1262, 1702
--Voters; define "resident".----..._----------------_----_---- 1021, 1140 --Collection agencies; provide for the filing
of a bond .----------------...------.----------.........----1021, 1140, 1334 --DeKalb County; Civil and Crimi
nal Court, salary of Judges, Solicitor, Clerk and Marshal.----.-- 1021, 1141, 1148, 1265, 1703 --North Atlanta, City of; provide charter --------._..._......----.-...--------.1021, 1141, 1148, 1263, 1703 --Carrollton Payroll Development Authority; create __..-.----...__........ 1022, 1141, 1148, 1263, 1703
--Mt. Zion, Turkey Creek and Flint Corner Development Authority; create ----------------_----------------1022, 1141, 1148, 1263, 1703
--Riverdale, City of; provide and define wards _..,,....-...__...............1022, 1141, 1148, 1266, 1703
2456 HB 554 HB 555
HB 556
HB 557 HB 558
HB 559 HB 560 HB 561
HB 562
HB 563 HB 564 HB 565 HB 566
HB 567 HB 568 HB 569 HB 570 HB 571 HB 572 HB 573 HB 574 HB 575
INDEX
--Marietta, City of; change corporate limits --------...-- .---- 1022, 1141, 1148, 1264, 1703
--State Revenue Department; authorize special agents for enforcement of liquor laws ------------._--------.1022, 1141, 1148, 1287, 1706
--Auditors; fees shall be determined by trial judge making such referral __.--.------_----__----_._____--1022, 1141, 1146, 1538, 1972
--Auditors; fees shall be taxed by judge .__._--------.--..__------ 1023, 1142, 1146, 1540, 1899, 1929
--Brunswick and Glynn County Development Authority; appointment and terms of members _..__..._----.... 1023, 1142, 1148, 1264, 1703
--Macon, City of; limitation of ad valorem tax levy for general municipal purposes .----..--.----...1023, 1142
--Hawkinsville, City of; relating to Board of Commissioners- .__.....__....1023, 1142, 1148, 1264, 1704
--State Department of Public Welfare rename "State Department of Family and Children Services"----..------__. 1023, 1142, 1456, 1637, 2051
--Welfare Reorganization Act of 1937; provide for appointment of new county boards of family and children services in each county __--_.._._.--._......--__.-- 1023, 1142, 1456, 1639, 1901, 1991
--Trials, criminal; jury shall determine guilt or innocence of accused---------1024, 1142, 1146
--Lobbyist; identification badges _._.-_..-------______..--1024, 1142 --Disabled veterans; provide free
parking entering State Parks _----.. __--------__--------1024, 1143 --Brunswick, City of; Commissioner
at Large shall be designated as Mayor ----------._----_----..__ ..... 1129, 1235, 1331, 1358, 1704 --Alcoholic beverages; limit to 1 quart to any one purchaser ._.___------__.___--__._...._....._--.._.1129, 1235 --Deceased; application for year's support, require full name and legal residence of deceased .--..1129, 1236 --Fort Oglethorpe, Town of; provide for division into wards ,,._....._. .----.----1129, 1236, 1454, 1484, 2041 --Fort Oglethorpe, Town of; relating to Mayor and Alderman ....._....--.... 1129, 1236, 1454, 1477, 2041 --Morgan County Development Authority; create .._------..-------- 1129, 1236, 1331, 1359, 1704 --Kerosene; strike provisions relating to tax __--_.. 1130, 1236, 1456 --Speed and traffic laws; exclusive jurisdiction, Director of the Department of Public Safety...--_----1130, 1236
--Upson County; Small Claims Court, establish ........... ...................... 1130, 1236, 1331, 1359, 1704
--Webster County; compensation and traveling expenses of Sheriff._..__. 1130, 1236, 1331, 1359, 1704
HB 576 ;
HB 577 HB 578 HB 579 HB 580
HB 581 HB 582 HB 583
HB 584 HB 585 HB 586 HB 587
HB 588
HB 589
HB 590
HB 591 HB 592
HB 593
HB 594 HB 595 HB 596 HB 597
INDEX
2457
--Clarke County; Juvenile Court,
establish .____.._____..__._.. ........... 1130, 1237, 1692, 1698, 1782, 2041
--Driver's licenses; provide for
placing of picture of applicants .,.___.....__....__...__.. 1131, 1237, 1697
--Causes of action; renewal of causes
of action and renunciation by the plaintiff _.________...._--_ 1131, 1237
--Dudley, Town of; extend city limits 1131, 1237, 1331, 1360, 1704
--Clayton County; Civil and Criminal
Court, election, duties, etc. of Judge
and Solicitor ..... _
1131, 1237, 1331, 1360, 1704
--Peace Officers' Annuity and Benefit
Fund; redefine "peace officer"..- 1132, 1238, 1331, 1547, 1650
--Dawson County; compensation of
County Tax Commissioner _...__...__. 1132, 1238, 1331, 1360, 1704
--Dawson County; change compensation
of Commissioner of Roads and
Revenues ....... 1132, 1238, 1331, 1361, 1705
--Richmond County; compensation
of county officials .... ...... -....._ .... 1132, 1238, 1331, 1361, 1705
--Augusta, City of; establish
Municipal Court .__...__... ...... 1133, 1239, 1331, 1361, 1707, 1838
--Richmond County; establish
City Court .,,-.._-..___--.-..._-..-..-. 1133, 1239, 1331, 1362, 1705
--Richmond County; provide for
appointment of assistant solicitor-
general _.___.-__,,..-.__..-._-._..._.....- 1133, 1239, 1331, 1362, 1705
--Richmond County; provide for
appointment of assistant
solicitor of city court..... ............. 1133, 1239, 1331, 1362, 1705
--Richmond County; additional
compensation of solicitor-general,
judicial circuit ........... ....... ... 1133, 1239, 1555, 1560, 1571, 2041
--Richmond County; appointment of two Superior Court Reporters to Judges of Superior Court.. 1133, 1239, 1556, 1560, 1571, 2041
--Richmond County; fees of coroner 1133, 1239, 1331, 1362, 1705
--Richmond County; appointment of Clerk for office of Solicitor of the City Court.... ......... ....... ... _
1134, 1239, 1331, 1363, 1705
--Richmond County; provide for appointment of Judge and Solicitor of City Court ..._..._..._...._.._.............. 1134, 1240, 1331, 1363, 1705
--Claims Advisory Board; create ....._............__.........._ 1134, 1240, 1554, 1618, 1901, 2004
--Garnishments; issuance of successive summons before trial ,,. ......_._......._._...__... 1134, 1240
--Fulton County; election precincts ........ ... 1135, 1240, 1244, 1364
--Lumber; minimum standards in permanent construction .........._._.....__........._..... 1135, 1241, 1897
2458 HB 598
HB 599 HB 600 HB 601 HB 602
HB 603
HB 604 HB 605 HB 606 HB 607 HB 608
HB 609 HB 610 HB 611 HB 612 HB 613 HB 614 HB 615
HB 616
HB 617
HB 618 HB 619
INDEX
--Turner County Development Authority; further define and prescribe powers and duties __._._._ _____._...._..____.___.____.._____ 1135, 1241, 1331, 1363, 1706
--Vehicle Equipment Safety Compact; State of Georgia shall be a party to ___.__________.__-_______.__1135, 1241
--Drivers' License Compact; State of Georgia shall be a party to ______._________,,_.__...,,..___._.__1135, 1241
--State officials; establish salary and expense allowance .__.._._._._...._.....1136, 1241, 1242, 1510, 1691
--Minimum Foundation Program for Education; county school boards authority, consolidating schools..... 1136, 1241, 1243, 1380, 1901
--Pulton County; teachers and employees, Board of Education; credit for prior service.__.___._...1136, 1152, 1241, 1454, 1478, 2042
--Omaha, Town of; consolidate laws....1230, 1325, 1454, 1478, 2042 --Adoption laws; instruments of a testamentary gift...._--1230, 1325 --LaFayette, City of; power of
eminent domain ..__..._._...._..._...._._.....___.1230, 1326, 1454, 1478, 2042 --Hall County; Commissioners of Roads
and Revenues, terms of office..__...__.1231, 1326, 1455, 1479, 2042 --Clayton County Water Authority;
change composition of membership ..___.._...._..._.____ 1231, 1326, 1455, 1479, 2042 --Henry County; compensation of County Treasurer ._...,,-_..-__._-.._-.__...__1231, 1326, 1556, 1564, 2042 --Library Authority; create in each county and municipality ____,,______,,.__..___-.......,,--_--_--.._--_1231, 1326 --Glynn County; Magistrate's Court of Glynn County; create ......................1231, 1326, 1455, 1479, 2043 --State Game and Fish Commission; provide for purchase of aircraft..--............._-.......__._.--.1231, 1326 --Rabbits; provide for trapping ........___-..._...__.1232, 1327, 1333, 1777 --Albany High School Stadium Authority; create __ ..._.._,,........._...._.._.. 1232, 1327, 1455, 1480, 2043 --City of Albany and Dougherty County; jointly acquire lands and buildings ,_..._._......__.._...__...__..__...__...__. 1232, 1327, 1455, 1480, 2043 --City of Albany and Dougherty County; merger of independent school systems _.._.._.____.__...___.....-._....._...__..___....1232, 1327, 1455, 1480, 2043 --City of Albany and Dougherty County; appropriate money from general funds to Board of Education of Dougherty County .._._..._...._..._...__..._...._1232, 1327, 1455, 1481, 2043
--Albany, City of; relating to property adjacent to fire zones ..........__._..._.._,. 1233, 1327, 1455, 1481, 2043
--Albany, City of; official bonds of Marshal or Chief and other personnel .........................._...-_....__..._..._.1233, 1327, 1455, 1481, 2044
HB 620 HB 621 HB 622 HB 623
HB 624 HB 625
HB 626 HB 627 HB 628 HB 629
HB 630
HB 631 HB 632 HB 633
HB 634
HB 635 HB 636
HB 637 HB 638
HB 639 HB 640 HB 641
INDEX
2459
--Albany, City of; wards; amend
charter ___________
...1233, 1328, 1455, 1482, 2044
--Albany, City of; corporate limits.-... 1233, 1328, 1455, 1482, 2044
--Firearms; provide who shall be
required to purchase a license.__-.__ 1233, 1246, 1328, 1775, 2052
--Georgia Securities Act; exploratory oil or gas
well enterprise, regulation of sales of certificates
of interest -__-__-___-___..-_-___-___-__--__,,__----.----1233, 1328
--Atlanta, City of; Civil Court, create
office of Judge Emeritus --_--_--_1234, 1328, 1455, 1482, 2044
--Stewart County; election of county
officials by majority of popular
votes _._........ -- ... -- _. 1234, 1328, 1455, 1488, 2044
--Sales tax; brackets for collection
when fractional parts of dollars are taxed .......__......_._. 1234, 1328
--Taxation; extend time within which
additional tax may he assessed..,,_.....__.,,.--__--__._.--._.___ 1234, 1246
--Alapaha Judicial Circuit; payment of
expenses to Solicitor-General--.-- 1234, 1329, 1333, 1520, 2044
--Brantley County; compensation of
Commissioners of Roads and
Revenues ._,,._--..--_...__._._..__--_..._.-- 1234, 1329, 1455, 1483, 2045
--Municipalities; method of
detaching territory from
corporate limits ......_...____1235, 1329, 1331, 1366
--Alma, City of; extend corporate
limits __
1235, 1235, 1329, 1555, 1568, 2045
--Salesmen; tax or license for sale of goods
where no delivery of goods is made ---.1320, 1449, 1557, 1789
--Pooler, Town of; qualifications and
appointments of judge of the mayor's court _----..--._--------...-.. 1321, 1449, 1555, 1568, 2045 --Henry County; election of Board of Commissioners of Roads and Revenues ... ...--.----.._._...- ._.._. 1321, 1449, 1556, 1565, 2045
--McDonough, Town of; corporate
limits
_.._..-_----..........-- 1321, 1449, 1556, 1565, 2045
--Income tax; imposition, rate of computation and exemptions from a trust .--,,.......__._._._......--.. 1321, 1449, 1456, 1633, 2052
--Pulpwood; include in the exclusion from load length requirements.____........ ----..-....1321, 1449, 1455
--State Auditor; time for furnishing copies to the members of the General Assembly .._.....-.--.......... . _....._..-.. 1321, 1334, 1450, 1643, 2052
--McDonough, City of; provide for registration of voters --.__....-.__. ....1322, 1450, 1556, 1566, 2045
--Slum clearance; county taxes .....--...........-- .....--. 1322, 1450, 1490
--Georgia State Board of Denturistry; create ....... 1322, 1450, 1695
2460 HB 642
HB 643 HB 644
HB 645 HB 646
HB 647
HB 648 HB 649
HB 650 HB 651 HB 652 HB 653 HB 654 HB 655 HB 656
HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663 HB 664
INDEX
--Porsyth County; create a one member Commissioner of Roads and Revenues - -__----------.---- 1322, 1450, 1555, 1569, 2045
--Habersham County; compensation of the Board of Commissioners ----------1322, 1450, 1556, 1566, 1941, 2009
--Habersham County; compensation of Clerk, Office of Tax Commission .----------....._.----._--------.1322, 1450, 1555, 1569, 2045
--Delinquent children; person contributing to delinquency shall be guilty of a misdemeanor... ___ 1323, 1450
--Hall County; traffic ordinances to control traffic upon the streets ._ .------ 1323, 1451, 1451, 1555, 1569, 1942, 2009
--Hall County; Board of Commissioners of Roads and Revenues; authorized to construct roads ----_.----------. 1323, 1451, 1555, 1570, 2046
--Hall County; construction of sanitary sewers ---------- ... ....1323, 1451, 1555, 1570, 2046
--Augusta, City of; Board of Civil Service Commission for the City Council; create ..... .---------- ...----1323, 1451, 1555, 1570, 2046
--Professional fund raising; redefine certain words ._......_..._.......... 1323, 1334, 1451, 1758, 2052
--Warranties; new personal property sold directly to ultimate consumer or through dealer .......1324, 1451
--Dooly County; salary of Tax Commissioner -------------------1324, 1451, 1556, 1571, 2046
--Jackson County; salary of Commissioner ----._._--------_.. 1324, 1452, 1696, 1718, 1942, 2006
--Commerce, City of; remove provision relating to taxation of corporation 1324, 1452, 1696, 1717, 2046
--Hoschton, City of; remove certain property from corporate limits....... 1324, 1452, 1696, 1710, 2046
--Jackson County; U. S. Department of Agriculture surplus commodities ...------_.------ 1324, 1452, 1696, 1719, 1902, 2005
--State Parks; leasing to public authorities ........ ..._ - ... ............ 1324, 1452, 1557, 1635, 2052
--Cobb County; Civil Court of Cobb County, create ............. _..._....__...._.........._..._....__ 1325, 1325, 1452
--Cobb County; Civil Service System, establish ......._------.._--.---- 1325, 1325, 1452, 1556, 1572
--Superior Court Clerks; cross-reference card-index system for the records..----...--... .----.-- ....-.1444, 1548
--Muscogee County; fees paid to Coroners.------------..-- 1444, 1548 --Cobb County; Board of Commissioners
of Roads and Revenues, create ..----.----_............ --...1445, 1548
--Brooks County; compensation of Clerk, Board of Commissioners .. .... ...... 1445, 1549, 1696, 1712, 2046
--Rossville, City of; tax on property ..1445, 1549, 1696, 1712, 2047
HB 665 HB 666 HB 667
HB 668 HB 669 HB 670 HB 671 HB 672 HB 673
HB 674 HB 675 HB 676 HB 677 HB 678 HB 679 HB 680 HB 681
HB 682
HB 683
HB 684 HB 685 HB 686 HB 687 HB 688 HB 689
INDEX
2461
--Rossville, City of; tax on property..... 1445, 1549, 1696, 1713, 2047
--Urban Redevelopment Law; suspension of certain
requirements when designated disaster area .___,,,,____--. 1445, 1549
--Bibb County; Civil Court, pension
and retirement compensation of
Judge Emeritus .____.._. 1445, 1549, 1696, 1713, 2047
--Macon, City of; Civil
Court, establish .... _
. . 1445, 1549, 1696, 1713, 2047
--DeKalb County; Urban Redevelopment
Law, amend ...__ . . 1446, 1549, 1696, 1714, 2047
--Alcoholic Beverages; authorize municipalities
to enact certain ordinances ......... 1446, 1550, 1555
--Workmen's Compensation; return of
bonds to self-insurers _...__...___... _...._..._..._ _. ............ 1446, 1550
--Workmen's Compensation; Code Title 114
shall not apply to certain employers .... .._....._....._...... 1446, 1550
--Walton County; tax equalization
program, employ persons to
conduct
__
1446, 1550, 1696, 1714, 2047
--Irwin County; create office of
Tax Commissioner ..__...____._...-._.... 1447, 1550, 1696, 1714, 2048
--Macon, City of; abandon portion
of Old City Cemetery __,,..__.__ ........... 1447, 1550, 1696, 1715, 2048
--Sylvester, City of; compensation
of Mayor and Councilmen._,,..__....._ 1447, 1550, 1696, 1715, 2048
--Valdosta, City of; elections ............ 1447, 1551, 1696, 1715, 2048
--Valdosta, City of; Board of Educa
tion, designation of posts ........... 1447, 1551, 1696, 1716, 2048
--Greene County Development Authority; create ......._.....__........_._ 1447, 1551, 1696, 1716, 2048
--Fulton County; retirement and pensions certain court officials ...- 1448, 1551, 1695, 1711, 2048
--DeKalb County; Superior Court, authorize solicitor-general to appoint investigators _._..__.....___....__..._........._.....1448, 1551, 1696, 1716, 2049
--Newton County; Board of Commissioners of Roads and Revenues, create ....___.._....._.........-__. 1448, 1551, 1696, 1717, 2049
--DeKalb County; license fees, busi nesses subject to regulation by the State Public Service Commission -1448, 1551, 1695, 1711, 2049
--School bus drivers; increase minimum salary.,,_...__--._.. 1547, 1693
--Professional fund raising; registration of religious organizations ____.____--.___--___--..__-._.___.._'_____.___..__..1547, 1693
--Elections; minimum limits, solicitation at polling places ....__,,.,,.._...._._._.._..,,.._._..._.___.___,, 1548, 1693
--State Election Board; create ...._,,.._....--...-_.-..___..._._.....__....__1548, 1694
--Civil defense; special license tags for members.____._.___. 1548, 1694
--Real estate; defects in titles, clearance.--...-- _____________...1693, 1824
2462 HB 690 HB 691
INDEX
--Georgia Residential Home Builders Commission; create _____________-.--__..___,,___________________....1824, 1896
--Motor Vehicle Certificate of Title Act; identification number on motor-..________________..____1824, 1896
INDEX
.
2463
Part III
HOUSE RESOLUTIONS
NUMERICAL INDEX
HR 1 --Jordan, W. Harvey, Representative, Calhoun County; declared Representative __.__..______________ 99
HR 2 --House of Representatives; notify Senate that House has convened------ ---------------------- 105
HR 3 --General Assembly; notify Governor that General Assembly has convened ....... ...__. .__._____. 105, 111
HR 4 --House of Representatives; Attaches; compensate .,,__.___..,,...,,_._ 105 HR 5 --House of Representatives; adopt Rules of House---------- .. 106 HR 6 --Joint Session; canvass election returns--------__----.--107, 111 HR 7 --Inauguration Committee; arrangements
of Inauguration _______________..._.____...__......._.._..__...--__.......... 108, 111 HR 8 --Joint Session; Inauguration __...__.__...___._.._-...._._--....108, 112, 123 HR 9 --Joint Session; to elect members
of Legislative Counsel ..........__...._._......--_________._... 109, 112, 122 HR 10 --Joint Session; adjournment of......----------------------____115, 141 HR 11 --House of Representatives; compensation, per diem _..-- ..--. 115 HR 12-JR-l --Legislative Counsel; election of
Honorable Frank H. Edwards .............--------.._--- ....... 122 HR 13 --Joint Session to hear address by Governor ------___....__._. 143, 144 HR 14-9 --State Highway Board; create.---------------------------- -- 160 HR 15-9 --Bible; sales tax; suspend ..----------------160, 188, 202, 224, 398 HR 16-9 --Personal property, Educational purposes,
sales tax, suspend . .------------------..160, 188, 202, 226, 398 HR 17-16 --Motor vehicles; tangible property for ad
valorem tax purposes; amendment to the Constitution--------------------.161, 189, 202, 284, 398 HR 18-16 --Nicholson, D. H.; compensate..--..----..162, 190, 479, 535, 741 HR 19-23 --State Highway Board; amendment to the Constitution, members qualifications, tenure ----------------------------163, 190, 192, 215, 299, 433 HR 20-23 --Counties; merger and consolidation; amendment to the Constitution ._----._--....163, 191, 191, 247, 279, 289, 464
HR 21-23 --Governor's Commission to Improve Education; create .----.163, 191, 191, 230, 431, 435, 482, 483, 840, 1609, 1872, 1903, 1916
HR 22
--Jefferson-Jackson Day Dinner; expressing appreciation to Georgia Democratic Party.------_-------155
HR 23
--Open House at Athens; expressing appreciation for.--.------__.____.--_----,,__--...156, 235
HR 24
--George Institute of Technology; expressing appreciation to officials...----------------.156, 235
2464
.
INDEX
HR 25 --Institute for Legislators; expressing appreciation for -- _-__..____..._._._._..__,_-__..___..____ 157, 235
HR 26 --Institute for Legislators Dinner; expressing appreciation for--_.--_----.-----..------.--.--..--.157, 235
HR 27-47 --General Assembly; provide for Seal ....... 186, 201, 278, 287, 398 HR 28-47 --Wainer Construction Company,
compensate ..___._.__._._._...__.__ 186, 201, 902, 992, 1460 HR 29-47 --King, Mrs. Christine P.; compensate.... 186, 201, 902, 1188, 1900 HR 30-47 --Counties; merger, procedure;
amendment to the Constitution________.__.,,_..___..._. _____________.186, 201 HR 31-47 --Urban Renewal; create interim committee
to study .___..____.____..______._.__..__.,________.._..______._____,__......_.__ 187, 201, 1698 HR 32-68 --Western & Atlantic Railroad, conveyance of
State Property in the City of Atlanta . _. _____ 197, 244, 278 HR 33-68 --Lott, George W.; compensate ___.____...__. 197, 244, 479, 535, 741 HR 34-68 --Richmond County; conveyance
of State property ._.._________.___.._.___.__..._... 197, 244, 739, 884, 1335 HR 35-77 --Kennedy, Henry C.; compensate ...... 237, 273, 902, 1011, 1461 HR 36-77 --Howard, Mrs. John; compensate ..--__.-_. 237, 273, 479, 536, 741 HR 37-77 --Jones, Tex; compensate ..._...._...__.. .......... 237, 273, 902, 994, 1461 HR 38-77 --Reed, U. S.; compensate _______..__...__..____.__.._..____..___..___ .237, 273 HR 39-77 --West, W. L., Sr.; compensate _____ 237, 273, 1242, 1388, 1900 HR 40-77 --Pharmaceutical students; scholarships;
amendment to the Constitution ._........._..._..... .... . ... 237, 274 HR 41-95 --Dental College in conjunction with Medical College
of Georgia; allocation of funds ... 240, 276, 433, 502, 503, 518 HR 42-107 --Rockmart Development Authority; create;
amendment to the Constitution ........... 270, 308, 377, 572, 911 HR 43-107 --McBride, James; compensate _--__. ______.___..__ ______ 270, 308 HR 44-107 --Clark W. Duncan Highway;
designate .......... ................. _ 270, 308, 431, 503, 635, 876, 911 HR 45-107 --Lane, Mrs. Mollie B.;
compensate ._...______.__...._-___.__..._ 270, 308, 675, 756, 1461 HR 46-107 --Scarboro, Edsel; compensate _____ 270, 308, 1242, 1389, 1900 HR 47-107 --Hall County Superior Court; authorize
State Librarian to furnish certain law books _ ..._._._..._......._...._........ .. ....... 270, 308, 377, 498, 838 HR 48-107 --Homestead exemption; increase; amendment to the Constitution .__.._.._..._..._....._..............._ 271, 308 HR 49-107 --Bell, Mrs. Richard L.; compensate .... 271, 308, 1242, 1391, 1900 HR 50 --Wilton Hall Bridge; invitation to attend dedication ______ 246 HR 51 --Mayors, Municipal officials; tribute to _____ _ ....._ _.__ _ 246
HR 52-110 --Smith, Mrs. Homer; compensate _______ 271, 309, 480, 536, 741
HR 53-110 --Collins, Mrs. L. R.; compensate __._..____..___ 271, 309, 480, 537, 741
HR 54-110 --Kennesaw Mountain National Battle Park; authorizing placing of monument _...__ _._.,,__. 271, 309
HR 55-110 --Confederate pension records; authorizing microfilming and indexing of _..__..___.___..____...._.._._,___________ 272, 309
HR 56-130 --Johnson, Julius W.; compensate _______________________________ 303, 354
INDEX
2465
HR 57-130 --Cherokee Indian Nation; develop as tourist attraction .....___ 303, 354, 902, 1554, 1562, 1765, 2052
HR 58-130 --Hart County Industrial Building Authority; create; amendment to the Constitution --------... 303, 354, 398, 576, 912
HR 59-137 --Probate Judge, office of; create; amendment to the Constitution ...____ _.--------__----_----_.._ 304, 355
HR 60-137 --Patton, J. P.; compensate---------_--------------------305, 355 HR 61-137 --Suggs, Irvin David; compensate _-------- 305, 355, 675, 758, 1461 HR 62 --R.O.T.C.; request Congress to continue --------... --_.._._ 314, 378 HR 63 --Agriculture, Department of; request
Commissioner to conduct program on MH-30 ........ _._... 315, 379 HR 64 --House of Representatives; House
Appropriations Committee; relative to..--..----.----.--.-...-- 317 HR 65 --Powers, James E.; invite to address
Joint Session^-----. ..------------.___--------.-------- 318, 379, 955 HR 66 --Constitutional Revision; create
Committee to advise with Governor ____--------.._--------. .__,,. 319 HR 67 --Reeves, Ollie; Sympathy for passing of._ . .__._........ .____.._._--__...__ 320
HR 68 --House State Institutions and Property Committee; create interim committee----__...---......- 325, 1698
HR 69 --Federal Aid to Education; urge Congress to enact appropriate legislation-.....--____.._.,,_------.__.--._.._. 326
HR 70 --General Assembly; adjournment-.----------....--.. 321, 342, 380 HR 71 --De Ovies, Dean Raimundo; Sympathy for passing of ..... 321, 379 HR 72 --Praser, Honorable Carlyle, sympathy for passing of ............ 322 HR 73 --Arnold, Honorable Luke S.; sympathy for passing of .... 322, 379 HR 74 --Massell, Honorable Ben J.; sympathy for passing of-.323, 379 HR 75 --Rogers, Dr. Wallace; sympathy for passing of----...----_. 324, 379 HR 76 --Field, Honorable Robert E. Lee;
sympathy for passing of ---------------------------- 325, 379 HR 77-157 --State Parks; repeal Resolution recommending State
discontinue building of cabins .---------- 347, 374, 481, 527, 794 HR 78-157 --Alien, William, Sr.; compensate .----------__.------------ 348, 374 HR 79-157 --Banks, E. W.; compensate........____......--------------. 348, 374 HR 80-157 --Clarke, C. W.; compensate.--..,,.-.._--------------------348, 374 HR 81-157 --Rhodes, Harold R.; compensate....................--........-----.. 348, 374 HR 82-157 --Reece, La Fayette B. compensate..--..._..----_.-._------ 348, 374 HR 83-157 --Carpenter, Harley E. compensate-...------------------. 348, 374 HR 84-157 --Daniel, Mrs. Ruby B. compensate-------------------- 348, 374 HR 85-157 --White County; election of members of Board of Education;
amendement to the Constitution .____...._.. 349, 375, 550, 581, 912 HR 86-157 --State Retirement Systems; invest funds in home
loans on property located in Georgia ..--. 349, 375, 1330, 1771 HR 87-157 --Home Building Industry; create own insuring
and regulating agency.----...__.--------_____..... 349, 375, 1330, 1773 HR 88-157 --Federal Aid Agencies;
urging Congress to support --------___. 349, 375, 1330, 1585 HR 89-163 --Long, J. B.; compensate...--...----------___------____.. ---- 350, 376 HR 90-163 --Decatur County Superior Court; authorize State Librarian
to furnish certain law books --------_____ 350, 376, 432, 499, 838
2466
INDEX
HR 91-181 --Adams, Ray L.; compensate
... .......
368, 393
HR 92-181 --Mosley, Donald, compensate _____
_. _____ ..... 368, 394
HR 93-181 --Oil & mineral proceeds from State lands to be appropriated
for education; amendment to the Constitution .... _ 308, 394
HR 94-188 --Rountree, Miss Sarah Lynn;
compensate _._.___._-..._____....__._.._...._...___... 369, 395, 675, 761, 1900
HR 95-188 --Callihan, Luther; compensate __ ....... 369, 395, 1242, 1393, 1900
HR 96-194 --Gordon County; Ordinary; authorize State Librarian to
furnish certain law books ________ ..... 370, 396, 1027, 1265, 2052
HR 97 --Jackson, Honorable James E.; sympathy for passing of 380, 431
HR 98 --Burton, Mrs. R. C.; sympathy for passing of ....... 381, 431
HR 99-230 --Governors to succeed themselves; amendment
to the Constitution .................. ___________ _______
390, 875
HR 100-230 --Hall County; granting of easement across
certain real property ....... ........ 390,429,634,709,913
HR 101-230 --Homestead exemption; 65 years of age;
amendment to the Constitution _. . ..
__. 390, 429
HR 102-230 --Telfair County; officers ineligible to hold
office under certain conditions; amendment
to the Constitution . .......__... __________ 390, 429, 480, 585, 912
HR 103 --Smith, Hon. George L. II; wishing speedy recovery
399
HR 104 --Kimbrel, M. Monroe; invite to address
joint session of General Assembly _____ ... ......... 399, 464
HR 105-254 --Griffin, Emory E.; compensate ...... _ 419, 474, 902, 996, 1461
HR 106-254 --Hartley, Troy; relieve as security
on a bond.--. .-.---.-...-..-..-....-.--.-;-419, 474, 551, 644, 838
HR 107-254 --Sanders, William L., American Legion Post
No. 4742; compensate _______ ........ __ 419, 474, 902, 998, 1461
HR 108-267 --DeKalb County; transfer of certain
real property...---- ........ ....___. .... 421, 476, 634, 712, 913
HR 109-267 --Fulton County; transfer of
certain real property 421, 476, 634, 713, 714, 832, 1197, 2053
HR 110-267 --North, Mrs. Elizabeth M.;
compensate ___._........._..__ ...... ____________ 421, 476, 1242, 1395, 1900
HR 111-267 --Clayton County; licensing and regulation of
business in unincorporated areas; amendment
to the Constitution ......... .... ....................... 422, 477, 550, 588, 912
HR 112-267 --Clayton County; creation of Civil Service System; amendment to the Constitution .... ___ 422, 477, 550, 591, 912
HR 113-267 --Clayton County; empower governing authority to enact ordinances; amendment to the Constitution _____________________ ........422, 477, 550, 594, 912
HR 114 --Brooks, Honorable Wilson; wishing speedy recovery
400
HR 115-272 --Jeff Davis County; capital improvements of new industries; amendment to the Constitution ________ ......... ... 423, 478, 550, 597, 912
HR 116-292 --Faulkner, Alien J.; compensate _____ 466, 512, 675, 763, 1461
HR 117-292 --Governor may succeed himself but may not serve more than 2 terms; amendment to the Constitution ...__....._. 466, 512, 875
INDEX
2467
HE 118-295 --Cobb County; creation of Civil Service System;
amendment to the Constitution ___________ 467, 512, 550, 600, 913
HR 119-295 --Homestead exemption; ad valorem tax for
school purposes; prohibit; amendment
to the Constitution
......
......... .467, 512
HR 120-307 --United States; relative to
sovereignty of _._..........._.._...________..__ ..469, 514, 903, 1499, 1501
HR 121-307 --United States of America, for motor
vehicle damage; compensate. ... ._.._. __._._..__.__..._......_...... 459, 514
HR 122-316 --Justice, J. O.; compensate ....._____..__.__.. 471, 516, 1242, 1397, 1901
HR 123-316 --Johnson, Ed. P.; compensate
...
......... 471, 516
HR 124-316 --Key, Fred G.; compensate._...__..._.._... 471, 516
HR 125-317 --Moore, Lewis; compensate ___.......______ 471, 516, 1553, 1733, 2053
HR 126-326 --Pettey, Pete and Sam; compensate _._...._.. ...____.____ ___.._.___ 508, 545
HR 127-326 --Cleveland, Oley P.; compensate...................................... ______ 508, 546
HR 128 --Bargeron, John Jones; sympathy for passing of
.. . 499
HR 129 --Lewis, Ralph E.; sympathy for passing of _.. .. .._.....
. 500
HR 130 --Pierce County; community of Laura Chapel; tribute to ... 500, 635
HR 131 --Southern Technical Institute; urge Board of Regents
to construct additional dormitories _____ .......
501, 635
HR 132-330 --Federal Internal Revenue Code of 1954; ratify
Executive Order of the Governor .__...___ 509, 546, 635, 714, 876
HR 133-330 --Income tax, subsistence allowances; ratify
Executive Order of the Governor . . 509, 546, 635, 716, 877
HR 134-346 --Fulton County-City of Atlanta Study Commission;
extend time for making report ______ 542, 628, 953, 960, 1335
HR 135-346 --Savannah District Authority; create,
amendment to the Constitution _ .. . . _______ _ .. .. 542, 628
HR 136 --Rowland, J. H.; sympathy for passing of ....._..
.. 519, 635
HR 137-355 --Constitution Revision Commission;
create
___.___..-.. ........ ........ ...._..........__..... . 543, 629, 739, 999
HR 138-379 --State Leased Properties Study
Committee; create _.__........_____.._._.____..._ 623, 672, 1031, 1295, 1831
HR 139-395 --Whitfield County; compensation to Mr. Fred
Kimsey through Commissioner of Roads
and Revenues ..._....._.._. ..._____....._.._..........___.. 626, 674, 796, 1244
HR 140-395 --Rizer, Brooks; compensate ..._.............._.........._........._......... 626, 674
HR 141 --Westmoreland, Mr. Douglas; sympathy for passing of .. 637
HR 142 --Poultry Common Market; urging
President to take certain measures _...__..____........_...._. 637
HR 143 --Public Utilities Study Commission;
create interim committee ... ...__...._... .......... ......_..._. 639, 1698
HR 144-405 --Head, Ernest, Jr.; compensate _________ ____________ 668, 734
HR 145-405 --Haralson County; conveyance of certain
property to Board of Education ___ 668, 734, 1557, 1780, 2053
HR 146-408 --Oconee County; establish fire protection system;
amendment to the Constitution ... ____668, 735, 792, 1069, 2053
HR 147 --Crummey, Honorable Cecil; sympathy for passing of ..... 686
HR 148-422 --Cherokee County; conveyance
of certain property..__..__......... ..... _._...731, 787, 1031, 1216, 2053
2468
INDEX
HR 149-426 --Collins, Mr. and Mrs. James; compensate ...----. .--_.___-- 731, 788 HR 150-426 --General Assembly to take appropriate steps
in case of emergency; amendment to the Constitution ..--------___..-- ....... 731, 788, 791, 1192, 2054 HR 151-426 --The S. A. Hodge Sr. Bridge; designate --.----------._------__------___-732, 788, 1028, 1276, 2054 HR 152 --Lamb, Honorable R. A.; sympathy for passing of ------.-- 687 HR 153 --Movie on tourist attractions; create committee to function as liaison between Governor and Tommy Reynolds Productions, Inc.--...-------- 688, 1698 HR 154-427 --Estates; wife not responsible for husband's debts; amendment to the Constitution ------....._ 732, 789, 1029 HR 155-427 --Patterson, Homer C.; compensation 732, 789, 1694, 1731, 2054 HR 156-427 --Marietta Transport Company; compensate -_----.--_..---- .._-------- 732, 789, 1554, 1735, 2054 HR 157-428 --Cranford, Bonnie and James; compensate .------------..--.. 733, 789 HR 158-429 --Department of Public Health; authorization to write off uncollectable accounts 733, 789, 905, 1113, 1831 HR 159-429 --Colonial Pipeline Company; easement for right-of-way _...--------------------733, 789, 1031, 1417, 1831 HR 160-438 --Superior Court; incorporate districts, fire protection districts; amendment to the Constitution ----_.----_--. 783, 826 HR 161-438 --Burke County; provide for 7 members of Board of Education; amendment to the Constitution _..__----.------.------783, 826, 874, 1066, 2054 HR 162 --Smith, Honorable and Mrs. George T.; wishing speedy recovery----------------..- -._..-. .-- --743, 877 HR 163-445 --Dental students; authorize scholarships; amendment to the Constitution __.._. 785, 827, 1147, 1496, 1499, 1833, 1844 HR 164-453 --Congressional Districts; create Committee to study reapportionment on population basis ___--_.._--------786, 829, 1698 HR 165 --Fowler, Honorable James; sympathy for passing of .___......._._ 794 HR 166-470 --Alva P. Hopkins, Jr. Bridge; designate ._--...--....-.----___----.._ 823, 871, 1243, 1536, 1901 HR 167-477 --Superior Court Judges; change amount of traveling expenses ..------......824, 872, 954, 1314, 1316, 1352, 1542, 1831 HR 168-477 --County Consolidation Study Committee; create.--------824, 872 HR 169-478 --Adams, Claubus E.; compensate ........ 825, 873, 1242, 1399, 1898 HR 170 --Okefenokee Swamp; urge construction of bridge....--... 850, 1034 HR 171 --Flint River Complex; urge construction of 5 dams _ 852, 1034 HR 172 --Brown, Professor E. J.; sympathy for passing of.--_...------ 853 HR 173-484 --Bailey, J. T.; compensate . ...---------.866, 899, 1242, 1400, 1898 HR 174-484 --Latham, Mrs. Louise D.; compensate ---------------------- 866, 899 HR 175-494 --Dental College; create in conjunction with Medical College of Georgia....------...896, 950, 1031, 1285, 1352 HR 176 --Joint Session; to hear address by Governor ._------_.--. 878, 1035 HR 177-499 --Georgia Mental Health Center; designate "S. Ernest Vandiver Mental Health Center"........ 897, 951, 951, 1245, 1406 HR 178-500 --Sommers, William C. Jr.; compensate .-..__.----------_........897, 952 HR 179-509 --Walton, Benjamin; compensate----__----------.----_----...__ 946, 1025
INDEX
2469
HR 180
--Cotton; memorializing President to take certain steps---..------------_---.--._------__---------916, 1035
HR 181-516 --Swint, Mrs. H. S.; compensate--_____ 947, 1026, 1553, 1739, 2054 HR 182-517 --Voters entitled to vote on issuance of
bonds, taxes on property; amendment to the Constitution ____.,,_____.______,,-_____,,-_,,.______-________ 948, 954, 1026 HR 183-528 --Hooks, Evie Jean; compensate ._ ...______________________ 1017, 1137
HR 184-535 --Board of Commissioners of Roads and Revenues; license fees; amendment to the Constitution __ 1019, 1138, 1245
HR 185-535 --Forward Georgia Commission; create ... _.______.._._____.._____..____-___ 1019, 1139, 1246, 1648, 2054
HR 186-535 --Norquist, Robert L.; compensate _______________ ______________..._1019, 1139, 1242, 1402, 1898
HR 187-542 --Floyd County; transfer of certain State property to cemetery of the Oostanaula Church _ ..______..______._._____1020, 1140, 1245, 1414, 1831
HR 188 --Tobacco; oppose move to require tagging of certain tobacco _________,,_____________,,__,, ________ 970, 1150
HR 189 --Bostick, George H., Forsyth, Georgia; commend......_._.._ 969, 1150 HR 190-565 --Bowles and Tillinghast, Inc., Interim Committee, for
services rendered; compensate __ 1024, 1143, 1246, 1408, 1898 HR 191-575 --Thompson, M. E.; place marker on Jekyll
Island in honor of..... ......... 1130, 1237, 1333, 1756, 1972, 1979 HR 192-579 --Callenback, Ralph R. Jr.;
compensate ....... ____________________ 1131, 1237, 1553, 1737, 2054
HR 193
--Lee, Honorable and Mrs. William J.; congratulations to .__.___---._--..___. _.-- ---_ 1072
HR 194-580 --Decatur County; authorize Governor to convey certain property owned by State ._._................_.. -- 1131, 1237
HR 195-580 --Trout, Monte F.; compensate ___________ ____________ 1131, 1238 HR 196-583 --Forsyth, Dan W.; compensate ______ 1132, 1238, 1554, 1743, 2055 HR 197-583 --Cobb County; authorize to assess and collect
license fees and taxes; amendment to the Constitution .._______ ._____.._.______ 1132, 1148, 1238, 1484, 1544
HR 198-583 --Cole, Ruben B.; compensate ___..._________ ____.....________._._ 1132, 1238
HR 199-595 --Taylor County; conveyance of certain State property 1134, 1240
HR 200-595 --Kane, Paul T.; compensate .._.....____.___..._..._..__..._ ........ 1134, 1240
HR 201-595 --Ramsay, Alston, Jr.; compensate .... ............ ...... 1134, 1240
HR 202-595 --Horten, Cyrus W. IV; compensate
_________ 1135, 1240
HR 203-595 ---Defense and Veterans Affairs; create interim legislative committee ... ........ .... _____ 1135, 1240, 1693, 1694
HR 204 --Basketball Game; House and Senate ...______..._______.__________ 1074
HR 205-608 --Pierce County; State Librarian authorized to furnish certain law books to Ordinary __ 1231, 1326, 1454, 1483, 2055
HR 206
--Timber Tax; urge Governor, etc. to resist certain changes ..._.._.__......__...._._...... 1156, 1245, 1343
HR 207
--State Employees' Retirement; create joint committee to investigate ________ _______ _______ 1157
2470
INDEX
HR 208
HR 209 HR 210 HR 211 HR 212 HR 213
--Unclaimed Property; create
committee to study------------.------------.--...- - 1158, 1697, 2016
--Durham, A. E.; sympathy for passing of.... ......_... .--. .._. 1159
--Rutland, Honorable Guy W., Jr.; commend .._. ..... ...
1160
--Telephone Company, Young ladies; commend _----__--...__........ 1160
--Valdosta State College, Anniversary, 50th; commend. 1161, 1335
--Dowell, Spring; sympathy for passing of ....._..___._--.... .... 1162
HR 214 --Pennington, Robert F., Honorable;
sympathy for passing of....._.._..__._..... _..__. ______ ._ 1163, 1335
HR 215-629 --Gordon County; conveyance of certain
State Property .__....__.......___._. ..__.___ 1235, 1329, 1557, 1768, 2055
HR 216-632 --Hanna, George R.; compensate......... 1320, 1449, 1553, 1741, 2055
HR 217 --Russian Churchmen; protest visit.--.----_.._.___--_.._...___ .___ ....1249
HR 218-635 --Strickland, Gabriel; compensate ... 1321, 1449, 1553, 1678, 2055
HR 219-650 --DeKalb County; create citizens' committee
to study administration of
justice ..... ....... ..... ........ 1323, 1451, 1556, 1572, 1904, 1943
HR 220 --Lancaster, Honorable Bela A.; congratulations .. .
1253
HR 221 --Industry; create interim committee
to study promotion of ..__.___...._____. ......... _.._..._._._._... ... 1254, 1698
HR 222 --Emeritus Position Laws; create committee to study 1254, 1698
HR 223 --House facilities; create committee to study -.1255, 1697, 2016
HR 224 --Uniform Vehicle Code; Study by
Legislative Counsel ....._.__._..___...__..__.__.__._____. .... 1255, 1697, 2015
HR 225 --Mullis, Honorable James; wishing speedy recovery
1344
HR 226 --Bolton, Honorable Arthur; congratulations to..__.,,___.......... 1345
HR 227 --State Board of Education; corporal
punishment in public schools; study __. ..__._. ... 1342, 1554, 1586
HR 228 --Georga Tech Basketball Team; commend ...... ...... .... 1346, 1699
HR 229 --Goldberg, Honorable Sam; sympathy for passing of .. 1347
HR 230 --Hubbard, Dr. C. S.; sympathy for passing of _.____. ... 1348, 1699
HR 231 --Moon, Honorable Herbert Watson; sympathy for passing of 1349
HR 232 --White, Honorable Cleveland M.; sympathy for passing of. 1350
HR 233 --Ryder Cup Golf Matches Week; designate .... ..... . .. 1350, 1699
HR 234-669 --DeKalb County; citizens Committee to
study public safety...... .... 1446, 1549, 1695, 1720, 1942, 2008
HR 235-675 --White County; authorize transfer of certain real property 1447
HR 236-679 --Battey State Hospital; create interim committee
to study operation and facilities ...... .-- 1448, 1551, 1698
HR 237 --Blalock, Honorable D. B.; commend ...._.......__....___.__....._......__..._ 1464
HR 238-683 --Smith, Ed L.; compensate......._._.....___...._...___._... ..... .... 1448, 1552
HR 239
--University System of Georgia Committee; further studies of educational problems
... 1464, 1698
HR 240
--Elijah Clark Grave; urge Budget Bureau to make funds available for repair ........___.__._.___.__.._.._.___.___.1465, 1552, 1556, 1729, 1832, 2055
HR 241
--Non-Profit Medical Coropration; create interim committee to study ...........___.____._....___.._...._____-._..__. ...... 1466
HR 242 --Valdosta High School; commend ....... .... ........ .. .. .... ..... ...1466
INDEX
2471
HR 243 --George, Honorable Roy M; sympathy for passing of 1468, 1699
HR 244 --Cleveland, Honorable Denver W. and
Hart County High School congratulation to .. .._....._._.... 1468
HR 245 --Prayer Breakfast; appreciation for--------------------------1575
HR 246 --Logan, Honorable Benjamin C.; lament illness of-.----..---- 1575
HR 247 --Policemen; capitol area; commend----------..------..--1576, 1832
HR 248 --Dews, Honorable Charles E. Sr.; sympathy for passing of.... 1577
HR 249 --Hart County, certain students; commend-.--.----.------.----1578
HR 250 --Growers of Georgia poultry; commend-------.----. - --. 1579
HR 251 --World's Pair in Atlanta; relating to-._----.----.----.1580, 1832
HR 252 --Tharin, Lewis S. Hon.; sympathy for passing of------- -1582
HR 253 --Julian Tilman Segars; Winder High School; commend ..__ 1583
HR 254 --Yearwood, John E., Winder High School; commend.--.-- 1583
HR 255 --Edison High School; congratulations to. .... -- . -- -- --..... 1584
HR 256-689 --Nimmer Chevrolet Company; compensate- ..._.. _..._. ....1823, 1896
HR 257 --Smith, George L.. II; commend --_.--------.-._......--_..--.... 1886
HR 258 --State Highway Department; use of domestic materials 1813, 1901
HR 259 --Quattlebaum; Hon. Albert W.; sympathy for passing of ... 1814
HR 260 --Cook, Mrs. Joyce; extend sympathy to .......----. ------ _..--. ..1814
HR 261 --Agricultural-Engineering Building,
University of Georgia; relative to .--------. -------- ------ 1815
HR 262 --Agricultural Research Study Committee; create... ..._..... ... 1816
HR 263 --General Appropriations; interim committee ..... .... ....... .... 1819
HR 264 --Hygiene and Sanitation; interim committee.-- 1817, 1827, 2017
HR 265 --General Oglethorpe Monument (Pickens County) ;
create interim committee to study----... ..... _ 1818, 1827, 2018
HR 266 --Basketball Team, House; appreciation to... ........-- ..----. . - ._._... 1887
HR 267 --Tyson, Col. Arthur W.; commend--................------.----..--.. 1888
HR 268 --Owen, Mr. & Mrs. Paul; congratulations to ..... ...... ........ .... 1889
HR 269 --Hand, Dr. Hollis; sympathy for passing of ..------ --_..._. ...... . 1889
HR 270 --Columbus Ledger and Enquirer; appreciation to. ._........._...1890
HR 271 --Hayden, Hon. N. S.; commend--------....------ .------ .-... --1891
HR 272 --Woodruff Family; appreciation to --------.........__._.--__._.....---- 1892
HR 273 --Brown, Hon. Lawrence J.; sympathy for passing of ......... 1892
HR 274 --House of Representatives; stay-over resolution..-.--------.----.2020
HR 275 --Butler High School, Girls Basketball Team; commend ... . 2021
HR 276 --American Legion; congratulations to...- ....... --.. 2022, 2055
HR 277 --Wilby-Kincey Theatres; appreciation to ... __. -------- ...... 2024
HR 278 --Macon Telegraph; appreciation to.....---- _..----.----...... 2024
HR 279 --Fortson, Hon. Ben and Burton, Joe N.; appreciation to .. 2025
HR 280 --Emory Medical Center; etc.; relating to .... .... --_..___ .2025
HR 281 --Treasury Department Heads; appreciation to ......
2026
HR 282 --Legislative Counsel; certain information requested-
2027
HR 283 --Dexter High School, Girls Basketball Team; commend 2027, 2053
HR 284 --Henry County Board of Education; congratulations .___.. ... 2028
HR 285 --Brown, Honorable Thomas J.; wishing speedy recovery 2030
HR 286 --Office of Legislative Counsel; appreciation to.----....___....... 2030
HR 287 ---Sweet Potato Association; commend---.. .... -.------2031, 2056
HR 288 --Ninth Congressional District Representatives;
appreciation to ._.........- ...... __.------------------...... ._._....... 2032
2472
HR 289 HE 290 HR 291 HR 292
HR 293 HR 294
INDEX
--Freeman; Honorable Orville L.; commend ---.__--..._______._.._._. 2032 --Smith; Mrs. W. H.; sympathy for passing of _____ ___________ 2033 --Interim Study Committees; relative to ..........--_--_...._.... ...__.. 2034 --General Assembly; Sine Die
(6:15 P.M.) adjournment ._.__...._... _ 2035, 2057 --Stuckey; Honorable W. S.; appreciation to_--__..--..___..__ 2035 --Calhoun County; relating to basketball teams of Crawford
County and Edison of Calhoun __._____,-.--_.--_-. 2035
INDEX
2473
Part IV
SB 3 SB 4 SB 5 SB 6 SB 7
SB 8 SB 11 SB 12 SB 13 SB 14 SB 16 SB 17 SB 18 SB 23 SB 25 SB 26 SB 27 SB 28 SB 29 SB 30 SB 31 SB 32
SENATE BILLS IN HOUSE
--"Aid to Dependent Children Act"; redefine "Dependent child".--------..__----..___ 557, 559, 630, 875
--Vacancies and resignations of public officers; procedure for suspension ___,,---- ______...._. 683, 684, 736, 1826
--State assistance to Counties and Municipalities that merge _.__....____..._____ 277, 305, 356, 378, 403, 517, 535, 840, 1605
--State Departments; consolidation and merger ..____.....____.,,......_.......__..... 277, 305, 356, 378, 406, 517
--County Superintendents of Schools; qualifications _...__._.__.----..-- 299, 305, 356, 548, 709, 1880, 1886, 1943, 1972, 1972
--County Superintendents of schools; filling vacancies __.....----__--..__.--___-_.._--......300, 306, 356, 548, 717, 718
--Commercial establishments closing on Sunday .__....___,,.____.._. 464, 510, 547, 1029, 1669, 1722, 1726
--North Georgia Mountains Authority; create .. . . 300, 306, 357, 378, 437, 557, 640, 1710, 1919
--Fulton County; Depositories Public Funds __.__.,,----.--.-....----,,_____. 558, 559, 631, 954, 965
--Motor Vehicles; inspection of _...... --.... 557, 559, 631, 1028, 1946 --Athens; City of; eligibility to vote for
mayor and alderman ___._.__--__-._..--..--.557, 560, 631, 738, 745 --Savannah, Municipal Court,
Judge compensation ___.___.....___--_,,______..._._____.._.....__.. 558, 560, 631 --Ships; identification of registry ....._.___.__... ._._...___--. 463, 472, 516 --Motor carrier; term not including
certain vehicles .--------.._.___. _--__1033, 1035, 1143, 1332, 1796
--Property sales under execution; time, manner and place of holding................... 463, 472, 517, 676, 1225, 1559
--School bus drivers; obtaining a a chauffeur's license--.-----.--... 558, 560, 631, 792, 1955
--Limestone, agricultural, regulate registration, labeling ___...__._.._----...----_. 558, 560, 631, 791, 939
--Board of Examiners of warm air heating contractors; additional members ..--..__. 1151, 1152, 1241, 1826
--Fulton County; Garbage Disposal Systems ._.__..----..... ... .............. 558, 560, 631, 954, 964
--Donalsonville, City of; Mayor, Alderman, compensation .._....._.----__...__. 558, 560, 632, 739, 745
--Workmen's compensation; time limit _.----....------_--_. 1247, 1249, 1330, 1695, 1876, 1904
--Lumber; minimum standards in permanent construction ____----. 463, 472, 517, 1244, 1867, 1906
2474 SB 33 SB 34 SB 38 SB 39 SB 40 SB 41 SB 42 SB 44 SB 45 SB 46 SB 49 SB 51 SB 52 SB 55 SB 59 SB 61 SB 62 SB 63 SB 64 SB 65 SB 67 SB 68 SB 69 SB 70 SB 71 SB 74
INDEX
--Posters, banners, placards; illegal to post on public roads...... ..._.._.._._....... ... 557, 561, 632, 1555
--Firemen; prevent from belonging to certain organizations ______.,,.______________________________....._.-.463, 472, 517
--Decatur, City of; extend city limits.......... 558, 561, 632, 739, 746 --Automobiles; be equipped with
safety belts _. ..-._. ....... ......_. .739, 742, 790, 1030, 1382, 1559 --Poll workers; wearing
of badges ... ................. ....... 636, 637, 674, 875, 937, 955, 1873 --Uniform Airports Act; landing fees;
prohibit charges ...... _____.._____._..........__. ...........740, 742, 790, 1246 --Insurers; penalties for refusing to pay
claims on bad faith.......................... ............_.._..740, 742, 790, 1146 --Civil Court Cases; minimum filing fee.................. 916, 948, 1026 --Clerks of Superior Court; collect recording
fees in advance ...... . .... ...... .....556, 561, 632, 873, 1217, 1457 --Courts, appellate; costs for transmitting
transcript of record . ............... ...... 556, 561, 632, 671, 1220 --Fairburn, City of; provide for
election of councilmen .. .. ...... .. ..... 838, 867, 900, 954, 964 --East Point, City of; extend
city limits . . ... . ...... . ...... - ............ ... 838, 867, 900, 954, 964 --McDuffie County; Placing certain officers on
salary in lieu of fee system... ...... ...... 838, 868,, 900, 954, 966 --Advertising, regulating; providing equitable
remedy for certain violations ... 1249, 1249, 1329, 1557, 1859 --Cedartown Development
Authority; create . .......... ....... .... 915, 949, 1027, 1148, 1266 --County police; limit certain powers to
county of appointment._._....._..._.. ............... 636, 637, 675, 875
--State Bar of Georgia; create ...682, 685, 736, 829, 831, 886, 871
--Property; penalty for wilfully burning real or personal property . ................ ............. -740, 742, 790, 904, 1865
--Insurance policy benefit, penalty for false oath ..... ...... 916, 949, 1027, 1146, 1810, 1823
--State Fire Marshall; authorize to make arrests and carry weapons .... . ..... 792, 795, 829, 904, 1863, 1896, 1961
--State School Superintendent; qualifications .............. .... ...... 740,742,790,873,935,1034
--Banks; capital stock of banks applying for charters, to be paid in .... ........... . ..... 684, 685, 736, 1028, 1802
--Superintendent of Banks; office; not open on Saturday ... . _. . . 739, 742, 790, 1028, 1804
--Banks; changing percentage that a bank may invest in property _ ..... ..... 684, 685, 736, 1151, 1330, 1806
--Banks; fee paid by applicants for charter ........ .... 684, 685, 736, 1028, 1808, 1823, 1994
--Tax returns; by mail........ ................................ 839, 868, 900, 1148
SB 77 SB 78 SB 79 SB 80 SB 81 SB 82 SB 83 SB 84 SB 86 SB 87 SB 90 SB 91 SB 93 SB 98
SB 99 SB 100 SB 102 SB 103 SB 104 SB 105 SB 106 SB 107 SB 108 SB 112 SB 114 SB 116
INDEX
2475
--East Point, City of; division of officers
and employees . . . .. ..__....... ...... ....... . 683, 685, 737, 954, 963
--East Point, City of; drainage
of surface water ......... _.._...__......_...... 684, 685, 737, 954, 9G4
--East Point, City of; qualified
voters __......_................_..... ..._...._......._._... 684, 686, 737, 954, 965
--Optometry, clarify authority of State
Board of Examiners ... _ ... .... ... 740, 743, 790, 874, 1665, 1710
--Education Grants; method by
which paid ... .. ..... - .. .... . .... ..... 683, 686, 737, 1145, 1939
--Citrus fruits;
set standards .... _. 683, 686, 737, 791, 1215, 1436, 1559 ,
--State Employees' Retirement System;
survivors' benefits ._.........__.._..._._.. 839, 868, 900, 1149, 1530
--State employees' Assurance Department;
create ................... 839, 868, 901, 1149, 1528, 1559, 1792, 2057
--Loan offices; relocation of ....._..._.__.. 740, 743, 790, 1028, 1861
--Fulton County; compensation
judge __._._..........-_.._.-_.___-__.. ....... .__._._. 839, 868, 901, 954, 965
--Motor Carriers; Public Service Commission to
fix fares and charges ...__...... ..1033, 1035, 1143, 1332, 1787
--Motor common carriers; non-resident carriers
to maintain agent ....._....... .......... 1033, 1035, 1143, 1332, 1793
--Motor Carriers; non-resident carriers to
maintain agent _. ... .__....._...._.... 1033, 1035, 1143, 1332, 1794
--"Uniform Commercial Code"; define
public sale _. ........ 915, 949, 1027, 1147, 1316, 1439, 1560,
1608, 1620, 1710
--Minors; criminal responsibility ...
1709, 1722, 1825
--Brunswick Judicial Circuit,
Salary of Secretary . ... .. 839, 868, 901, 1365, 1556, 1572
--School Buses; discharge
of passengers . . ... ..
839, 869, 901, 1145, 1798, 1833
--City of Atlanta; Fulton
County Civil Court ..... .... .......
915, 949, 1027
--Fulton County; Fire
prevention systems ... .... .... ........ 840, 869, 901, 1454, 1488
--Taylor County; consolidation schools .. . ... . 840, 869, 901
--Architect; credit for experience while
in military service
... .. .. 915, 949, 1027, 1243, 1800
--Divorce actions; clerk of court to order service by publication ... . 1032, 1036, 1143, 1147, 1384
--Trust companies; designation of
.. .. . 1248, 1249, 1329
--Jasper, City of; change corporate limits ...... ..... .... ... 915, 949, 1027, 1331, 1364
--Baldwin County, Civil and Criminal Court; create .... ....... 1459, 1462, 1552, 1827, 1835, 1903, 1937, 1951
--Real Estate; transfer between husband and wife _. ................... 1033, 1036, 1144, 1245, 1998
2476 SB 120 SB 121 SB 122 SB 123 SB 124 SB 126 SB 129 SB 130 SB 131 SB 134 SB 135 SB 136 SB 137 SB 138 SB 139 SB 140 SB 143 SB 144 SB 145
SB 146
SB 147
SB 148
INDEX
--Swainsboro, City of; increase
corporate limits __-...___.. _...__.._._. .... 1336, 1341, 1453, 1556, 1573
--American History Month,
designate February .............. 1151, 1152, 1242, 1333, 1856, 1858
--Roswell, City of; change
corporate limits ._..-.-__-._..__-.._._...,,__ 1708, 1721, 1824, 1897, 1905
--Interstate, intrastate commerce;
promote flow ...._......_....__..._ 1149, 1152, 1242, 1555, 1869, 1871
--State Employees; time
off to vote..................__.......-.-.-_-.._-_--. 1459, 1462, 1552, 1897
--Cobb County Marietta Water Authority;
create ._......__-..._...._.__......._........_...___......1336, 1341, 1453, 1556, 1573
--City Court; established in certain counties; civil and
criminal jurisdiction in said counties --...--..... 1336, 1341, 1453
--Corporations; merger of trust
companies
..____.. 1574, 1598, 1694, 1826, 2013
--Peace officers annuity, filing of
notice of disability .._._._._......__.._._..1460, 1463, 1552, 1556, 1937
--Atlanta, City of; method of filing vacancies,
Board of Aldermen.........__....___....__...._...._. 1336, 1341, 1453, 1490
--Fulton County; board of
education employees ....._....__........... 1336, 1341, 1453, 1556, 1573
--Fulton County; police and
firemen pensions ........ 1336, 1342, 1453, 1556, 1574
--Milledgeville State Hospital; guardians committing aliens ..... 1335, 1342, 1453, 1557, 1944, 1952, 1964
--Psychiatric hospitals; to receive aliens ___....__....____...__.... ...... 1336, 1342, 1454, 1557, 1957
--Milledgeville State Hospital; ordinary committing aliens ...... 1336, 1342, 1454, 1557, 1959
--Rochelle, City of; salary of mayor and aldermen ..... ........ ... 1459, 1463, 1552, 1827, 1834
--Fallout shelters; included in government buildings .................. .... ... 1708, 1721, 1824, 1826
--Cochran, City of; zoning commission, create __......_.....--._--...1460, 1463, 1553, 1897, 1906
--Governor-elect; provide separate office in State Capitol; provide him certain information _._.....__....__._................................1460, 1463, 1553, 1556
--Motor Vehicles; registration of manufacturers and dealers .................. ....... ..... .......... 1559, 1574, 1694, 1697, 1996
--Desecration of burial places; penalty for desecration of any human body _..................._....._....................... 1574, 1598, 1694, 1697, 1858
--Jekyll Island State Park Authority; assure income to be used in maintaining Jekyll State Park ........_......._....._.... 1461, 1463, 1553, 1556, 1912
SB 155 SB 158 SB 159 SB 164
INDEX
2477
--Municipalities, incorporation of; records kept by Secretary of State __....._____..___... 1709, 1722, 1825
--Macon, City of; fire department, police, sick leave.___......_..........__.--.... 1708, 1721, 1825, 1897, 1905
--Young Harris, City of; council members ....__._____...........-_-. 1708, 1721, 1825, 1897, 1905
--Teachers Retirement System; change minimum floor ._........_.-_____.._._._...1708, 1721, 1825, 1907
2478
SR 1 SR 7 SR 9
SR 14
SR 15 SR 21
SR 22
SR 24 SR 25
SR 32 SR 34 SR 36 SR 41 SR 43 SR 47 SR 53 SR 54 SR 55 SR 56 SR 59 SR 61
INDEX
Part V
SENATE RESOLUTIONS IN HOUSE
--Notify House Senate has convened .._......_._.._..____.__._____..___..__..._ Ill
--State Senators; provide for 4 year
terms; amendment to the Constitution _. 278, 306, 356, 1032
--Governor's Commission for
Efficiency and Improve
ment in Government;
create _ ... 278, 306, 357, 378, 409, 877, 1608, 1710, 1752
--Economy, Reorganization and
Efficiency in State Government;
create Senate Committee ... ..300, 306, 357, 1557, 1745, 1833
--Savannah River; construction of multipurpose
project at Trotters Shoals site .... .. .... ..... ..... . ..... ... 235, 313
--Fulton County; construction of
streets and sidewalks; amend
ment to the Constitution .... ..... ... ...556, 560, 631, 954, 1059
--Pulton County; recreational pro
grams; amendment to the
Constitution . - . .......... .... 556, 560, 631, 954, 1062, 1457
--Election Laws Study Committee;
create .. ..
........ .......... 636, 636, 674, 1031, 1654, 1834
--Tobacco; Commissioner of Agriculture and State
Experiment Stations, study adverse effects
ofMH-30... ........ .. .. ...... .................. ... .300,357
--Chattahoochee-Apalachicola-Plint Waters; relative to development of ..... .......... ............ ._....._....._.._. 380, 381
--Election Study Commission; extend time for making report .. . ....... .... 556, 561, 632, 1827, 1910
--Public Pensions Study Commission; create ...... . ......... .. .. . 1151, 1152, 1242, 1693, 1698
--Chatham County; 52nd Street
extended
... .... . . . ... .. .... 556, 561, 632, 1331, 1364
--Board of Regents; request dormitories for Southern Tech ..... 399
--Tax exemptions for certain educational expenses; urge Congress to support _ _._ . .....683, 684, 736, 873
--Battleship Missouri; urge Budget Bureau to make funds available to maintain...--- ......... ...... ..-..-793, 853
--Basketball game; Senate and House ................................ 793, 1073
--American History Month; designate .--....._.-..-.-_..--._.....-. 793, 1166
--Congressional Districts Study Committee; create ..........................._......................._..........._ ... 916, 948, 1026, 1698
--Peace Officers' Memorial Day and Police Week; designate .____._....,,._.__..__--..__.____.___..__._._________915, 1165
--Dowell, Dr. Spright; sympathy for passing of.............._.915, 1164
SR 64
SR 65
SR 68 SR 69 SR 70 SR 73 SR 75 SR 79 SR 85 SR 86
SR 91 SR 115 SR 117 SR 123 SR 125 SR 128
INDEX
2479
--Governor's Commission for
Scientific Research and
Development; create .... ......... ... 1339, 1341, 1452, 1456, 1646
--Interstate Cooperation Committees;
study subsidies offered to attract
new industry ... . ....... _. ...___._... ............. 1460, 1462, 1552, 1556
--R.O.T.C.; oppose proposed cutback, urge expansion.---.. 1151, 1167
--Russell, Senate Richard B.; invite
to address joint session .._._.._,,___._______----. .._._.._.,,.___..._. 1151, 1168
--Talmadge, Senator Herman E.; invite
to address joint session .--....--._-....-------.---.----.--..-._.._--1151, 1169
--Government Operations Committee;
abolish
. .... ............ 1460, 1462, 1552, 1820
--Basketball Game; members House and Senate .. ..................... 1249
--National Council of Teachers of English
Achievement Awards; commend ... ............ ......... 1459, 1470
--Ford, Henry; commemorate centennial birthday .......... 1462, 1471
--Governor and Lieutenant Governor;
succession of; amendment to the
Constitution ........... ......_..._.......____...__... 1708, 1722, 1825, 1827
--Pulton County; create Commission
to study elections .............................. 1708, 1721, 1824, 1897, 1904
--Timber; petition Congress to reject
changes in taxation . ............. _._...._...____.........._......... 1904, 2036
--Georgia Tech; appreciation to officials...................... .... 2038; 2056
--Atlanta Police Department,
Chief Herbert Jenkins; commend .. ............ ............. 2039, 2040
--Blankenship, Mrs. Marion C.; sympathy
for passing of.... ... .__...._._..._.......... ......... ........_____ .. . _. 2038, 2056
--Georgia Baptist Hospital, commend staff ........... .2037, 2056